When a simple charge suddenly looks like a felony
Drug arrests in Alabama often start with a traffic stop, a roommate dispute, or a knock at the door. What many people don't expect is how fast a simple possession allegation can be escalated to possession with intent to distribute-a felony with far tougher penalties. At Christopher D. Salter, P.C. in Foley, we help clients across Baldwin County understand how these charging decisions are made, what evidence matters, and how to push back before "intent" becomes a conviction.
Definitions in plain English
Possession means the state claims you knowingly had a controlled substance. Possession can be:
- Actual possession: drugs found on your person (in your pocket, backpack you're wearing).
- Constructive possession:
drugs not on you, but the state claims you had knowledge
of them and control
over where they were (e.g., in your car's center console or your bedroom closet).
Possession with intent to distribute means prosecutors claim you planned to sell, deliver, or share the drugs-not just possess for personal use. They don't need to catch a sale in progress; they infer intent from the circumstances.
Trafficking is different. It's often triggered by weight thresholds that carry severe mandatory penalties. You can face trafficking even without proof of an actual sale. (If your case involves alleged thresholds, talk to a lawyer immediately.)
Why the difference matters: legal, financial, and personal fallout
- Felony exposure: Intent-to-distribute charges are felonies with higher sentencing ranges, longer probation, and stricter conditions than simple possession.
- Mandatory conditions: Expect more aggressive bond terms, drug testing, and potential ignition interlock if DUI drugs are involved elsewhere in your life.
- Collateral damage: A felony drug record threatens employment, housing, immigration status, financial aid, and professional licenses.
- Driver's license & vehicles: Drug convictions can ripple into license and vehicle consequences; forfeiture is possible if the state claims a car was used in distribution.
- Future leverage: A felony conviction limits options later (for example, fewer paths to record clearing compared with outcomes like dismissal or reduced charges).
How police and prosecutors infer "intent": the main factors
Officers and DAs rarely rely on a single datapoint. They look at totality of circumstances. Key indicators include:
1) Quantity and form
- Larger amounts suggest more than personal use. Prosecutors will compare the amount to typical user quantities.
- Drug form and purity:
Crystals, rocks, or powders packaged for "retail" sale may be argued as dealer quantities.
2) Packaging and paraphernalia
- Multiple baggies, heat-sealed packets, or small bindles point toward resale.
- Scales, scoop spoons, and cutting agents are presented as distribution tools.
- Vacuum sealers
and unused packaging materials are often cited as evidence of intent.
3) Cash and transaction indicators
- Large amounts of cash, especially in small denominations or rubber-banded stacks, raise flags.
- Ledgers, pay-owe sheets, or notes with amounts and initials are used to argue sales.
- Messages(texts, DMs) that look like orders or pricing can become central exhibits.
4) Weapons and security
- Firearms found near drugs or cash are often characterized as "tools of the trade," increasing the perceived risk and seriousness.
- Cameras
or doorbell systems aimed at the street may be painted as lookout tools (even when common for home security).
5) Circumstances of the stop or search
- Frequent short-stay visitors to a residence, "hand-to-hand" observations, or controlled buys are used to justify intent.
- Traffic stops
where items are in plain view or where a K-9 alert occurs often drive probable cause findings.
6) Statements and admissions
- Anything you say
can be used to bridge the gap from possession to intent. Even casual comments ("I was holding for a friend") can be spun against you.
Bottom line: The state stitches small threads into a larger narrative. Your defense must carefully pull those threads apart.
Step-by-step: What to do after a possession or "intent" arrest
- Protect your right to remain silent. Provide basic ID. Do not explain the situation or consent to "quick chats."
- Do not consent to further searches. If officers ask, say, "I do not consent." Don't interfere-just be clear.
- Write down what happened. Note times, locations (Highway 59, Foley Beach Express, apartment complex), what officers said, and who was present.
- List witnesses and cameras. Business security video and home cameras overwrite quickly. We can send preservation requests.
- Preserve your phone data. Export texts/photos that show legitimate cash sources or non-drug use of scales (e.g., kitchen/fitness).
- Track property and vehicles. If your car or cash was seized, get the paperwork to us immediately; forfeiture deadlines are strict.
- Call a local defense lawyer early. We request body-cam, dash-cam, K-9 records, lab reports, and warrant affidavits-evidence that often changes the case's direction.
Common Baldwin County scenarios (and how they're argued)
Shared car, passenger's backpack
Police find pills in a backpack in the back seat. Prosecution theory:
driver knew and exerted control (constructive possession); multiple baggies + cash suggest intent.
Defense angle:
no fingerprints or statements tying driver to the bag; other passenger admitted ownership; no driver drug use signs; no texts indicating sales.
Roommates and a locked bedroom
Drugs located in a locked room that belongs to a roommate. Prosecution theory:
house shows "dealer indicators" (scales, baggies in common area); everyone had access.
Defense angle:
access and control were limited; locked room and personal mail establish exclusive possession by the roommate; our client's area is clean; no forensic tie.
"Personal use" weight with scale
Small amount plus a digital scale in the kitchen. Prosecution theory:
scale = distribution tool.
Defense angle:
scale used for fitness/meal prep; receipts, food logs, or photos corroborate; no baggies, no cash stacks, no sales messages.
Cash business explained
Client carries cash from roofing/landscaping side jobs. Prosecution theory:
cash bundles = drug proceeds.
Defense angle:
invoices, texts with clients, bank deposits, and photos of work corroborate legitimate cash sources.
Borderline threshold / trafficking risk
Weight is close to a statutory threshold. Prosecution theory:
over the line = trafficking.
Defense angle:
challenge lab weights (calibration, chain of custody), purity, and aggregation of containers; suppress unlawfully seized evidence to drop below threshold or exclude entirely.
Issues clients often face
- Constructive possession confusion:"If it's in the car, it's mine?" Not necessarily. The state must show knowledge and control-two elements we attack with facts.
- K-9 alerts and "consent": Clients feel pressured and say "okay" to a search. We examine the stop's length, the dog's reliability, and whether consent was voluntary.
- Search warrants with thin affidavits: Boilerplate language, anonymous tips without corroboration, or stale info can doom a warrant.
- Group arrests: When multiple people are present, police sometimes "charge everyone." Sorting control and knowledge is critical.
- Phone extractions: Messages are often taken out of context. We fight scope, authenticity, and interpretation.
- Civil forfeiture: Vehicles and cash can be seized even without a conviction. Fast action is needed to contest forfeiture.
Defense strategies that move the needle
Attack the stop and search
If the initial stop, detention length, or search was unlawful, key evidence can be suppressed. No drugs, no "intent."
Challenge possession and control
We separate you from the location or container: rideshare logs, doorbell footage, roommate testimony, and fingerprints (or lack of them) help dismantle constructive possession claims.
Reframe "dealer indicators"
Show legitimate explanations for scales, baggies (food storage), or cash (cash-heavy work). Demonstrate absence of classic distribution markers (no ledgers, no sales texts).
Forensics and lab work
Demand calibration records, chain-of-custody documentation, and retesting when appropriate. Contest purity assumptions and weight calculations, especially near threshold lines.
Negotiation leverage
Where dismissal isn't likely, we press for reductions(from intent to simple possession) and program-based outcomes, emphasizing rehabilitation, employment, and community ties. For first-time defendants, this can be decisive.
How Christopher D. Salter, P.C. helps (and why timing matters)
- Rapid evidence preservation: We move immediately for body-cam/dash-cam, 911 calls, surveillance, K-9 logs, and lab files.
- Fourth & Fifth Amendment motion practice: Our pleadings target illegal stops, prolonged detentions, defective warrants, and coerced statements.
- Narrative building: We present your employment, family obligations, and clean history to counter the state's "dealer" storyline.
- Forfeiture defense: We challenge vehicle and cash seizures and pursue return of property.
- Local court experience: We regularly appear in municipal, district, and circuit courts across Baldwin County, understanding how different courthouses and prosecutors evaluate "intent."
Early involvement often means the difference between a felony with long-term damage and an outcome you can live with.
Don't let "intent" be assumed for you
If you or a loved one was arrested in Baldwin County for possession or possession with intent to distribute, talk to a lawyer who knows how these cases are built-and how to take them apart. Contact Christopher D. Salter, P.C. for a confidential consultation. We'll review your reports, map the defenses, and move quickly to protect your rights, record, and future.
