If you have been charged with possession of a controlled substance with intent to sell in Florida, then you may have a defense. Personal use and lack of knowledge are both defenses that are oftentimes successful when fighting possession of controlled substance with intent to sell cases. Attorney Williams can also attack the legality of any search conducted by law enforcement that led to your arrest. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about personal use or lack of knowledge, or if you want to talk to a lawyer about how to beat your possession of a controlled substance with intent to sell case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, possession of a controlled substance with intent to sell is defined under Florida Statute 893.13(1)(a). A person commits possession of a controlled substance with intent to sell when they knowingly possess a controlled substance with the intent to sell, manufacture or deliver the substance.
The state will usually try to use evidence that they found during the arrest to prove intent to sell. The amount of drugs found, large amounts of cash, baggies, scales, mixing devices, weapons and statements/admission will all be used by the state to prove their case. Most of the time, the state will also obtain a search warrant for the phone that the Defendant had at the time of their arrest to look for evidence of intent to sell in text messages and call history.
Possession of a controlled substance with intent to sell is a second-degree felony, unless the substance in marijuana, meaning it is punishable by up to 15 years in prison, or up to 15 years on probation and up to $10,000 in fines (you can also get a jail or prison sentence followed by probation, but the length of the punishment cannot exceed 15 years).
In addition to facing prison time, if you are adjudicated guilty of possession of a controlled substance with intent to sell you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
Criminal convictions, especially convictions for drug related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with possession of a controlled substance with intent to sell in Florida, then contact Matthew Williams now for a free consultation.