Most states’ courts are harsher on drug sellers than they are on consumers. Politicians and legislators generally target the source of criminal behaviour because they see drugs as a direct cause. Many states go to great lengths to prosecute suspected drug dealers. Fines, probation, and jail or prison time are all possible outcomes of a conviction for possession with intent to sell a controlled narcotic.You may want to check out Dallas Drug Crime Attorney for more.
The type of restricted substance and the amount recovered by authorities are the most common factors in drug offences. If a defendant has a particular amount of a certain substance, he may be charged with trafficking. If a person is discovered with more than 28 grammes of cocaine in Florida, for example, he will face a three-year jail sentence and a $50,000 fine under the state’s obligatory minimum punishment for drug trafficking.
When all other factors are considered, possession with intent to sell is a less serious allegation for a drug offence lawyer to fight. It’s a cross between simple possession and human trafficking. If the police and prosecutors believe the seized narcotics were not intended for personal or recreational use, the offender may be prosecuted with the offence. The presence of drug paraphernalia at the scene, such as scales or baggies, the way it was packaged, the type and/or quantities of the substance, the presence of weapons, and an admission by the accused to police or prosecutors that he intended to sell the goods are all factors that could lead them to this conclusion.
Legal Defenses That Could Be Used
An experienced drug criminal attorney can assist you no matter how bad things look. It’s all about procedure in law, and if the cops or prosecutors overstepped their bounds, the charges could be reduced or withdrawn. The charges against the suspect may not stand if the initial search was done without a warrant or if the defendant was detained improperly. It’s also worth noting that proving intent is a challenging task. Unless the accused admits that he intended to sell the seized material, he may only face simple possession charges.
A defence can also be built on the assumption that the defendant had no intention of selling or distributing the prohibited material. The defendant will not face a distribution charge if he can persuade the judge or jury that the substance was purely for personal or recreational use. In that case, the prosecutor may decide to dismiss the charges. In the worst-case situation, the prosecution may propose a plea bargain for simple possession, which in most jurisdictions is a significantly less serious offence. For persons convicted of possession, many states offer rehabilitation programmes instead of prison time.
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