How Do Police Determine Your Intent to Distribute?

In this article: Learn how police determine intent to distribute and what evidence can lead to serious drug charges in Tampa. Know your rights and legal options.
Crime Lab Drug Test

If you’ve been arrested in Tampa and police found drugs in your possession, you could be facing more than just a simple possession charge. Depending on the circumstances, the prosecution may pursue charges for possession with intent to distribute—a far more serious offense under Florida law that can carry years or even decades in prison.

This article breaks down how law enforcement determines whether someone intends to distribute drugs, the types of evidence they rely on, and how the Matassini Law Firm can help defend your rights if you’re facing drug charges in Florida.

Understanding Drug Charges in Florida

In Florida, there are four main categories of drug offenses, each carrying different legal consequences:

  • Simple possession
  • Possession with intent to distribute
  • Actual distribution (sale or delivery)
  • Drug trafficking

While simple possession of controlled substances like cocaine, heroin, MDMA, or methamphetamine is typically a third-degree felony punishable by up to five years in prison, a charge of intent to distribute elevates the case significantly. Depending on the substance and quantity, penalties may increase to 15 years or more, and in some trafficking cases, potentially life in prison.

What Police Look for When Determining Intent to Distribute

Unlike trafficking, which depends mostly on the weight or quantity of the substance, intent to distribute is based on circumstantial evidence. Law enforcement doesn’t need to witness a drug sale to file these charges. Instead, they rely on the totality of the evidence found during the arrest or investigation.

Common indicators include:

  • Quantities larger than what is considered personal use
  • Packaging materials like plastic baggies or wraps
  • Digital scales or other weighing tools
  • Large amounts of cash, especially in small denominations
  • Text messages, call logs, or social media messages referencing sales
  • Statements or confessions made during questioning

Remember that none of these items alone proves guilt, but prosecutors often try to combine them to paint a picture of criminal intent. That’s why speaking with a qualified criminal defense attorney in Tampa as early as possible is critical.

The Government Must Prove Intent to Distribute

In Florida, the prosecution has the burden of proof. To convict someone of possession with intent to distribute, they must demonstrate beyond a reasonable doubt that the person not only had control over the drug but also planned to sell or deliver it. Proving this is often more difficult than proving simple possession, as it requires interpreting circumstantial evidence.

At the Matassini Law Firm, we have successfully helped clients get serious distribution charges reduced to possession or even dismissed entirely. Our team thoroughly reviews every detail of the arrest, including how evidence was gathered, whether the search was lawful, and whether the prosecution’s assumptions hold up in court.

If you’ve been charged with possession with intent to distribute in Tampa, don’t delay. Contact our office for a free consultation today.

Common Defenses to Intent to Distribute Charges

A strong legal defense can make a significant difference in the outcome of your case. Common defenses we may raise include:

  • Illegal search and seizure
  • Lack of probable cause
  • Innocent explanations for items like baggies or cash
  • No evidence of actual distribution or intent
  • Misidentification or lack of possession

Each case is unique, and our attorneys work closely with clients to build the strongest defense possible based on the unique facts and circumstances of each case.

Arrested for Drug Charges in Tampa? We Can Help

At the Matassini Law Firm, defendants deserve a fair trial and a powerful defense. If you or someone you care about has been arrested for any type of drug charge in Tampa, including possession with intent to distribute, don’t face the legal system alone.

Let our experienced legal team protect your rights and fight to reduce or dismiss your charges. Call us at 813-680-3004 or online to schedule your free case review.

Conclusion: Don’t Let Intent to Distribute Charges Derail Your Life

Being charged with intent to distribute is serious. The difference between this and a simple possession charge could mean a short-term penalty and years behind bars. Prosecutors often rely on circumstantial evidence that a skilled defense attorney can challenge in court.

If you’ve been arrested in Tampa and are facing drug-related charges, take action immediately. Contact the Matassini Law Firm or call us directly at 813-680-3004. We’re here to defend your freedom and future.

Hear directly from our clients about how Matassini Law Firm stood by their side and delivered results when they needed it most. Read reviews ➜

Legal Disclaimer: Every case is unique, and past results do not guarantee future outcomes. This blog post is for informational purposes and does not constitute legal advice. To discuss your specific situation, please contact us directly.

Frequently Asked Questions