Drug Sale or Possession With Intent to Sell
Drug or Narcotics Sales
Each Miami criminal lawyer at DMT excels in defending drug sale and possession with intent cases. An individual charged with sale of illegal drugs or controlled substances or possession with intent to sell illegal drugs or controlled substances face far more severe penalties than individuals charged with simple possession of an illegal drug or a controlled substance. The criminal law firm of DMT has successfully represented hundreds of individuals charged with sale of or intent to sell illegal drugs, for example, sale of cocaine, sale of marijuana or sale of oxycodone. In Miami and the State of Florida selling illegal drugs or controlled substances is always a felony, whether it be cocaine or marijuana. If you or family member has been arrested for selling drugs, immediately contact the criminal defense team at DMT to defend your case.
In order to prove that a person sold an illegal drug or controlled substance, the prosecutor must prove beyond a reasonable doubt that an individual sold or delivered an illegal drug or controlled substance. That means that a person delivered an illegal drug such as cocaine, marijuana, heroine or oxycodone, for example, in exchange for money or something of value or a promise of money or something of value. Typical drug sale cases, especially cocaine, heroine and oxycodone cases, are usually proven by witnesses or confidential informants commonly referred to as “CI’s” or undercover officers who purchased drugs or illegal substances directly from individuals. Other cocaine sale and marijuana sale cases stem from law enforcement officers who conduct surveillance in high crime areas where drug sales usually take place. One officer hides with a pair of binoculars and waits for a drug transaction to occur. Once the exchange of drugs for money is consummated, other law enforcement officers approach the buyers and sellers and arrest them. The Miami criminal attorneys at DMT has successfully represented dozens of clients charged with sale cases, such as cocaine, heroin, marijuana or oxycodone sales.
The penalties of drug sales are significantly more serious than in mere possession cases just because they are sale cases. In addition, penalties are enhanced within 200 feet of a university, public housing facility, or public park, or within 1,000 feet of a property used for religious services. Mandatory prison sentences attach to sales that occur within 1,000 feet of a school or child care facility. Some examples of the increased penalties include:
|Sale of Marijuana||3rd degree felony|
|Sale of Marijuana within 1,000 feet of a school or church||2nd degree felony|
|Sale of Cocaine||2nd degree felony|
|Sale of Cocaine within 1,000 feet or church||1st degree felony|
|Sale of Cocaine within 1,000 feet of a school||1st degree felony (3 year minimum prison sentence)|
Our law firm uses 40 combine years of experience to defend all drug sale cases. Despite the severity of the charges, clients that hire the Miami criminal lawyers at DMT are effective in preventing jail time on sale cases.
Possession with Intent to Sell
In general, possession with intent to sell drugs or illegal substance cases carry the same penalties as the sale cases. However, in intent to sell cases, the prosecutor must prove beyond a reasonable doubt that an individual possessed cocaine or marijuana with the intent to sell. Intent to sell can be brought against an individual based upon the quantity of narcotics, packaging of the narcotics (small plastic bags or baggies) or possession of drug distribution tools such as scales or cutting materials, or possession of large sums of U.S. currency. A good rule of thumb is if a person is caught with less than seven individual packages, the prosecutor will usually only charge possession as opposed to possession with intent. Individuals charged with possession with intent to sell or sale face harsher penalties than those charged with simple possession. See the above listed penalties as they are the same as in sale cases.
To speak with a skilled Miami or South Florida criminal lawyer at DMT about your cocaine sale marijuana sale or other type of drug sale case, or if you have questions regarding any other drugs you may have been arrested for, please contact DMT to schedule your free consultation. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail. We are available every day of the year, 24 hours a day.