Everyone knows that it is a crime to be in the possession of cocaine, heroin, methamphetamine, and other controlled substances. But, many people are not aware that being in possession of controlled substances can often lead to more serious criminal charges of drug possession with the intent to sell.
Drug Possession vs. Drug Possession With the Intent to Sell
A person who is charged with drug possession is being accused of simply having controlled substances in his possession that he intended on using himself. However, if law enforcement believes that the drugs in the person’s possession were going to be sold to other people, they will charge the accused with possession with the intent to sell. Therefore, the difference between these two crimes boils down to who was planning on using the drugs.
When Can You Be Accused of Having the Intent to Sell?
Law enforcement officers cannot read your mind, so they will look for evidence that can be used to prove that you did not plan on keeping the drugs for yourself. One factor that will be taken into consideration is the amount of controlled substances in your possession. If you only had a small amount in your possession, law enforcement will assume that you intended on using the controlled substances. However, if you are found with a large amount of a controlled substance, officers may assume that the drugs were going to be sold.
The amount of controlled substances in your possession is not the only factor that will be considered. Law enforcement officers will also look for evidence that you were preparing to sell controlled substances, such as digital scales or small bags that can be used to package small amounts of drugs. People who sell controlled substances use scales and small bags to weigh and package the drugs for their customers, so this evidence could be used to prove your intent.
You can also be charged with possession with the intent to sell if emails, texts, or posts on social media indicate that you were advertising your services or arranging to meet with customers.
Being charged with any type of drug crime can be nerve-wracking, but try to remember that a criminal charge does not always lead to a conviction.
If you have been accused of drug possession with the intent to sell, contact Reisch Law Firm today. This is a serious crime, but it is not indefensible. Let our criminal defense attorneys look for weaknesses in the prosecution’s case so we can defend you against these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
