Possession with Intent to Distribute

Florida laws make it unlawful for any person to sell, manufacture, deliver, or purchase or possess with the intent to sell, manufacture, deliver, or purchase a controlled substance, such as marijuana, cocaine, heroin, MDMA (ecstasy), LSD and other prohibited substances.

In terms of proof, the unlawful possession issues of the offense of possession with intent to sell are treated in the same way as they are in cases of simple possession.  A person can be charged with possession with intent if he or she is in actual or constructive possession of the substance.  Actual possession means that the person has the substance on his or her person or the substance is within ready reach of the person.  Constructive possession means that the substance was in a location where he or she was able to exercise dominion or control even if the person was not present at the time the substance was seized.

Additionally, in possession with intent cases, the prosecutors must also prove that the person actually sold, manufactured, delivered or purchased the substance.  This is typically the case if you bought from an undercover officer or confidential informant or if you sold or delivered to an undercover officer or informant.  In some occasions, however, the police can still charge you with possession with intent if they can prove that you had the substance with the intent to sell, manufacture or deliver.  The typical case occurs when a person is searched and is found to be in possession of a number of individually packaged substances along with money and other drug related paraphernalia.  Oftentimes, however, possession of individually wrapped baggies alone is not sufficient to prove the case beyond a reasonable doubt.

Erick Cruz is experienced in defending people who have been charged in possession with intent cases.  Erick will search for unconstitutional searches and seizures and deficiencies in the evidence.  In the case of confidential informants, Erick will try to ascertain the identity of the informant and exploit the informant’s motives and desires for cooperating with the police.   Erick will take advantage of these errors and deficiencies to get your case dismissed or get the charges and sentence reduced.

Call Erick to discuss your case with him and find out how to get your case dismissed or charges and sentence reduced and arrest record sealed or expunged.