Miami, FL Possession with Intent Lawyer

Whether you or a loved one has been arrested or is under investigation for possession with intent to sell a controlled substance, it is critical to consult with an experienced lawyer as soon as possible to ensure that your rights are protected. You need the counsel of an experienced Miami possession with intent to sell attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

What is Possession with Intent to Sell?

Under Florida law, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. While the terms “selling,” “manufacturing,” and “delivering” clearly define the prohibited conduct, whether someone can be charged with “possession with intent to sell” is a little more complicated.

First, the law requires that the person possess the controlled substance.  The State can prove a defendant possessed the substance in one of two ways: by actual possession or by constructive possession. But unlike a simple possession case, possession with intent requires that the person also have the state of mind to sell, manufacture, or deliver the controlled substance he or she possesses.  But how do you determine a person’s state of mind or intent? Assuming you can’t just ask the person (or the person doesn’t make any admissions about what he or she planned on doing with the drugs), how is it possible to know what a person plans on doing?

Possession with intent does not require proof that a transaction occurred. If the State alleges a transfer, the case may instead involve sale or delivery of a controlled substance. Delivery can include an attempted transfer and does not require payment.

Proving Intent

Florida courts have highlighted several factors the State can use to prove a person has the required intent. 

  • Any statements by the person admitting that they intended to sell the drugs
  • Statements by other people indicating that the defendant had the intent to sell
  • The amount or quantity of the drugs the person possessed
  • The way the drugs were packaged
  • The presence of guns or other weapons
  • The presence of a large amount of cash
  • Where the drugs were discovered
  • The presence of drug paraphernalia (baggies, scales, etc.)
  • The presence of other things or objects related to selling drugs
  • Past sales by a person closely related in time

Oftentimes, in cases where the State does not have any admissions/statements by the defendant, the central issue becomes whether the drugs in question were “inconsistent with personal use.” Just because a person is caught with a seemingly large quantity of drugs doesn’t necessarily mean that they intended to sell them. In these cases, the law usually requires that some of the additional factors listed above be present, tending to prove an intent to sell. Unlawful, knowing possession of a quantity that meets Florida’s statutory trafficking threshold can support a drug trafficking charge, even without an intent to sell or deliver. The State must still prove the required possession, substance, and quantity; the threshold depends on the drug.

Punishment for Possession with Intent to Sell

If you are convicted of possession with intent to sell a controlled substance, you will ordinarily face a maximum prison sentence of five (5) years in the case of a third-degree felony or fifteen (15) years for a second-degree felony. Possession with intent to sell cannabis, for example, is a third-degree felony, while possession with intent to sell cocaine would be a second-degree felony. Under section 893.13, Florida Statutes, possession with intent near certain protected locations can increase the felony level. The result depends on the drug and the location. For specified drugs, qualifying school or public-park offenses can carry a first-degree felony charge, ordinarily punishable by up to 30 years, and a three-year mandatory minimum. The school provision applies between 6 a.m. and midnight. The place-of-worship provision can increase the felony level but does not itself impose that three-year minimum. The State must prove the facts required by the applicable provision.

The distinction between simple possession and intent to sell matters even when the amount is small. Unauthorized simple possession of marijuana may be a misdemeanor when it involves 20 grams or less of plant material, while possession with intent to sell that amount can be a felony.

Defenses to Possession with Intent to Sell

Defenses may challenge whether you possessed the substance, whether you intended to sell or deliver it, or whether the State can use the evidence against you. The available defenses depend on the facts. Possible defenses include:

  • Evidence that the medication was lawfully prescribed and possessed for personal treatment may help rebut an alleged intent to sell. A valid prescription does not authorize selling or unlawfully distributing the medication.
  • Lack of possession (this defense can be raised when there is an issue as to the person’s “dominion and control” over the substance)
  • Lack of knowledge that the substance was present. Separately, lack of knowledge of its illicit nature may be raised as an affirmative defense under section 893.101, Florida Statutes.
  • The drug isn’t what the State alleges it is
  • An unlawful search or seizure that provides grounds for a motion to suppress.
  • Someone planted the drugs
  • Entrapment, where the facts support that defense.

Over the years, we have represented hundreds of clients in a wide range of drug crimes cases. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Feel free to browse the results section of our site for a representative sample of our past cases and the results we have achieved for our clients.

Contact an Experienced Miami Possession with Intent Attorney

By taking the immediate action of hiring an experienced Miami possession with intent attorney, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation. Skilled criminal lawyers in Miami understand the nuances of Florida drug laws and can identify weaknesses in the prosecution’s case that may lead to reduced charges or dismissal.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON RETAINING A LAWYER FOR A POSSESSION WITH INTENT TO SELL CASE