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Orlando Possession with Intent to Sell Attorneys

Possession Intent Sell

At Adams & Luka, we know all too well how easy it is for prosecutors to turn a simple possession case into one with intent to sell. We also know the situation becomes far more serious if it can be proven that you intended to sell, distribute, or deliver an illegal drug such as marijuana, heroin, cocaine, or meth. As experienced Orlando drug crime lawyers, our goal is to have charges dismissed when possible, or provide a vigorous, effective defense in order to protect our clients from a conviction and the resulting criminal penalties.

Unfortunately, there is no magic number regarding how much of a substance has to be present in order for someone to be charged with possession with intent to sell. A police officer may find an individual in possession of marijuana or any controlled substance, however whether the amount present is sufficient for an intent to sell charge is a matter of his/her opinion. Generally speaking, judges usually draw the line regarding the amount of drug, and how much is necessary for an "intent to sell" charge. Along with the quantity of drug found in your possession, prosecutors may use additional evidence such as the presence of scales or baggies or other packaging materials to demonstrate that you intended to sell or distribute the drug.

Possession with intent to sell is a more serious offense than possession, however it is not as serious as drug trafficking. Still, the criminal penalties are harsh. A conviction could ruin your reputation and career, and steal your freedom. It is essential that you discuss your case with an experienced Orlando possession with intent to sell lawyer immediately.

Defenses to Charges of Possession with Intent to Sell in Florida

The state must prove each element of a criminal offense beyond a reasonable doubt, which essentially means the prosecutor must demonstrate that it cannot be denied that the defendant committed the crime. Defense lawyers often build a defense on the grounds that the prosecutor did not provide undeniable proof, or by challenging the evidence introduced by prosecutors. In cases involving possession with intent to sell, it may be possible to negotiate a plea agreement with prosecutors in the event that an acquittal cannot be obtained, such as simple possession. This will reduce the damaging impact to the defendant's life.

Ultimately, prosecutors must prove that you intended to sell the drugs found in your possession. By evaluating the strengths and weaknesses of the case against you, we will devise a solid defense strategy in order to reach the best possible result.

Criminal Penalties for Possession with Intent to Sell in Orlando & Central Florida

In cases involving possession with intent to sell, the criminal penalties an individual will face if found guilty depend largely on the amount and type of drug possessed, and where the alleged offense occurred. For instance, selling illicit substances within 1,000 feet of a park, school, community center, child care facility, or public housing could result in enhanced charges.

Controlled substances are divided into five schedules under Florida law; those under Schedule I are far more serious than those under Schedule V. Schedule I drugs include marijuana, ecstasy, salvia, and other narcotics that are highly addictive and have no medical purpose. Schedule V includes certain prescription drugs that do have a medical purpose and have a low potential for addiction or abuse.

Possession with intent to sell involving Schedule V substances may result in penalties which include a $5,000 fine and maximum of one year in jail.

Possession with intent to sell involving Schedule III or IV substances may result in penalties which include up to $5,000 in fines and a maximum of five (5) years in prison.

Possession with intent to sell involving Schedule I or II substances may result in penalties which include fines of up to $10,000 along with a maximum of fifteen (15) years in prison.

It is also important to note that when more than 10 grams of specific Schedule I drugs such as MDMA or heroin are involved, the charge may be upgraded to a first-degree felony. A conviction in this case may result in penalties including fines of up to $10,000 along with a maximum of thirty (30) years in prison.

Contact Adams & Luka Immediately

At Adams & Luka, we understand the fear you feel, and the uncertainty of not knowing what your future holds. If you have been arrested for possession with intent to sell or are under investigation, it is urgent that you take action now. By contacting us today at (407) 872-0307 or (352) 787-2101 we can get started on your case immediately, working to determine the best legal options and to develop a sound defense. Put your case in capable hands, and avoid leaving your future to chance.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink