Raleigh Drug Crimes Attorney

Defense for Possession With Intent to Sell or Deliver


Raleigh Drug Dealing Defense Attorney | Dewey Brinkley LawDrug laws in North Carolina can be exceedingly harsh, and those convicted of drug crimes can be facing harsh fines and imprisonment, depending on the type of drug and quantity. To curve drug usage in Raleigh and throughout Wake County, law enforcement and state prosecutors aggressively investigate and pursue individuals charged with possession with the intent to sell or deliver. Often, these charges result in a felony offense.

If you’ve been charged with possession with the intent to distribute, you need to contact a prominent Raleigh drug crimes attorney to help build a strong defense and fight for a favorable outcome. Contact the Law Office of Dewey P. Brinkley today for a free consultation regarding your charges.

Proving Intent to Distribute

Possession with intent to distribute is a two-pronged offense. In other words, for this charge to stick, prosecutors have to prove that you possessed a controlled substance and that you intended to distribute that controlled substance, whether in exchange for cash or other gifts. During a criminal case in Wake County courts, the prosecution has the burden of proof against both charges.

  • Possession — To prove possession, the prosecution must show that the controlled substances (whether marijuana, cocaine, heroin, ecstasy, or any other Schedule I – V controlled substance) were in your control and that you knew that drugs were present.
  • Intent to Distribute — To prove the element of intent, the prosecution must use the surrounding circumstances to show that you were planning to distribute the drugs in one way or another. For example, the prosecution can argue that you were in possession of more drugs than needed for personal use; or, if the drugs were already separated in individual, sellable baggies, the prosecution can argue that you had prepared to sell the drugs.

Keep in mind that the federal government is very severe and strict when it comes to interstate trafficking. Wake County is just a few hours from Virginia, and if you are caught trafficking across state lines, then you could face distribution charges in Federal Courts.

Penalties for Possession With Intent to Distribute in North Carolina

Like with most drug crimes, the penalties associated with an alleged offense depend on the circumstances, the type and quantity of the drug, and prior convictions. The North Carolina law governing the intent to distribute charge is G.S. § 90-95, and according to the law, individuals convicted of possessing with intent to distribute a Schedule I or II drug may be facing a Class H felony.

Possible Defense for Intent to Distribute

Because the prosecution cannot reach into the defendant’s mind, they often need to use circumstances to prove intent to distribute. As such, there are many defense options from a legal perspective. Some of these options can include:

  • Motion to suppress evidence — Every U.S. Citizen has the right to be free of illegal search and seizure, and if law enforcement found the drugs without a proper warrant, procedures, or exigent circumstances, then that evidence should be suppressed in court.
  • Lack of possession — Showing to the court that the defendant did not have knowledge of the presence of the drugs
  • No intent to sell the drugs — Imagine a cocaine user who wants to limit his/her usage to one gram a day. In this case, putting the drugs in individual baggies is not an intent to sell but an intent to curb personal usage. This is just one of many defenses to challenge the intent to distribute element.

Contact Raleigh Criminal Defense Attorney Dewey Brinkley Today

Being arrested on drug charges in North Carolina can be a frightening experience, especially if you are facing the prospect of imprisonment and the life-long consequences of being a felon. With the help of Raleigh drug attorney Dewey Brinkley, we can ensure a full-service criminal defense that challenges the prosecution’s narrative and evidence from every angle.

We’ll relentlessly and aggressively protect your rights and fight for your interests, and we will work with you, one-on-one, to make sure that you’re fully informed along every step of the way. For a free consultation with attorney Brinkley, call our Raleigh law office today at (919) 832-0307.