Circumstantial Evidence in Drug Distribution Cases

 Posted on June 08, 2025 in Criminal Defense

 Compared to simple possession charges, the penalties for drug distribution in Texas can be strict. This is partly a measure to crack down on the drug trade, as sellers are often viewed as part of a larger problem. However, do not assume that you are safe from distribution charges just because you were not arrested during a transaction. The police can use circumstantial evidence to charge you with possession with intent to deliver, which can come with serious punishments.

A Texas drug crimes defense lawyer can work with you to determine the best strategy for the charges you face. If the evidence against you is not strong enough, an attorney can argue to have the charges reduced or even dropped. At Magaña & Van Dyke, we can represent you in court for charges of possession with intent to deliver.

Can a Drug Stash Indicate Intent to Deliver?

When looking for evidence of intent to deliver, prosecutors may consider the amount of drugs seized. A stash of drugs may not mean anything by itself. However, an exceedingly large quantity of drugs could suggest the stash was not meant for personal use.

Keep in mind, drug distribution penalties increase with higher quantities of drugs. Depending on the amount of drugs seized by police, this could come with strict felony charges. If you have been accused of possession with intent to deliver, we can challenge the prosecution’s assumptions about what your intentions were. If the accusation is not grounded in hard facts, we could argue to have the charges reduced to mere possession.

Do Police Check Cell Phones in Drug Distribution Cases?

As part of a criminal investigation for possession with intent to deliver, police may search for proof of some kind of transaction. Your cell phone could be seized, and if the authorities find any text messages or voicemails that show that you planned to meet up with someone, those communications could be used against you. Even if you did not directly refer to drugs or a controlled substance, the prosecution could make an inference based on context.

Can Police Search My Home Without a Warrant?

In order to search your home or vehicle for drugs, police officers need a warrant. If law enforcement officers knock on your door without a warrant, you are under no obligation to let them in. The only exception to this rule is if there is evidence in plain sight, like a dime-bag of cocaine in the back seat of your car.

You have constitutional rights that protect you against unlawful search and seizure. At Magaña & Van Dyke, we can argue to uphold those rights in court.

Meet With a Cooke County, TX Drug Crime Defense Lawyer

Police do not need to witness a transaction to charge people with drug distribution. If you have been accused of possession with intent to deliver, you should seek legal representation immediately. At Magaña & Van Dyke, our Denton County, TX criminal defense attorney can represent you in court. Call us at 940-382-1976 to schedule a complimentary consultation.