Convictions in drug cases can have a lasting impact on your life, and the punishments associated with selling or distributing drugs often are harsher than a simple drug possession offense. A conviction for possession with intent to sell in Fort Lauderdale or surrounding areas can result in serious penalties, such as prison time, fines and up to a two-year suspension of your driver's license.
If you are charged with possessing a controlled substance with intent to sell, you may be facing a felony with a lifetime of consequences. A skilled Fort Lauderdale possession with intent to sell lawyer from Meltzer & Bell, P.A. can defend you against the allegations.
The team at Meltzer & Bell, P.A. consists of a former prosecutor and former public defender who have decades of combined experience defending clients. We are aggressive attorneys who will fight for our clients, and we are available 24 hours per day, seven days per week.
We represent clients throughout Broward County from our Fort Lauderdale office, including in Pembroke Pines, Hollywood, Coral Springs, Davie, Pompano Beach, Deerfield Beach, Sunrise and Wilton Manors. Contact Meltzer & Bell, P.A. at (954) 716-8538 to schedule a consultation.
It is illegal to be in actual or constructive possession of any controlled substance in Florida, according to Florida Statutes Annotated § 893.13. Actual possession means the narcotics were allegedly found on the suspect, such as in pockets on clothing or on the suspect's body. Constructive possession means the drugs were allegedly found in a location where the suspect has sole control, such as the trunk of a car or in a storage unit.
Controlled substances under the Florida Statutes Annotated § 893.03 include:
However, the charges may be greater if the prosecution charges someone with possessing the drugs with intent to sell, deliver or manufacture them.
Possession with intent to sell can be shown by a variety of factors, including:
The amount of a controlled substance is not necessarily the main factor to determine intent to sell. For example, if Fort Lauderdale Police allege they found a small amount of cocaine in your possession, but it was divided into baggies, you could be accused of possession with intent to sell.
Florida’s Comprehensive Drug Abuse Prevention and Control Act classifies controlled substances into five different schedules, ranging from Schedule I to Schedule V. The penalties for possession with intent to sell are determined by the narcotics involved.
Schedules I and II substances are considered the most serious by Florida lawmakers. Examples of Schedules I and II drugs include cocaine, methamphetamine, LSD (acid), MDMA (ecstasy) and heroin. Charges for these drugs are considered second degree felonies, which are punishable by up to 15 years in prison and a $10,000 fine.
Schedules III and IV include several types of prescription drugs, such as steroids, Xanax and Valium. This offense is a third degree felony, punishable by up to five years in prison and a $5,000 fine.
Schedule V drugs, which include certain prescription cough medications, are a first degree misdemeanor, resulting in a year in jail and a $1,000 fine.
Additionally, if you are convicted of drug possession with intent to sell you can face a driver's license suspension, additional fines, community service or probation. Those charged possession with intent to sell are not eligible for drug court.
In several narcotics cases, the substances themselves are the main evidence against the accused. The controlled substances often were found as a result of a search.
The Fourth Amendment to the Constitution protects you against unreasonable search and seizures. A warrant is required in many search cases. If police fail to follow procedure, the evidence could be thrown out, weakening the prosecution's case against you.
Your Fort Lauderdale drug defense attorney will fight to get your charges reduced or dismissed, or convince a jury to acquit you. Lawyers can cross-examine the state attorney's witnesses to question aspects of the case, including your intent.
If you have been charged with possession with intent to sell in Broward County, attorneys at Meltzer & Bell, P.A. will aggressively defend you. The Fort Lauderdale possession with intent to sell lawyers are available 24 hours per day, seven days per week to help you face charges in the 17th Judicial Circuit. Contact Meltzer & Bell, P.A. at (954) 716-8538 to set up a consultation.
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