The courts in most states are substantially tougher on drug dealers than they're on users. Due to the fact politicians and legislators view drugs as a direct lead to of illegal activity, they normally target the source. A lot of states prosecute suspected dealers towards the fullest extent with the law. A conviction for the crime of possession with intent to sell a controlled substance is punishable by fines, probation, and jail or prison time. Get a lot more facts about drug crime attorneys
Doable Outcomes
Drug crimes are generally primarily based on the variety of controlled substance and also the amount that was seized by authorities. A defendant might be charged together with the crime of trafficking if he includes a particular quantity of a specific substance. As an example, if someone is caught with over 28 grams of cocaine within the state of Florida, he might be topic towards the state's mandatory minimum sentence for trafficking, which can be 3 years in prison as well as a $50,000 fine.
With all other issues being equal, possession with intent to sell just isn't fairly as significant a charge for a drug crime attorney to defend against. It falls someplace among basic possession and trafficking. A defendant may very well be charged with all the crime in the event the police and prosecutors think that the seized drugs were not basically for personal or recreational use. A few points that could lead them to this conclusion include things like: the presence of drug paraphernalia, such as scales or baggies in the scene, the way it was packaged, the variety and/or quantities from the substance, the presence of weapons, and an admission by the accused to police or prosecutors that he intended to sell the goods.
Feasible Legal Defenses
No matter how dire the outlook, an experienced drug crime attorney might help. Law is all about procedure, and if the police or prosecutors overstepped their bounds, it could be achievable to have the charges lowered or dismissed. By way of example, in the event the original search was performed without the need of a warrant or if the suspect was illegally detained, the charges against him might not stand. It really is also critical to note that intent is a difficult point to prove. Unless the accused truly admitted that he was planning to sell the seized substance, he may well only be subject to very simple possession.
An lawyer may possibly also create a defense primarily based around the presumption that the defendant had no intention of promoting or distributing the illegal substance. If he can convince the judge or jury that the substance was for personal or recreational use only, then the defendant wouldn't be topic to a distribution charge. In that instance, the prosecutor may drop the charges. Inside the worst-case scenario, the prosecutor may well give a deal for easy possession, which can be a far much less severe crime in most states. Numerous states even present rehabilitation programs as an alternative to prison time for people that are convicted of possession.
A drug crime lawyer could assist you defend your legal rights in case you had been charged with possession with intent to sell a controlled substance.
