Due to the proliferation of unlicensed pain clinics and "pill mills" in Florida, drug trafficking from the Sunshine State into neighboring states is now a common criminal charge. Even completely honest medical professionals may make the mistake of giving patients more of the same controlled substance than they were originally prescribed. As a result of these oversights, illicit drugs are created.
Patients and doctors can face drug trafficking charges if they are caught in possession of large quantities of controlled substances. Contrary to popular belief, drugs need not be transported to another state in order for the crime of trafficking to be charged. In Florida, trafficking has to deal with the quantity of the drug possessed, not its movement across state lines.
Since drug trafficking can happen anywhere in Florida, it can be prosecuted on either the federal or state level, or both. Sentences of imprisonment, fines, or both may be imposed for federal charge and state charges. If you need assistance, a drug defense attorney in South Florida is the way to go.
Palm Beach Possession with Intent to Sell Defense Lawyer
To properly defend yourself against a possession with intent to sell charge in South Florida, you need an attorney with experience in drug cases. Our criminal defense lawyer, Ian Goldstein, will investigate the details of your case and work to develop a defense or mitigating circumstances.
The staff at Ian Goldstein's law firm is 100% dedicated to the practice of criminal defense. Your rights will be protected, as the attorneys are aware of how serious a drug charge can be. The criminal attorneys in West Palm Beach will handle your case with care and explain the legal process as it unfolds.
Clients from all over Palm Beach County, West Palm Beach, Pompano, Broward County, and the state can turn to Ian Goldstein for assistance. Get in touch with us at (561) 600-0950 to schedule a no-cost initial consultation and discuss your case.
Drug Sale Charges in Florida
According to Florida Statute 893.13, it is illegal to be in possession of a controlled substance, whether the person has the substance physically in their hands or not. If a substance or substances were found in the suspect's actual possession, it means they were physically located on the suspect. To be in constructive possession of something means that the suspect had control over it, even if it was in a vehicle. Possession is more difficult to prove in this theory.
For the purposes of Florida Statutes 893.03, controlled substances include, but are not limited to:
- Prescription medications
There is little room between a possession charge and a possession with intent to sell charge when dealing with controlled substances. Possession with the intent to sell carries much harsher penalties. Factors that increase the likelihood that you will be charged with possession with the intent to sell include:
- Possessing excessive or large quantities of the substance
- Packaging materials
- Admission to selling drugs
- Possession of Cash
- Possession of Weapons
Penalties for Possession with Intent to Sell in Florida
Penalties for possession with the intent to sell narcotics in Florida vary by schedule according to the Comprehensive Drug Abuse Prevention and Control Act.
A second degree felony conviction for possession with the intent to sell a Schedule I or II controlled substance is possible. Florida law allows for fines of up to $10,000 and prison terms of up to 15 years.
It is a third degree felony to be in possession of any controlled substance with the intent to sell it. This includes substances classified as Schedule III or IV as well as some substances classified as Schedule I or II. Punishment for this felony in Florida may include up to five years in prison and/or a $5,000 fine.
Possession with Intent to Sell: Federal Charges
Under the federal Controlled Substances Act, it is illegal to be in possession of a controlled substance with the intent to distribute or dispense it. Generally speaking, federal charges can carry much heavier penalties than state charges. Punishments for this crime vary depending on the controlled substance involved. Potential punishments under 21 U.S.C. 841 include lengthy minimum mandatory prison sentences, and enhancements for the possession of a firearm in conjunction with a drug crime.
Defenses to a Possession with Intent to Sell or Distribute
It will be more difficult for a state prosecutor to charge you with possession with intent to sell as opposed to simple possession if they cannot show you had a significant quantity of a prohibited substance, packaging that indicated you were planning to sell the controlled substances to someone else, or you did not admit you were selling the drugs to other individuals.
Possession of weapons or large sums of money in addition to the drugs will also make it easier for the prosecution to prove intent to distribute rather than simple possession.
South Florida Drug Defense Lawyer
Get in touch with Ian Goldstein if you've been charged with possession with the intent to sell in South Florida. For the best results in your drug case, consult with a seasoned criminal defense attorney in Palm Beach County. Feel free to contact us at (561) 600-0950 for a no-cost initial consultation regarding your charges.
Call Today for your FREE Initial Consultation
If you or a loved one have been arrested and charged with Driving Under the Influence, call (561) 600-0950 to contact the Law Offices of Ian Goldstein today to speak with an experienced Palm Beach County Drug Defense Lawyer.