The Fine Line between Possession and Possession with Intent to Sell

Police officer charging defendant with possession with intent to sell.A drug possession charge is a bad thing to face in the courtroom, but a drug charge with intent to sell is much worse. The charge a person is facing depends on how they had the drugs in their possession. If they had a large amount of drugs and that’s it, they could claim that they intended to use the drugs personally.

However, if a person has their drugs individually packaged and also has a scale with them, they are going to be charged with the intent to sell. This charge is much worse because it means that a person was planning on distributing the drugs in their neighborhood and negatively impacting other people’s lives.

No judge looks fondly upon someone who is getting people hooked on drugs and distributing them.

What Other Things Determine An Intent To Sell Charge?

In addition to having individually packaged drugs or a scale, there are other things that can determine intent to sell as well. For example, if someone has two or three cell phones on their person when they are arrested, this can also be grounds to get charged with intent to sell.

Most dealers carry several cell phones so they can determine who is calling them before they even reach into their pocket. When their dealer phone rings, they know that they have someone trying to reach them to buy drugs. Police may examine the cell phone in question and determine if it was a phone used for dealing by examining the length of each phone call and reading the text messages in the phone.

Another thing that plays a role in whether someone is charged with intent to sell is if they were under surveillance by the police before the arrest is made. If the police were watching the person they suspect to be a dealer and have video evidence of several people visiting the home per day, this can be grounds to have someone charged with intent to sell as well.

People walking inside a home and leaving a few minutes later is a huge indicator that the person inside the home is selling drugs, and the police may stake out a home and record this process so they have solid evidence when they make their arrest.

Having large amounts of money is also a major reason people are charged with intent to sell. Most drug users don’t carry a lot of cash, especially if they are simply trying to support their habit. However, a dealer will have plenty of cash so they can provide their customers with change and keep their business flowing smoothly.

Being arrested with drugs and ample cash may cause someone to be charged with the intent to sell rather than a simple possession charge.

Hiring a Lawyer to Defend Your Case

When a person is arrested for a drug possession charge or charged with the intent to sell, they need to hire a criminal defense attorney to defend them in the courtroom. A drug lawyer will be able to bring up important facts that may cause the intent to sell charged to be reduced to simple possession.

For example, if someone uses drugs and they just got paid the day before, they could have a lot of cash on them for that reason alone. Consult with a lawyer about your case to see what they can do for you.

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