In Idaho, there are severe consequences for having an amount of a controlled substance that law enforcement determines is too much for personal use. You may be charged with intent to sell or distribute the drug, even if there is no actual evidence that you intend to sell or distribute it to anyone. The perception of law enforcement is the determinant of the charge brought against you. So, if you are arrested for drug possession with intent to distribute, you will need an experienced Idaho criminal defense lawyer to protect your rights!
Sawtooth Defense Lawyers are highly experienced in defending people against possession charges with intent to distribute.
If you have been charged with this crime, we can provide you with a free case review and advise you on your legal options.
Click to jump to content:
- How Is Intent To Distribute Determined?
- Is Possession With Intent To Distribute a Felony?
- What if I Face Possession With Intent To Distribute Charges?
How Is Intent To Distribute Determined?
Idaho laws against drug distribution and illegally transporting controlled substances into the state include severe punishments. Such laws for prosecuting professional drug dealers are too often applied to people who may be in possession of a drug merely for personal use. They can sometimes be inappropriately convicted of possession with intent to distribute and suffer extreme legal penalties, even including long prison sentences.
In drug possession cases, law enforcement and prosecutors have full discretionary authority to decide what quantity of the drug involved will escalate the charge(s) from mere possession up to possession with intent to sell or distribute.
That means, for example, that two different people arrested for possession of the same quantity of the same controlled substance can be charged with different levels of crime! One person may be charged simply with possession, and the other person may be charged with the much more serious crime of possession with intent to distribute.
Is Possession With Intent To Distribute a Felony?
Someone arrested for drug possession with intent to sell or distribute is typically charged with a felony that carries a potential prison sentence of up to 15 years and fines of up to $10,000. For marijuana, the sentence is of up to 5 years in prison and fines of up to $5,000.
Possessing a significant quantity of a controlled substance in the company of a minor child raises the level of the charge(s). Or, such possession within 1,000 feet of a school, playground, or other places where children are known to gather increases the level of the drug charge(s).
If you have been arrested for intent to sell or distribute a drug, you need to take the proper action to minimize your risk of conviction and to have your charges dropped or reduced. To accomplish that, you need an experienced Boise ID criminal defense attorney with a strong track record of success in representing people on the gamut of drug charges to build the best possible case for you.
What if I Face Possession With Intent To Distribute Charges?
At Sawtooth Defense Lawyers, we have decades of experience defending people in drug distribution cases and other serious drug charges. We work to negotiate with prosecutors to have charges dropped or reduced to eliminate the distribution charge, leaving just the misdemeanor charge of possession. In some cases, we can identify violations of search and seizure mandates and/or other requirements in arrest processes that can potentially result in getting all charges dismissed.