Drug Possession vs. Intent to Deliver: Why Prosecutors Overcharge
Many defendants are shocked to learn they are charged with intent to deliver rather than simple possession. This distinction dramatically increases penalties, even when no sales occurred.
How Prosecutors Infer “Intent”
Intent is often inferred from circumstantial factors such as:
Quantity
Packaging
Cash
Alleged statements
These factors do not automatically prove distribution, but they are commonly used to justify harsher charges.
Why Overcharging Happens
Prosecutors may overcharge to gain leverage in negotiations or to secure harsher bail conditions. Overcharging does not mean the case is strong.
Challenging Intent Allegations
Effective defense focuses on:
Alternative explanations
Lack of distribution evidence
Credibility of police assumptions & informants
Reducing charges can significantly alter sentencing exposure.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.