When Does Drug Possession Become Intent to Sell?
Those caught with illegal substances should be aware that an “intent to sell” charge is far worse than a simple possession charge alone. But that brings up a question that many convicted of drug possession, or more, may want to know – when does the possession of drugs become intent to sell? Certainly, there are some instances when the accused may not have been looking to sell, but the police officer may see it a different way just based on the quantity of the substance found or due to other factors surrounding the arrest.
There are a few factors that may indicate the intent to sell according to law enforcement.
The two most well-known scenarios that indicate to a police officer that there was an intent to sell an illegal substance include the accidental sale of an illegal drug to an undercover agent, or simply admitting to the offense. These two are guaranteed to lead to an intent to sell charge. But how do others get charged with this when they did not admit, nor sell to an overcover agent? Suppose the person selling had a gun on them at the time of their arrest. This, in the police officer’s eyes, is enough to issue an intent to sell charge.
Another piece of evidence that can lead to an intent to sell charge is the possession of a large sum of cash or large quantities of the illegal substance found on your person. Also, if you are standing in an area of high drug trafficking volume with any amount of drugs in your pocket, the police officer can likely charge you with the intent to sell as well. Lastly, having any kind of paraphernalia such scales on your person or in your possession at the time of your arrest, or having chemicals that are used to manufacture drugs, can also assist the officer in justification for charging you with the intent to sell.
What should you do if you’ve been charged with intent to sell?
If you have sold to an undercover agent, or have admitted to the crime, there is likely not much you can do at this point in time besides to hire an experienced attorney to try and downgrade your charges. However, if you did not sell anything, and the police officer simply assumed you were going to, there may still be some other options available to you.
Talk To An Experienced Criminal Defense Attorney
John W. Tumelty is an experienced criminal defense attorney in southern New Jersey. He has represented juveniles accused of a wide array of crimes, such as drug possession (or distribution), DWI/DUI, assault, theft, and disorderly conduct. We want your child to get a second chance, and we’ll aggressively work to ensure your child doesn’t obtain a lifelong criminal history. Contact Mr. Tumelty for an in-person consultation, available 24/7.
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The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship.