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Practices > Drug Offenses > Possession for Sale of Narcotics

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When a person is discovered to be in possession of a controlled substance, the investigating officer is looking to determine whether that person had the intent to personally use the drugs in their possession or the intent to sell/distribute those drugs to others. Some factors they look for to try and allege the intent to sell/distribute are:
  • Possession of scales/measuring devices
  • Possession of plastic baggies/smaller containers for dividing quantities
  • Possession large amounts of cash and/or the size of the bills themselves
  • Possession of more than one cellular phone/beeper/pager/pda
  • Possession of deadly/dangerous weapons
  • Address books/list of buyers
  • Location of arrest
Manufacturing, delivering, or possessing with intent to deliver or sell a controlled substance is a crime with escalating penalties. The severity of the penalties depends on the drug involved, the quantity of the drug, and the offender's prior criminal record, if any. It is important to note that there are also three crimes that serve as "enhancement crimes." The sentence for these "enhancement crimes" is double or triple what it might otherwise be for distributing that particular amount and type of drug under other circumstances. The 3 enhancement crimes are:
1. Distributing controlled substances to people who are under 21 years of age.

2. Distributing controlled substances near a school.

3. Causing people under the age of 18 to violate drug laws.
Penalties for all drug crimes are always serious. They may include jail/prison time, a fine, seizure of assets (including vehicles), loss of a driver's license, and being required to register as a narcotics offender. Because the potential penalties are so severe, it is critical to obtain an experienced and knowledgeable criminal defense attorney as soon as possible. At WILL & WILL, LLP, our lawyers have defended against almost every type of drug possession case. Call us to discuss your case and find out how we can help you.

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