Possession With Intent to Sell
Under Florida law, you can be charged with Possession with intent to sell a drug even if you never actually sold anything. This can be a second degree felony or a third degree felony, depending on the type of drug they claim you possessed and the circumstances under which you were arrested, and you could be looking at substantial prison time. Second degree felonies are punishable by up to fifteen years. If that seems like a lot for just possession a drug, it is. And it’s another reason you need to talk to a lawyer soon.
Undercover agents and confidential informants are the bread and butter of Miami police work when it comes to drug sales. If you are involved in drugs, one way or another, you probably know someone who has legal trouble. And it’s very likely that person is only back on the streets because they have agreed to work on behalf of the same police that arrested them.
These are the people the police will use to build a case against you. They will use your phone calls, your text messages, and any other evidence they can gather – even the testimony of your friends.
Whatever drug evidence they seize from you they will send to a laboratory. It doesn’t matter how pure it is. If it is even one percent illegal, they will count the entire weight against you. The good news is that the laboratories are often very backed up, and this can provide your attorney a chance to speak to the prosecutors before results arrive. What’s more, the police will schedule what is called a “Pre File Conference” with the prosecutors. If your lawyer speaks to them first, they will know your side of the story and whatever facts are good for you.
Important questions must be asked. Why is it only possession with intent to sell? Why don’t the police have direct evidence of you selling anything? Is there video? Photographs? Audio? Why only testimony? Why should the prosecutors take the police’s word? Certainly a jury would have questions.
If you are facing such a case, it is important to contact Grant Dwyer for a free consultation at once. He is an experienced Miami criminal defense attorney who specializes in Possession with Intent to Sell cases.
Call us at (305) 215-7586 or click HERE.
Possession With Intent to Sell is covered under Florida Statute 893.13.