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Possession with Intent to Sell

If you have been arrested for possession with intent to sell a controlled substance then contact an aggressive and experienced criminal defense attorney at the Sammis Law Firm. We represent clients charged with serious drug crimes in Tampa, Hillsborough County, and the surrounding areas of Tampa Bay.

Law enforcement officers often over charge a simple possession of a controlled substance offense to the more serious charge of possession with intent to sell. Although it is easy for the officer to write up the more serious offense, it can often be more difficult for the prosecutor to prove the charges at trial beyond all reasonable doubt.

After an arrest for an intent to sell charge, the prosecutor will review the charges within the first 21 days after the arrest. In many of these cases the prosecutor will elect to file only less serious charges for possession. In cases in which the more serious charges are filed, a criminal defense attorney may be able to file a motion to dismiss the allegation of intent to sell.

Defenses can also be asserted when the search or seizure of evidence was unreasonable under the Fourth Amendment of the United States Constitution.

We represent people charged with possession with intent to sell a controlled substance in Tampa in Hillsborough County, Clearwater or St. Petersburg in Pinellas County, Bartow or Lakeland in Polk County and New Port Richey or Dade City in Pasco County, Florida.

Punishments and Penalties for Possession with Intent to Sell

The punishment for intent to sell or delivery is drastically more serious then simple possession. Small factual details often make the difference, although even in tough cases, an aggressive defense may cause the prosecutor to drop the intent to sell or deliver accusation.

Factors indicating intent to sell or deliver can include the following:

  1. statements by the defendant admitting that he had the intent to sell the drugs;
  2. the manner in which the drugs were packaged;
  3. the presence of drug paraphernalia such as scales, or baggies;
  4. the presence of U.S. Currency (cash);
  5. the presence of a firearm or other weapon; and
  6. the types and quantities of drugs involved.

Defenses to Charges for Possession with Intent to Sell

If any of the factors mentioned above are not present in the case, that may also be circumstantial evidence that the possession was not with the intention to sell. A conviction for “intent to sell” can have serious consequences when it comes to finding housing, qualifying for student loans or financial aid, pursuing a higher education, and finding employment.

Finding a Tampa Attorney for Possession with Intent to Sell Charges

If you have been arrested for possession of a controlled substance with intent to sell, contact an experienced attorney in Tampa, Hillsborough County, FL. We work with our clients to aggressively fight the charges.

Last updated by on Monday, September 15, 2014.