Drug Distribution Attorney in Bentonville

Serious Drug Distribution Charges Call For Focused Defense—We Are Ready

If you have been accused of selling drugs or possessing them with intent to deliver, you are facing some of the most serious criminal charges under Arkansas law. A conviction can mean prison time, heavy fines, and a felony record that follows you for life. In this situation, you need clear information and a plan, not more confusion.

My name is Cody W. Dowden, and I am a criminal defense lawyer based in Bentonville who defends people charged with drug distribution and other serious offenses throughout Northwest Arkansas. I know this is probably one of the most stressful moments you have ever faced, and you may be worried about your freedom, your job, and your family.

Before I opened my defense practice, I served as a Deputy Prosecuting Attorney. I now use that background, along with more than a decade of criminal defense experience, to anticipate how the State may build its case against you. I offer a free, confidential consultation so you can get immediate guidance about what comes next. My goal is to step in quickly, explain your options in plain language, and begin working on a strategy that fits your situation.

If you or a loved one has been arrested, do not wait for the state to build its case. Contact a drug distribution attorney in Bentonville today. I offer a free consultation, affordable fees, and payment plans to help you fight back. Call (479) 777-0640 or reach out online to protect your rights.

Understanding Drug Distribution Laws in Arkansas

Arkansas does not use the term "distribution" in its criminal statutes. Instead, the law focuses on two primary actions under the Uniform Controlled Substances Act (Arkansas Code § 5-64-421 through 440):

• Delivery of a Controlled Substance: This is the actual, constructive, or attempted transfer from one person to another of a controlled substance. It does not matter if money was exchanged; "sharing" a drug is legally considered delivery.
• Possession with Purpose to Deliver: You can be charged with a distribution-level crime even if you never sold a single gram. If you possess a specific quantity of a drug—such as more than 2 grams of methamphetamine or 14 grams of marijuana—the law allows the state to presume you intended to sell it.

The severity of the charge is dictated by the "Schedule" of the drug and its weight. Schedule I and II drugs (like Heroin, Fentanyl, and Cocaine) carry the harshest penalties, while Schedule VI (Marijuana) carries lower, yet still serious, felony classifications. As your Bentonville drug distribution lawyer, I work to challenge these classifications, often arguing that the substances were for personal use rather than for sale.

Key Elements the Prosecution Must Prove

To secure a conviction for drug distribution, the Benton County Prosecutor must prove several elements beyond a reasonable doubt. I focus my investigation on creating "reasonable doubt" in these areas:

• Identity and Control: The state must prove you were the person in "actual" or "constructive" possession of the drugs. If drugs were found in a shared vehicle or home, I challenge the assumption that they belonged to you.
• The Nature of the Substance: The state must prove the substance is actually a controlled substance. I often demand a re-testing of the evidence to ensure there were no errors in the state’s laboratory.
• The Weight: Because penalties are tied to weight, even a fraction of a gram can be the difference between a Class C and a Class B felony. I scrutinize the weighing process used by law enforcement.
• Purpose to Deliver: If the charge is "possession with purpose," the state must show "indicia of sale." This includes the presence of scales, baggies, large amounts of cash, or ledger books. Without these, I can often fight to have the charge reduced to simple possession.

Penalties and Collateral Consequences of Drug Distribution in Arkansas

Arkansas classifies drug felonies into Classes D, C, B, A, and Y. Distribution charges almost always fall into the higher tiers.

• Class Y Felony: The most serious non-capital crimes in Arkansas. Distribution of large amounts of Methamphetamine or Fentanyl can carry 10 to 40 years, or life in prison.
• Class A and B Felonies: These carry ranges of 5 to 30 years and fines up to $15,000.
• The 85% Rule: Under the Protect Arkansas Act, those convicted of certain high-level drug distribution or trafficking offenses are no longer eligible for early parole. You may be required to serve 85% to 100% of your sentence before being considered for release.
• Collateral Consequences: A conviction for drug distribution is a "permanent" mark. You will lose your right to own a firearm and your right to vote. Furthermore, Arkansas law allows for the civil forfeiture of any property—including your car or your cash—that the state claims was used in or gained from drug sales. My firm fights not only for your freedom but to protect your assets from government seizure.

My Background Defending Drug Distribution Charges In Northwest Arkansas

For my entire career in private practice, I have focused exclusively on criminal defense. I represent people facing everything from DWI and misdemeanor charges to serious felonies involving drugs, allegations of violence, sex offenses, and white collar crime. This focus means my daily work is centered on protecting the rights of individuals in the criminal justice system rather than handling a mix of unrelated legal matters.

Before opening my law office, I served as a Deputy Prosecuting Attorney. That experience gave me a clear view of how police investigations unfold, how prosecutors review cases, and what arguments they rely on in court. I now put that knowledge to work on the defense side. Over the past 15 years, I have appeared in courts throughout Northwest Arkansas, including cases filed in Benton County Circuit Court and Washington County Circuit Court.

My work has been recognized by my selection to Super Lawyers for 2024 and 2025, after having been named to Rising Stars from 2017 through 2021. More importantly, I have helped thousands of clients navigate the criminal justice system, including people charged with serious drug crimes. When you hire me, you work directly with me. I do not pass your case off to another lawyer or hide behind staff when you have questions about your future.

How I Approach Drug Distribution Defense

Defending against drug distribution charges requires a careful, client-focused approach that starts with understanding your side of the story and builds toward a strategy tailored to the facts of your case. My goal is to protect your rights, challenge unlawful police conduct, and guide you through the process with clear communication and realistic options at every stage.

• I begin by listening to your account and reviewing arrest reports, search warrants, recordings, and other evidence to understand the full picture.
• I closely examine traffic stops, searches, seizures, warrants, and informant activity to identify potential constitutional violations and challenge improper evidence.
• I focus on whether the State can prove intent to distribute, not just possession, and use my former prosecutor experience to anticipate and counter the State’s arguments.
• I tailor the defense strategy to your goals, which may include suppression motions, negotiations for reduced charges, or preparation for trial.
• I offer a free initial consultation to discuss charges, process, and defense options without financial pressure.
• I provide affordable fees and payment plans designed to fit individual circumstances.
• I prioritize clear, responsive communication so you understand what is happening, what steps are next, and how decisions affect your future.

Talk To A Drug Distribution Lawyer In Bentonville Today

As a former Deputy Prosecuting Attorney with years of criminal defense experience in Northwest Arkansas, I bring a practical, informed perspective to every case I handle. When you contact Cody W. Dowden, Attorney at Law, you speak directly with me, not a middleman, and you can take advantage of a free, confidential consultation and flexible payment options. Together, we can talk through what has happened so far and what can be done next.

To discuss your case with a drug distribution attorney Bentonville residents can meet with in person, call (479) 777-0640 or reach out online today.