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Possession with Intent to Distribute

Dallas Possession with Intent to Distribute Defense Attorney

Federal drug prosecutions often begin quietly. A search warrant is served, an arrest is made, or investigators show up at a workplace or home with questions. What follows moves quickly. The government treats every quantity of a controlled substance as evidence of distribution, often drawing conclusions that go far beyond the facts.

At Law Office of Patrick J. McLain, PLLC, we bring order to that chaos. Our defense team knows how these cases are built, how evidence is stretched, and how to counter government tactics. Under the direction of Patrick J. McLain, a former federal prosecutor and military judge, we provide focused, disciplined representation when the stakes are highest.

Do not wait for the government to decide your future. Call (214) 238-9392 or reach out online to schedule a free consultation with determined Dallas defense lawyers.

Where Federal Drug Investigations Begin & How They Escalate

Most federal drug cases originate from coordinated efforts between agencies such as the DEA, FBI, and local narcotics units. These task forces operate under joint warrants, surveillance programs, and confidential informants. A single traffic stop or intercepted message can trigger an investigation that expands across multiple jurisdictions.

Prosecutors often build these cases on surveillance summaries or informant claims long before a defendant learns that an investigation exists. By the time charges are filed, evidence has been collected, tested, and organized to portray guilt.

Law Office of Patrick J. McLain, PLLC intervenes to slow that process. We examine the source of every piece of evidence and challenge whether agents followed federal procedure when obtaining it. Federal power has limits, and our role is to ensure those limits are enforced.

How Law Office of Patrick J. McLain, PLLC Establishes Control Over the Evidence

Every possession-with-intent case turns on the integrity of the evidence. From the moment we are retained, our attorneys conduct a full technical and procedural review. We do not accept law enforcement’s version of events at face value.

Our process includes:

  • Evaluating search warrants for inaccuracies or unsupported statements
  • Verifying laboratory results and chain-of-custody documentation
  • Reviewing financial and communication data for misinterpretation
  • Identifying whether informant testimony has been incentivized or altered

This method ensures that weak or tainted evidence is exposed before trial. Federal prosecutors rely heavily on perception. We rely on proof.

A Defense Team Built on Federal Insight & Proven Leadership

At Law Office of Patrick J. McLain, PLLC, strong defense work starts with strong leadership. Attorney Patrick J. McLain’s background as a former federal prosecutor and Marine Corps judge shapes the way our entire team approaches federal drug cases. His decades in the Department of Justice and the military courts set a standard of precision and accountability that guides every attorney in the firm.

Working under that framework, our defense team evaluates each case with the same discipline used in federal investigations. We anticipate prosecutorial tactics, identify procedural flaws others overlook, and prepare each matter with full command of the facts. This combination of collective experience and tested leadership allows us to deliver representation that is both strategic and unwavering from start to finish.

Watch our short video to see what drives our attorneys to join a firm that refuses to back down when the government overreaches:

Building a Strategic Defense in Federal Drug Distribution Cases

No two drug cases follow the same path. Some hinge on traffic stops and roadside searches. Others involve confidential informants or wiretaps. The defense must adapt to the specific mechanics of each investigation.

Law Office of Patrick J. McLain, PLLC constructs defenses that respond directly to the government’s theory of the case. This may include:

  • Arguing that the defendant did not exercise control over the seized drugs (constructive possession)
  • Challenging the legality of the stop, search, or warrant execution
  • Disputing how quantity was measured and whether it supports a distribution inference
  • Questioning the credibility of cooperating witnesses or informants
  • Seeking sentence reductions through accurate guideline calculations and mitigation evidence

The objective is not delay, but precision. Each action is taken to weaken the foundation of the government’s narrative and give the client the opportunity for the most favorable resolution possible.

Reclaiming Stability After a Federal Drug Charge

A possession-with-intent charge disrupts far more than daily life. Careers stall, families feel the strain, and financial stability can vanish overnight. The fear of prison time and a permanent record can make the future seem unreachable.

Law Office of Patrick J. McLain, PLLC helps clients move from uncertainty to direction. We ensure that every client understands what lies ahead, what choices exist, and what actions can make a difference right now. Our attorneys handle the legal complexity so clients can focus on regaining their footing and preparing for what comes next.

Why Clients Choose Law Office of Patrick J. McLain, PLLC for Federal Drug Defense

Those facing federal narcotics charges need more than representation; they need structure, information, and a defense that moves with purpose. Law Office of Patrick J. McLain, PLLC delivers that through:

  • Immediate response to federal investigations and arrests
  • Direct communication with lead attorneys throughout the case
  • Access to investigators, analysts, and consultants who strengthen defense preparation
  • A disciplined process informed by decades in federal courts
  • Continuous client updates and transparent case strategies
  • Detailed evidence challenges built on fact, not assumption

Understanding Federal Possession with Intent Charges (21 U.S.C. § 841)

Under federal law, possessing a controlled substance can rise to a distribution offense when prosecutors believe there was intent to sell, share, or transport the material. That intent is not proven through a single act but inferred from the surrounding circumstances.

Agents and prosecutors often rely on:

  • The amount of drugs allegedly seized
  • Packaging materials or digital communications suggesting distribution
  • Statements made during arrest or interrogation
  • The presence of cash, scales, or ledgers

Each of these elements is open to interpretation. Federal investigators may claim that quantity alone proves distribution, yet in many cases, evidence shows personal use or misidentification. Law Office of Patrick J. McLain, PLLC examines every assumption the government makes and exposes where those assumptions exceed the facts.

Frequently Asked Questions

What must prosecutors prove in a possession with intent to distribute case?

They must show that the defendant knowingly possessed a controlled substance and intended to distribute it. That intent is usually inferred from the amount, packaging, or surrounding evidence. A defense attorney can test whether those inferences are justified.

Does quantity alone prove intent to distribute?

No. Quantity can suggest intent but does not prove it. Many cases involve personal-use amounts that prosecutors overstate. The defense can use expert analysis and context to demonstrate alternative explanations.

Can I be charged if the drugs were found in a shared space?

Yes, but shared access complicates proof. The government must establish that you had control or authority over the drugs. Constructive possession arguments often fail when multiple people could have had access.

What are the potential penalties under 21 U.S.C. § 841?

Penalties vary based on drug type and weight. Convictions can lead to lengthy prison sentences, fines, and supervised release. Mandatory minimums may apply, but plea negotiations and guideline challenges can significantly reduce exposure.

Act now to defend against possession with intent to distribute charges. Call (214) 238-9392 or reach out online to arrange a free consultation.

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    “Mr. Patrick McLain equals instant and good results for you. Hiring Mr. Patrick McLain is the best decision I had made throughout my military career.”
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  • “A Marine through and through. He is dedicated to taking care of his clients.”
    “He is an excellent lawyer who gives his all for you and gets things done. He has a no-nonsense approach that gets you results.”
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    Patrick saved my career and my life by proxy, he did everything and more you would HOPE for from a lawyer. Patrick is what you need if you want to win your case!
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    “Patrick has truly become a good friend and if anyone needs an attorney that will stand with you during your time of trouble, look no further. Patrick J. Mclain is this man.”
    - Child Abuse Client

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  • Former Federal Prosecutor & Military Judge
    Attorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
  • Over 3,500 Cases Successfully Handled
    Patrick J. McLain has helped thousands secure a better future with tenacious representation.
  • Our Firm is Top-Rated & Award-Winning
    Attorney Patrick J. McLain is widely respected by his peers & clients as seen by his numerous accolades.
  • Over Two Decades in the U.S. Marine Corps
    Attorney Patrick J. McLain tries all of his cases with integrity and unparalleled work ethic.