Factors used to determine if there is intent to distribute drugs
It is a reality that many people use drugs in Illinois. Many of these drugs are illegal to possess and sell. This means that if people are caught with drugs on their person they could be charged with drug crimes. However, selling these drugs could result in more severe penalties.
People are not always caught in the act of actually selling drugs. However, even if they are not caught in the act of selling, individuals can still be charged with possession with the intent to deliver. Proving the intent element of such a crime is not always straightforward though, so there are a number of factors that are used to determine whether an individual has committed this drug offense.
One factor is the amount of a drug that an individual possess. Generally speaking, the larger the amount the more likely a judge and jury will find that the individual intended to sell the drugs. Another factor is how the drugs are packaged and if the person has packaging material in his or her possession. Other factors include if the person has large amounts of cash or scales, and if there is any evidence of communication regarding drug sales.
Proving intent can be challenging for prosecutors. Simply being charged does not mean that an accused individual is guilty. However, given how aggressive prosecutors can be in these cases, it is best for accused individuals to consider all of their criminal defense options.
Many people in Illinois are charged with drug crimes each year, but not all of them are in fact guilty of the crime. It is important for people to understand the potential defenses they may have at their disposal because avoiding a conviction can protect an individual’s freedom and future. Experienced attorneys understand these potential defenses and may be able to help protect one’s rights after an arrest.