Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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How is intent to sell proven?

All of the drug offenses described in Florida’s state statutes carry with them significant criminal penalties. The potential for facing one such penalty after having been arrested in Jacksonville can be great. Can you imagine how much more so it may be if you are facing multiple drug charges? Often, a drug arrest may not result in just one charge for possession. Depending on the circumstances of your arrest, an added charge of intent to sell may be added on.

The law detailing drug offenses found in Section 893.13(1)(a) of Florida’s statutes leaves little room for interpretation. It states that you may not ”sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver” any controlled substance found on the state’s drug schedules. What may be open to interpretation is how law enforcement authorities are able to determine that you indeed did have an intent to sell whatever substance you were allegedly found to be in possession of.

Many states have designated drug weights which they rely on as indicators of an intent to distribute. However, Florida does not. Rather, officials rely on a number of different factors to try and ascertain your intent. These may include:

  •          The type of substance you allegedly possessed
  •          Whether equipment such as scales, mixing devices, rolling papers and baggies or other packaging were also found when you were arrested
  •          Whether you were in possession of large amounts of money or weapons when you were arrested
  •          The testimony of others implicating your intent

While some may argue that any of the aforementioned elements present a compelling argument, they do not necessarily prove intent. That may be one point you can challenge when answering the charges against you. 

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
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Regular office hours are 7:30 a.m. to 6:30 p.m.

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