Why have I been accused of being a drug dealer?
How People Get Charged with Selling Drugs?
People are arrested often selling small amounts of drugs such as marijuana, cocaine, or prescription pills like xanax or hydrocodone. Most people accused are normally users themselves.
Many arrests are through confidential police informants (generally someone facing drug charges themselves). Generally, the confidential informant (CI) arrainges a sale that is observed by the police. The CI does this in order to work off a case. Other arrests occur in places like schools when one student is accused of bringing and sharing their parent’s prescription pills.
Will I face State or Federal Prosecution?
Selling drugs can either be prosecuted by the Federal or State authorities. The rules of procedure are very different in State and Federal Court. This blog mainly focuses on the prosecution of state drug trafficking cases. Generally, the Feds only prosecute cases involving large quantities of illegal substances. If you have been arrested with a personal amount of drugs, you will most likely be looking at a State case.
The Law on Possession with Intent to Distribute is Contained in the Texas Controlled Substances Act:
When law enforcement charges someone with selling drugs instead of just possessing, the charge acts to enhance the original charge by one degree. For example, someone charged with possession of less than 1 gram of cocaine with intent to distribute is facing 3rd degree felony charges. For example: There four catagories of felonies. Those catagories are: State Jail Felonies, 3rd Degree Felonies, 2nd Degree Felonies, and 1st Dergee Felonies.
Possession of a controlled substance, less than a gram is a State Jail Felony. However, is you add the intent to distribute, the offense is punishable as a 3rd Degree Felony
Here’s another example:
Possession of between 80 and 400 tablets of LSD = 2nd Degree Felony + intent to distribute = 1st Degree Felony.
What to Do if You’re Charged with Possession and or With Intent to Deliver?
Other than possession marijuanna, most possession charges will be filed as a felony. The enhancements can and often do turn what might normally be a possession drug charge into a felony where a lengthy prison sentence is a possible outcome. Often times the State will charge someone with intent to deliver when the case should have been a simple possession case. It is a very common practice for a DA to over charge an individual in order to get the individual to plea to a lessor charge.
Conviction for any violation of the Controlled Substances Act will result in a suspension of your Texas Drivers License. However, you can obtain an occupational drivers license.
If you are being charged with or investigated for selling, or possessing drugs, you must have competent counsel. It would not be advisable to speak or cooperate with law enforcement without consulting with an experianced attorney.