Drug Trafficking Charges: You Don’t Have to be Dealing or Selling Drugs
If you are arrested for a drug charge, you may be surprised to learn that you are being charged by the state not just with possession of a controlled or illegal substance but with trafficking.
This may seem odd to you—you had no intention to sell or deal in illegal drugs and know nothing about it. So, how are you being charged with drug trafficking?
Read on as our experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams explains more.
Intent to Sell or Distribute
This can be confusing for those arrested on drug charges because trafficking implies or suggests that you not only have an illegal substance but that you have it with the intention to distribute it (which may but doesn’t have to include selling it for money).
Making it even harder to understand for those charged with trafficking is that many who are charged with the crime may not have any evidence that they ever intended to sell or distribute anything—they have no potential buyers or sellers, have never made money from selling illegal drugs, and have no equipment, like drug paraphernalia, that would indicate any intention to distribute drugs.
The Amount is What Counts
The confusion comes from the fact that you can be charged with drug trafficking even with no intent to actually traffic because the intent is presumed based on the amount of the controlled or illegal substance that you have in your possession.
In other words, if you are caught with more than a certain amount of a controlled substance (the amount depends on the substance), the law assumes that you are dealing or trafficking in it—even if you aren’t, and even if there is no other evidence to demonstrate that you are doing so.
You also can be charged with trafficking if you are found with drug paraphernalia—that is, items that are traditionally associated with the dealing of drugs. This may include things like scales or baggies.
Penalties and Federal Charges
Drug trafficking is more serious and thus carries higher penalties than drug possession. If you are arrested for possessing what are known as schedule I, II, or III controlled substances, the potential penalties are higher.
If you are arrested with enough of a controlled substance, you may even be charged with federal drug trafficking, which is enforced by the Federal Drug Enforcement Agency or DEA. Often, the federal government will step in and file federal charges if you have a significant amount of a controlled substance or if you are engaged in the trafficking of drugs that goes across state lines.
Motions to Suppress and Ownership
Note that in many trafficking cases, the state’s case relies on the drugs themselves—they are crucial Evidence in the state’s case.
But many times, illegal narcotics and controlled substances are found by law enforcement because of illegal or unconstitutional searches and seizures. Often, a criminal defense attorney can ask a court to throw out Evidence of the narcotics found by filing a Motion to Suppress Evidence on the basis of illegal searches and seizures.
Additionally, sometimes someone is found with drugs in their possession that do not belong to them. The state must prove, beyond a reasonable doubt, that any narcotics found in connection with a trafficking charge actually belonged to you if you were the one arrested and charged.
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our “Contact Us” page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.