Possession With Intent To Sell In Florida

Florida law specifies several different types of drug-related crimes, one of which is possession with intent to sell or distribute (PISD). This is seen as a more severe offense than simple possession, because PISD has the potential to do more damage to society than one person indulging themselves in private. If you have been charged with PISD, it is important to find an attorney who understands these cases well, and can help you with yours.

Sentencing Enhancements In Drug Crimes

With rare exceptions, possession of any kind of controlled substance without a prescription is a felony in Florida, and these crimes are prosecuted aggressively. Florida has a long history of being a mecca of sorts for drug users, and in an effort to crack down, the legislature has passed some of the more severe laws in the U.S. with regard to possession, sale, and trafficking of drugs.

PISD is usually tried and sentenced as a second-degree felony, carrying up to 15 years in jail, plus fines and court costs. That said, this type of drug offense can carry what are known as sentencing enhancements – factors that increase the severity of the defendant’s actions. In some cases, the charge of “possession with intent to sell” is a sentencing enhancement in itself; it is not uncommon for a plea-bargain to be reached by the state’s attorney dropping the “intent to sell” charge. Every case is different.

Creating Reasonable Doubt Is Crucial

If you have been charged with PISD, it is crucial that you take the charges seriously. Conviction of a drug offense in Florida means that the offense cannot be expunged from adult criminal records, allowing future landlords and employers to see it in a background check. With the right attorney, you may be able to plead to a lesser charge or work something out where this type of conviction does not show up on your record.

The prosecution will often cite evidence such as the presence of paraphernalia (cutting tools, bags, or any other item that could facilitate the usage or sale of drugs), the presence of large amounts of cash, or association with known drug users to try and build a case against you. However, if you and your attorney play your proverbial cards right, these factors can be explained well enough to keep you out of jail. All one must do in this type of case is to create reasonable doubt.

Call A West Palm Beach Drug Crimes Attorney

Possession with intent to sell or distribute controlled substances is seen as a particularly serious offense because it can be the reason that more and more people become addicts or struggle with sobriety. Regardless of your own intentions, if you are charged with PISD in Florida, a West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help ensure your rights are protected at trial and beyond. Contact us today to speak to an attorney.

Source:

.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0893/Sections/0893.13.html