Possession With Intent to Sell
Speak to a Miami Drug Crimes Attorney About Your Rights
If you or your loved one has been charged with drug possession with intent to sell, you should contact an experienced drug crimes defense attorney in Miami right away. A conviction for possession with intent to sell comes with severe penalties, including jail/prison time, steep fines, driver’s license suspension, and probation. You could also face harsh social consequences as well, as a criminal conviction will go on your public record.
Contact Hubbs Law Firm online or by phone at (305) 570-4802 today for a free, confidential consultation with one of our experienced trial lawyers. Se habla español.
Possession With Intent to Sell Charges in Florida
Hundreds of prescription drugs (including Xanax, Lortab, and OxyContin, to name a few) and dozens of so-called "street" drugs (including marijuana, cocaine, and heroin, amongst others) are considered controlled substances. The Florida Statutes, Chapter 893.13(2)(a) details how the government controls these substances, not only by criminalizing their possession, sale, and trafficking but also the intent to sell, manufacture, or deliver them.
Intent to Sell Charge
Under Florida law, except for small amounts of marijuana or medicine prescribed by a doctor, the mere possession of a controlled substance in Florida is a felony. Possession of a controlled substance with intent to sell is an elevated charge from simple possession, with more severe penalties if convicted.
These cases often hinge on not only the determination of possession but also the determination of "intent." In their zeal to make an arrest, law enforcement officers sometimes exaggerate or misinterpret the concept of intent or the evidence at the scene. Prosecutors then proceed with serious charges that may have life-changing consequences if a person is convicted of possession with intent to sell.
Our Firm Can Defend Your Rights & Your Future
Hubbs Law Firm defends clients throughout the greater Miami area who were arrested on a charge of possession of a controlled substance, narcotics, or drugs with intent to sell. Our founding attorney, E.J. Hubbs, has been recognized by the Florida Bar for his experience and competency in Criminal Trial Law. This recognition reflects a high standard of professionalism and ethics in the practice of law.
Both E.J. and Erika Hubbs understand Florida's drug and controlled substance laws. They put their extensive knowledge to use by aggressively defending clients who are accused of these types of crimes.
How Possession With Intent to Sell Charges Are Prosecuted
Under Title XLVI, Chapter 893.13(2)(a) of the Florida Statutes, "a person may not sell, manufacture, or deliver or possess with intent to sell, manufacture, or deliver a controlled substance."
A prosecutor may pursue either the simple possession charge (Fla. Stat. Ann. § 893.13(6)) or the elevated possession with intent to sell charge, but the prosecutor must prove intent to sell beyond any reasonable doubt at trial. Faced with this dilemma, prosecutors sometimes drop the intent to sell charge when an aggressive attorney challenges the intent charge.
Factors That May Indicate Intent to Sell a Controlled Substance
If a law enforcement officer finds that a person is in illegal possession of a controlled substance, the officer then must determine if a person possessed the drugs or narcotics with the intent to sell all or part of them.
Many factors may lead to the elevated charge of possession of a controlled substance with intent to sell, including any of the following:
- Verbal or written statements by the person in possession that he or she had the intent to sell the drugs
- Type of drug possessed
- Amount or quantity of drugs possessed
- Location where drugs were possessed
- Way in which the drugs are packaged (such as small amounts, individually wrapped)
- Presence of drug paraphernalia used by dealers, such as scales or plastic bags
- Presence of large amounts of cash in close proximity to the drugs
- Presence of ledgers recording drug transactions or other records of drug-related activities
- Presence of a gun, firearm, or other weapons
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
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