Possession For Sale
When a person is discovered to be in possession of a controlled substance (usually that of a larger quantity), the investigating officer is looking to determine whether the controlled substance in that person’s possession was strictly for personal use or if there are other factors demonstrating his/her intent to sell/distribute those drugs to others. The following are some factors used to try and allege the intent to sell/distribute are:
- Possession of scales/other measuring devices;
- Possession of plastic baggies/other containers used to divide into smaller quantities;
- Possession of large amounts of cash and/or the size of the bills;
- Possession of more than one cell phone/beeper/pager/pda;
- Possession of deadly/dangerous weapons;
- Address books/list of buyers/pay-owe sheets; and
- Location of arrest
Manufacturing, delivering, or possession with intent to deliver or sell a controlled substance is an offense that carries escalating penalties. The severity of the sentence depends on several factors, including but not limited to: the type of drug involved, the quantity of the drug in that person’s possession, the offender's prior criminal record, if any, possession of a gun and/or other deadly weapon, etc…
It is important to note that there are also three crimes that serve as "enhancement crimes" which go along with the possession for sale and which can severely increase the potential sentence if convicted. The sentence for these "enhancement crimes" is double or triple what it might otherwise be for distributing a particular amount and type of drug under other circumstances. The 3 enhancement crimes are:
- Distribution of controlled substances to people under 21 years of age.
- Distribution of controlled near a school.
- Causing people under the age of 18 to violate drug laws.
Penalties for all drug-related criminal offenses are always serious. They may
include jail/prison time, fines, seizure of assets, loss of a driver's license,
rehabilitation/education programs, drug testing, being required to register
as a narcotics offender, etc…. Because the potential penalties are so severe,
it is critical to obtain an experienced and knowledgeable drug crimes defense
attorney as soon as possible. At WILL & WILL, LLP, our drug crimes defense lawyers
have handled thousands of drug possession cases.
Contact us today to discuss your case and find out how the WILL & WILL,
LLP drug crimes defense lawyers can help you.
