Persons facing an intent to distribute charge can face penalties under the Texas Controlled Substances Act. A person can be charged with a drug trafficking crime if it can be proven that they knowingly intended to deliver illicit controlled substances that are defined in the Act.
Trafficking and distribution laws are charged as felonies, but the exact charge will depend primarily on the quantity and kind of drug that was involved.
Defending against an intent to distribute charge
A seasoned drug crimes defense attorney may be able to employ several possible defenses, depending on the facts of the case.
This may include a lack of knowledge that a person was involved in a scheme to distribute drugs. For example, a person may be asked to deliver a package to another person without having knowledge of the contents of that package. This might be the case when one friend does a “favor” for another.
Similarly, a “mistake of fact” defense can be used if a friend tells another that they are transporting a legal substance and the defendant does not know they were actually involved with an illegal substance.
An attorney may also try to employ duress as a defense. In cases like these, a defendant may have been forced to distribute illegal drugs under the threat of bodily harm if they did not cooperate.
The Law Office of Maverick Ray serves clients in Houston, Pasadena and other nearby Texas communities.