In Fort Lauderdale, possession with intent is a Second Degree Felony. An individual faces Ft Lauderdale drug possession with intent to distribute penalties if they are holding a controlled substance with the intent to distribute or sell it. This is a formal charging document that is filed and sworn to by a Prosecutor or Assistant State Attorney in Florida.
Law enforcement has been trained to know what to look for in order to make the distinction between the two. Whether or not there is a large amount of cash found which would indicate if somebody is in the drug trade such as packaging equipment or paraphernalia, weapons, things of that nature. A distinguished drug possession with intent to distribute lawyer can help you present your case in court by collecting relevant evidence.
Impact of Penalties
Ft Lauderdale drug possession with intent to distribute penalties depend on the amount of drugs, the types of drugs, what schedule it is on, and an individual’s criminal history or lack thereof. Ft Lauderdale drug possession with intent to distribute penalties are a lot greater than a regular possession case. The penalties are greatly impacted if the charges are indicative of somebody who is being accused of either being a drug dealer or getting ready to be a drug dealer versus somebody who has a small amount in their possession for their own personal use.
Defining Constructive Possession
Constructive possession is when a person actually possesses the drug or controlled substance. Actual possession offenses would be if a person was holding the drug on their person or in their pocket. Constructive possession means that a person has the ability to exercise dominion and control over the controlled substance and it is within ready reach or is accessible. Examples include drugs found in center consoles, floor boards, glove compartments and on car seats.
Impact on Intent Charges
In Fort Lauderdale, there are no Diversion Programs or Alternative Sentencing available for first-time possession with intent to distribute charges. It is a way that law enforcement can charge a person with possession with intent without finding them in actual possession. It is an alternative means to prove possession in a possession with an intent case.
Dealing with Multiple Charges
If someone faces one charge of possession of marijuana or cannabis with intent to distribute and two separate other charges for pills. The possession of Xanax (which is also called Alprazolam) and the Percocet (which is Oxycodone under the schedule) are just an example of when and how somebody can face both of those charges at once. If it is the same drug, it is possible, but it really depends. If someone is stopped with 20 baggies of marijuana or cannabis and then some more marijuana is found someplace else, charges will likely be merged under a more serious charge. An individual should reach out to an attorney as soon as they discover they are facing Ft Lauderdale drug possession with intent to distribute penalties.
Hiring a Lawyer
The first thing someone should do when they hear they are being investigated for drug possession is call an attorney. Individuals should speak to a lawyer who has experience working in cases involving local substance arrests. A local drug lawyer has an understanding of Ft Lauderdale drug possession with intent to distribute penalties and how to mitigate them.