Defending Against Drug Crime Charges Involving Intent
When prosecutors bring drug crime charges involving intent, they’re making a serious accusation. Unlike charges for possession alone, these allegations come with heavier penalties and often carry mandatory prison time under Ohio law. Prosecutors must show that the person not only had illegal substances but also planned to sell, distribute, or manufacture them.
If you're facing this kind of charge, you're dealing with a case where the stakes are high, and the outcome can affect every part of your life. Wolfe & Mote Law Group, LLC, in Columbus, Ohio, can assist your case by using our experience and knowledge of drug crime law.
What Prosecutors Need To Prove
Drug crime charges tied to intent usually fall under categories like possession with intent to distribute, drug trafficking, or manufacturing. Each of these involves more than simply having a controlled substance. Prosecutors must prove certain elements, such as:
The person had actual or constructive possession of the drug
The quantity or packaging suggested future sale or delivery
Tools or paraphernalia found near the drugs supported an intent to distribute
Communications or conduct indicated plans to sell or produce drugs
This means prosecutors aren’t just relying on what was found—they’re trying to interpret behavior and draw conclusions from indirect evidence. That’s where strong defense work comes in.
Types Of Evidence Prosecutors Use
To build a case around intent, prosecutors often combine physical evidence with statements or surveillance. Common examples include:
Large quantities of drugs that exceed personal use
Scales, baggies, or cutting agents found with the drugs
Cash, especially in small denominations
Text messages, emails, or call logs showing coordination
Testimony from informants or co-defendants
Each of these items can be challenged in court. Some may have legal uses, others may have been planted or misidentified. Just because something appears suspicious doesn’t mean it proves criminal intent.
How Ohio Classifies Controlled Substances
Ohio law classifies controlled substances into schedules, from Schedule I to Schedule V. Schedule I drugs, like heroin and LSD, are considered the most dangerous, with no accepted medical use. Schedule V drugs have a lower potential for abuse.
The schedule of the drug involved can affect both the charge and the sentence. For example, intent to distribute a Schedule I substance is punished more harshly than a lower-level drug. It's also more likely to involve federal attention if the quantities are large or cross state lines.
Knowing how the law treats each category of drug can help shape how the defense addresses the charge.
How Intent Can Be Misinterpreted
Many people charged with intent-based drug crimes had no actual plan to sell or share drugs. Prosecutors sometimes jump to conclusions based on quantity or association.
For example:
A person might have a larger amount of a drug due to addiction, not distribution
Items like scales or baggies might be used for personal use, not for sale
Texts taken out of context may appear incriminating, but actually relate to legal activity
When these types of assumptions are challenged, the prosecution’s narrative can start to break down. That’s why it's important to examine each piece of evidence for what it shows—not what it might suggest.
Search and Seizure Issues
Many drug crime cases begin with a traffic stop, search warrant, or other form of law enforcement contact. When officers overstep boundaries or fail to follow procedure, the entire case can be affected.
Key legal questions in this area include:
Was the traffic stop lawful, or was it based on a pretext?
Did the officer have probable cause for the search?
Was the warrant supported by accurate information?
Were the person’s rights violated during arrest or questioning?
If the defense can show that a search or seizure was unlawful, some or all of the evidence may be suppressed. That often leaves prosecutors without the tools they need to continue.
Statements Made To Police
When someone is stopped or arrested, officers often ask questions before informing them of their rights. People may feel pressured to answer, even if they haven’t been formally charged.
In many drug crime cases, statements made in those first few minutes are later used to support a claim of intent. A person may say something ambiguous or unguarded, which is later portrayed as incriminating.
This is why it’s important to know that you don’t have to answer questions—and why statements made without an attorney present should be reviewed carefully during the defense process.
Challenging Informant Testimony
In cases involving alleged drug sales or trafficking, prosecutors may rely on confidential informants. These are usually individuals who face charges themselves and provide information in exchange for leniency.
Informants aren't always reliable. Their motives are often self-serving, and they may exaggerate or fabricate details to benefit their own case.
A criminal defense attorney can challenge these statements by:
Examining the informant’s criminal history
Requesting details about any deal they received
Comparing their claims to physical evidence
Highlighting inconsistencies in their story
If the informant is the primary source of the accusation, credibility becomes a central issue at trial.
Constructive Possession Claims
Intent charges often rely on a legal concept called constructive possession. This means the drugs weren’t found on the person, but in a place they had control over—like a car, apartment, or storage unit.
Prosecutors may argue that someone “must have known” about the drugs because of their access to the location. But access alone isn’t enough. The defense can argue:
Others had access to the same area
There’s no proof the accused knew the drugs were there
No fingerprints, DNA, or other direct links exist
These arguments are especially strong when several people were present or had joint access to the property.
The Importance Of Lab Testing
Another key issue in defending against a drug crime charge is verifying the substance itself. Law enforcement may initially claim something is illegal based on appearance or field tests. But these tests aren't always accurate.
Your Defense attorney may request:
A whole lab analysis to confirm the identity and purity of the substance
Documentation showing the chain of custody was preserved
Re-testing by an independent laboratory, if appropriate
If the substance is misidentified or the process was flawed, the charge can be reduced or dismissed.
Sentencing Factors and Prior Convictions
When someone is convicted of a drug crime involving intent, sentencing depends on several factors:
The amount and schedule of the substance
Whether weapons were found nearby
Any prior criminal record, especially drug-related
Whether the offense occurred near a school or a youth center
Ohio law allows for enhancements if certain conditions are met. These enhancements can significantly increase the prison sentence, even for a first-time offense.
That’s why it's critical to address each of these factors before sentencing. Early preparation can impact the final outcome.
How a Defense Attorney Challenges Intent-Based Charges
An effective defense in these cases focuses on breaking the prosecution’s claim about what the person intended to do. Key defense strategies may include:
Arguing a lack of intent or knowledge
Suppressing improperly obtained evidence
Questioning the reliability of witnesses or informants
Pointing to addiction or medical use, rather than sale
Challenging constructive possession claims
Each of these defenses must be supported by facts. The sooner a defense attorney gets involved, the more time they have to investigate and build the strongest case possible.
Plea Discussions and Trial Strategy
In some situations, the defense may recommend negotiating a plea to a lesser offense. This may be appropriate when the evidence is strong, but the client wants to avoid mandatory prison time.
Plea negotiations can focus on reducing the charge from a felony to a misdemeanor, removing sentencing enhancements, or agreeing to treatment in place of incarceration.
In other cases, going to trial may be the better route—especially when the prosecution’s case is built on assumptions or weak evidence. A jury must be convinced beyond a reasonable doubt that the person intended to sell or distribute drugs, and that’s not always easy to prove.
Drug Treatment Courts as an Option
Some courts offer treatment court programs for individuals charged with drug-related offenses. These programs focus on recovery rather than punishment and may allow the charge to be dismissed upon successful completion.
However, treatment courts are usually reserved for lower-level charges and first-time offenders. Cases involving large quantities or weapons may not qualify. Still, where available, this option can reduce legal exposure and support long-term rehabilitation.
Immigration Impacts of a Drug Crime Conviction
For non-citizens, a drug crime conviction can result in immigration consequences. Even a plea to a reduced offense may lead to removal proceedings or denial of legal status.
Immigration status should always be considered before entering a plea or accepting sentencing terms. This requires coordination with legal counsel familiar with both criminal law and immigration consequences.
Reach Out Today
At Wolfe & Mote Law Group, LLC, their defense team represents clients in Columbus, Ohio, and the surrounding areas of Dublin, Westerville, Gahanna, Hilliard, Licking County, Fairfield County, and Delaware County. Call today.