When it comes to charges relating to drug possession, the severity of the penalties you may face varies based on the specific situation. Charges related to the simple possession of drugs can range from a misdemeanor up to serious felonies, and one of the most serious charges is the possession of drugs with the intent to sell or distribute.
If you’re facing similar charges, it’s important to know some basic facts about the process. See below four key things you should know about possession with intent to sell or distribute drugs.
In order to prove that a person was in possession of a drug, it must be proven that the controlled substance was truly illegal and that the person who possessed it knew or should have known the substance was present and it was illegal. Finally, it has to be proven that the defendant was actually in control of the location and presence of the drug.
Defining ‘Intent To Sell’ And Trafficking
Possession with intent to sell drugs, and trafficking, which is a broad legal term based on a larger than typical quantity, are considered some of the more serious drug offenses. When looking at potential consequences for these charges, the amount of drugs is crucial because it could mean the difference between probation or mandatory prison time. In order for the government and the prosecution to make this charge land, the prosecution has to prove all of the elements of simple possession, and then prove that the defendant was truly going to distribute or sell the drugs to others.
The Charges And Penalties Depend On The Drugs
When it comes to drug charges, they can run the gamut. From a third degree felony for someone charged with intent to distribute marijuana, to a second degree felony charge that may be filed for more dangerous types of drugs, it truly depends on the situation.The amount and type of drugs a person possesses may also determine what charges and penalties they’ll face. Additionally, the penalties will also depend on the situation. For example, a second degree misdemeanor may carry a jail time of 60 days, while a second degree felony carries a maximum sentence of up to 15 years and a large fine. Florida state laws also require that the sentence be increased if the defendant has a criminal history of violence, or if the accused can be considered a career criminal or habitual felon.
Why You Need An Attorney If You’re Facing A Charge
If you’ve been charged with any kind of drug or controlled substance offense, one of the key actions you should take is to talk with an experienced attorney before the case goes any further. Ideally, you’ll want counsel who has good experience in drug possession. Drug charges, even if for small amounts of drugs or drug paraphernalia, can easily escalate. You could potentially end up in jail if you aren’t informed or represented. An experienced attorney like Joseph Knape will be able to help tremendously, whether it’s trying to prove that you had no knowledge of the drug, or had no knowledge that the drug was illegal. An attorney can also look into potential improper police procedure, like entrapment or even illegal search and seizure.
Please contact an attorney in your area if you need help with a drug possession or trafficking charges.
Orlando attorney Joe Knape is highly experienced when it comes to the matters of criminal defense and family law in Orlando and Central Florida.
The 850 CALL JOE Law Firm
1728 S Bumby Ave
Orlando, FL 32806