In Fort Lauderdale, it is unlawful for a person to sell, manufacture, deliver, or possess with intent to sell, a controlled substance. There are factors that would be looked at via juror instructions and case law that would allow a person to make an analysis as to whether or not somebody possessed with intent to sell or whether or not somebody possessed for personal use or recreational use.
The Government would have to prove that the substance was a controlled substance as defined by § 893.03 of the Florida Statutes and that the defendant had knowledge of the substance. A Fort Lauderdale possession with intent to distribute lawyer can help you collect evidence to present during your trial. An experienced drug attorney has the local knowledge and understanding necessary to help you build a strong defense.
Determining Intent to Sell
Money plays a big role in determining whether or not there is a possession case or a possession with intent to sell or distribute case. Fort Lauderdale drug possession with intent to distribute lawyers have seen intent cases begin due to the presence of large amounts of money or cash on somebody’s person, in or around the vehicle, their home, or another location. For example, one giant Ziploc baggie, smaller bags, packages, or containers indicating an intent to parcel the drugs out with and intent to distribute them in smaller amounts; would be indicative of somebody that had the intent to sell or distribute.
Other factors would include evidence of any type of paraphernalia found such as grinders, rolling papers, scales, testing kits, balances, or mixing devices. Other factors would be any firearms or weapons that were found or involved. If a person admits that they possessed a controlled substance or drugs and has the intent to sell or distribute, that would be pretty strong evidence if those statements were upheld in court.
Role of the Prosecution
The Prosecutor will try to prove that the individual possessed a controlled substance with the intent to sell that particular substance. They would actually have to prove that the substance was, in fact, a controlled substance as defined by § 893.03. Proving controlled substances usually includes calling a toxicologist from the Broward Juror’s Office Crime Lab. The toxicologist would testify that the drugs were tested and they are, in fact, a controlled substance as defined in §893. Then the Prosecutor would also have to prove that the defendant had knowledge of the illicit nature of the substance itself.
Impact of Intent to Distribute
Prosecutors in Fort Lauderdale certainly are more vigorously prosecuting cases where they feel the individual is involved in the economics of the drug trade versus an individual that has a substance abuse problem or just in possession of a small amount for personal or recreational use. However, because a Fort Lauderdale possession with intent to distribute lawyer has experience working the other side of the case, they can work diligently on behalf of the individual they represent to protect their rights. Working with an attorney could be the difference between a misdemeanor or a felony or a third-degree felony versus a second-degree felony.
Benefit of a Possession With Intent to Distribute Attorney
Fort Lauderdale possession with intent to distribute lawyers have seen penalties such as loss of a driver’s license. These are serious charges that have a multitude of ramifications. Not only as they relate to potential incarceration and sanctions from the court, but the effects a charge of intent can have on an individual’s record, their livelihood, their job, their civil rights, their reputation.