Conspiracy to Possess With Intent to Distribute Drugs- Houston Criminal ...

When a person has been charged with "conspiracy to possess with intent to distribute" it is not just one offense he is fighting against: several different violations are involved. As one of the most frequently charged drug offenses, conspiracy to possess with the intent to distribute involves taking an active role in planning with others to possess or distribute an illegal controlled substance.

While possession of a controlled substance is difficult enough to battle anytime, the collaboration between two or more people in planning or executing the crime causes the addition of a conspiracy charge. The problem with a conspiracy charge is that there does not have to be an actual crime committed; prosecution only has to show the intent to commit a crime for the charges to stick.  For anyone facing any of these types of drug charges it is absolutely necessary to obtain experienced representation in order to protect your rights. There are many variations of cases involving controlled substances that make it difficult to find a common thread that one can rely on as a defense. An experienced lawyer will be familiar with how to handle such cases, and by examining other factors involving the case they can identify the weaknesses and perhaps have the charges reduced or even dismissed.

Unlike other drug charges, a conspiracy is merely about entering into an agreement to break the law. There are several factors that a prosecutor must prove in order to obtain a conviction. The government must prove two basic elements; first, that there was an agreement between two or more people to violate a federal drug law. Second, it must be shown that each alleged conspirator knew of the agreement and joined it.

Drug conspiracy charges are often leveled against individuals who possess drug paraphernalia, scales, baggies or a substantial amount of cash; although minor crimes in and of themselves, this evidence may be used by the prosecutor to argue the case that the intention was to distribute the drugs to another individual or party.
Even if an individual does not know who the other individuals involved in the alleged conspiracy are and has no knowledge of the details of the illegal scheme, he or she may become a member of the conspiracy. Willfully joining the unlawful scheme, even on only a single occasion can be sufficient for a conviction.

If you have been charged as a drug dealer or facing serious drug trafficking charges, you need an attorney who is proficient in federal drug law. Trust our experience: visit drug-trafficking-attorney.com or contact Richard Kuniansky at (713) 622-8333 for a free consultation.

If you have had a drug arrest and are subsequently found guilty of possessing or trafficking a controlled substance, the sentence can range from a fine and counseling to years of incarceration in prison. The factors determining the outcome depend upon the amount and kind of drug as well as the quality of your legal representation.

In Texas state court, felony drug cases are classified as first degree, second degree, third degree, and state jail felony. The first degree is the most serious and carries a maximum sentence of imprisonment for life.
Drug crimes are aggressively prosecuted in Texas. All too often individuals are convicted of a drug crime despite the fact that the state has little evidence to hold down the charge. In addition, the alleged offender’s constitutional rights may have been violated during the arrest, thereby nullifying the charges.