How Can I Prove That I Had No Intent To Distribute Drugs In Florida?

In Florida, most criminal charges for the possession of illegal drugs are felonies. However, not all felonies are the same. Authorities can enhance drug charges for a number of reasons, making them more serious. One of the most common enhancements is adding “intent to sell” to the possession charge.

As an example, the possession of cocaine is typically a third-degree felony. But if authorities say it was possession with intent to sell, the charge becomes a second-degree felony. The maximum punishment increases from five years to 15 years.

Notably, it’s not the defendant’s job to prove that there was no intent to sell. It is the prosecution’s job to prove that there was an intent to sell, and many times, when the prosecution charges intent to sell, they cannot prove it.

The Evidence Does Not Always Add Up

It is actually harder for the prosecution to prove intent to sell than most people realize. Even so, law enforcement officers will frequently add intent to sell to their charges after an arrest. They may base their decision on the things they find at the scene, such as:

•      Individually packaged baggies
•      Vacuum pack bags
•      Grinders
•      Other paraphernalia

When law enforcement officers find these items, they may assume that their suspect is going to break up the drugs and distribute them. However, the fact is that these items are common among recreational users. Recreational users often have grinders or other things along those lines. They often have paraphernalia with which to use the drugs. So, these types of evidence rarely stand up on their own.

There Are Times When Law Enforcement May Have A Strong Case

There are times when law enforcement will have a stronger chance to prove intent to sell. In these situations, they have evidence that applies more directly to sales, such as:

•      A ledger
•      Text messages
•      Eyewitness evidence

If law enforcement finds text messages that set up a drug deal or they watch someone conduct a sale, that strengthens their ability to say that there was an intent to sell.

Without this type of evidence, it’s not always a strong case to say that someone intended to sell drugs just because they had individually wrapped baggies or other paraphernalia in the car.

Do Not Accept Wrongful Charges

Again, the difference between possession and possession with intent to sell can equal multiple years of prison time. That means that it’s vitally important to argue against any overcharging.

It is important to understand that people are not formally charged right when they’re arrested. The officers can suggest whatever charges they want, but it is ultimately up to the prosecutor to file formal charges.

Prosecutors do not have to stick with the charges that the officers recommend. If the officers say possession with intent to sell, the prosecutor’s going to look at the case and decide whether to formally charge the defendant with intent to sell or simple possession.

That’s why it’s so important to work with an attorney who will proactively get involved. A good defense attorney can be your voice at the table while the prosecutor’s deciding how to file formal charges. You can look at the details and the evidence and help the prosecutor understand when there’s insufficient evidence to prove intent to sell. Will they be able to prove intent to a jury beyond a reasonable doubt? If your attorney can help them see where the evidence is weak, then you may prevent that overcharge from making its way into court.