Possession with Intent to Sell Attorney in Tavares, FL
Prosecutors Must Prove Intent to Sell Possession is a serious criminal charge, however when it can be proven you intended to sell the drugs, the stakes go up considerably. Prosecutors must prove intent, and often base charges on the fact that a person possessed an amount of drug/substance that would be considered more than normal for personal use. Other evidence commonly used to prove intent include:
1. The individual accused possesses a large amount of cash
2. Possession of scales used to weigh drugs
3. Possession of baggies or other materials used to package drugs for selling
Obviously, "intent" is the operative word here. The fact that someone is in possession of baggies, a scale, or other paraphernalia is not proof that an individual intended to sell or distribute illicit drugs to others. In the end, you may be charged with possessing a controlled substance with intent to sell that substance based on how a police officer interprets intent. A substantial amount of evidence is provided by testimony of police who give their version and opinion of the circumstance, which rarely includes the officer actually witnessed the defendant in the act of selling or delivering drugs.
Criminal Penalties for Possession with Intent to Sell in TavaresPossession with intent to sell may be charged as a second- or third-degree felony, depending on the type of drug involved. For example, a Schedule 1 substance such as marijuana will leave the accused facing third-degree felony charges, while a Schedule 2 substance will be charged as a second-degree felony. Along with substantial fines and a criminal record that will impact various aspects of your life forever, those found guilty will face a maximum of five (5) to fifteen (15) years in prison depending on the facts of the case.
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There are several defenses that may prove to be effective in your case and result in your avoiding a conviction and the resulting punishment. Additionally, there are legal options you may want to explore if eligible including drug court, drug diversion programs, and more. It may also be possible to have charges reduced, which typically results in less severe punishment. Challenging whether police followed proper protocol and whether your legal rights were violated are other possibilities.
At Adams & Luka, our Tavares possession with intent to sell attorneys are skilled, knowledgeable, and committed to securing the best possible result for our clients. Contact us immediately for a free consultation.