Intent to distribute means that a person is planning to sell drugs or controlled substances to others. There are multiple ways to be deemed “possession with intent to distribute” such as packaging material used to ship drugs or correspondence from customers referring to the sale of drugs.
Typically, in the state of Tennessee possession with the intent to distribute is a felony. Some punishments include performing community service, being put on probation, paying fines or spending time in prison. The amount of jail time faced depends on the kind of drug that is intended to distribute.
Simple possession means a person has drugs or a controlled substance that is illegal in their possession. In Tennessee possessing any amount of a controlled substance is illegal and the repercussions range from a misdemeanor to a felony all depending on the type and amount of drug the person possessed.
Simple Possession Charge
As stated above, simple possession is having a drug or controlled substance in your possession. This can be escalated to the charge of intent to distribute further into the trial. When being accused of simple possession the burden of proof is on the prosecutors, they have to have proof you were aware of the drugs in your possession.
Simple Possession Conviction Penalties
The consequences for simple possession range from a misdemeanor to a felony depending on the amount and type of drug in your possession. Penalties can include fines, probation, jail time, and possibly the forfeiture of property.
Possession With Intent to Distribute Charge
In order to be charged with intent to distribute the prosecution has to prove that you intended to distribute. This can be verified through text messages, Emails as well as products used to ship drugs. This charge is proven through the investigating officer's report and the evidence found that would prove the suspect guilty.
Possession with intent To Distribute Penalties
In Tennessee, facing charges of possession with intent is the more serious offense of the two, suggesting an alleged intent to sell, distribute, or manufacture drugs. This categorization escalates the crime to a felony, with potential consequences such as fines, community service, probation or prison time. The severity of the punishment will depend on the type of drug and amount that was possessed.
Who Decides Which Drug Charge I Will Receive?
A simple possession charge can be elevated to a possession with intent to distribute charge after the district attorney reviews the case. The escalation can depend on the investigating officer’s report and evidence. Some district attorneys will choose to start with a more severe charge due to the fact they have the ability to fall back on the lesser charge if there is not enough sustainable evidence to prove there was an intent to distribute. Overall, the district attorney is the deciding factor as to what charge you will receive, not the investigating officer.
Get Help from a Tennessee Defense Lawyer
The penalties associated with drugs can be harsh which typically depends on the classification of the controlled substance, quantity of the drug as well as the suspect's criminal history. Some tips for navigating the Tennessee legal system are:
- Don't talk to the police without a lawyer present,
- Make sure you understand your rights,
- Be honest with your lawyer and
- Always consider your options throughout the whole process
When you put your trust into a drug crime attorney like The Law Offices of Douglas K. Dennis you can rest assured that your case is in good hands. We will not only defend your current accusation, and help you prove your innocence, we will also gather evidence proving that your rights were violated during the search and seizure or arrest while we also try to negotiate a deal to keep your criminal record clean. Give us a call at (931) 528-3684 or visit us online today to schedule your free consultation.
