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Defining drug possession with intent to sell

Over 1 million people face arrest every year as a result of a drug law violation. In 2016, the FBI arrested over 1.5 million people for an array of charges, including possession of a controlled substance and sale or manufacturing of a drug. However, there is another charge many Floridians have faced: possession with intent to sell

This charge often carries much harsher penalties than simple possession. This charge tends to confuse defendants because it seems difficult to prove "intent" was present. This charge can send a person to jail for decades, so it is vital to get a lawyer immediately to start building a case. People can face this charge regardless of the type of drug in possession, whether it was marijuana, cocaine or heroin.

How police know there was intent to sell

In the event drugs are found on a person's property, the police may suspect the individual planned on selling it. There are several factors to prove this was the case. The police may find such a large quantity of drugs that they know it could not possibly be for personal use. Perhaps there are large quantities of cash where the drugs were. Occasionally, police assume there is an intent to sell where there are other pieces of paraphernalia around the property, which include:

  • Mixing devices
  • Testing kits
  • Balances
  • Rolling paper
  • Scales

Ways to fight intent to sell charges

When a person faces drug possession with intent to sell charges, the lawyer may utilize various techniques to get the charges dropped or reduced. A lawyer may argue the person only intended to use the drugs for personal reasons. Even if it was cocaine or heroin, simple possession will come with fewer penalties than possession with intent to sell. An attorney may also argue lack of control or possession. The lawyer argues the defendant was not aware of the drugs on the property and had no control over where those drugs ended up. 

 

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