Nebraska Criminal & Trial Lawyers
How Is Intent to Distribute Determined?

How Is Intent to Distribute Determined?

Nebraskan residents like who who are accused of drug-related crimes will want to fight back against these accusations. This is especially true if you are being charged with the intent to distribute. Exactly how is this intention proved, and what can you do to defend yourself?

FindLaw defines possession with intent to distribute as a situation in which you are in possession of drugs, and intend to either give them to someone else to sell, or sell them for yourself. The drugs in your possession are not meant for you, but are meant for others.

But how are something like your intentions determined? This is where things can get a little dicey. Being in possession of drugs is a little more cut and dried. Though it's possible the drugs were planted or that they aren't yours, there is still physical evidence that drugs were involved. Whether or not you have the intention of distributing those drugs, on the other hand, is harder to pin down.

Generally speaking, intention to distribute is determined by the surrounding circumstances in a case. Things like the amount of drugs found, packing materials, large sums of money, drug paraphernalia or even communications with potential customers are the pieces of circumstantial evidence that are generally relied on when someone is trying to prove that you had an intention to distribute.

In other words, it's usually a little easier to fight against charges blaming you for intending to do something that no one can solidly prove you were going to do. By contacting an attorney, you can help craft yourself a defense proving that the intention never existed.

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