The courts in most states are a lot harder on drug sellers than they’re on customers. As a result of politicians and legislators view medicine as a direct reason for criminal activity, they usually goal the supply. Many states prosecute suspected sellers to the fullest extent of the legislation. A conviction for the crime of possession with intent to promote a managed substance is punishable by fines, probation, and jail or jail time.
Doable Outcomes
Drug crimes are typically primarily based on the kind of managed substance and the quantity that was seized by authorities. A defendant could also be charged with the crime of trafficking if he has a sure amount of a sure substance. For instance, if an individual is caught with over 28 grams of cocaine within the state of Florida, he might be topic to the state’s necessary minimal sentence for trafficking, which is 3 years in jail and a $50,000 tremendous.
With all different issues being equal, possession with intent to promote is just not fairly as critical a cost for a drug crime legal professional to defend in opposition to. It falls someplace between easy possession and trafficking. A defendant could also be charged with the crime if the police and prosecutors imagine that the seized medicine weren’t merely for private or leisure use. A number of issues that will make them this conclusion embrace: the presence of drug paraphernalia, equivalent to scales or baggies on the scene, the way in which it was packaged, the sort and/or portions of the substance, the presence of weapons, and an admission by the accused to police or prosecutors that he supposed to promote the products 성범죄변호사.
Doable Authorized Defenses
Regardless of how dire the outlook, an skilled drug crime legal professional can assist. Legislation is all about process, and if the police or prosecutors overstepped their bounds, it is perhaps potential to get the fees lowered or dismissed. For instance, if the unique search was carried out with out a warrant or if the suspect was illegally detained, the fees in opposition to him could not stand. It’s also essential to notice that intent is a troublesome factor to show. Until the accused really admitted that he was planning to promote the seized substance, he could solely be topic to easy possession.
An legal professional may additionally construct a protection primarily based on the presumption that the defendant had no intention of promoting or distributing the unlawful substance. If he can persuade the decide or jury that the substance was for private or leisure use solely, then the defendant wouldn’t be topic to a distribution cost. In that occasion, the prosecutor would possibly drop the fees. Within the worst-case situation, the prosecutor would possibly provide a deal for easy possession, which is a far much less critical crime in most states. Many states even provide rehabilitation packages as a substitute of jail time for people who find themselves convicted of possession.
A drug crime legal professional may assist you to defend your authorized rights for those who have been charged with possession with intent to promote a managed substance.