The court and the police take selling drugs much more seriously than recreational possession. They do not care if it was your first time or that you were just selling it to a friend. If you are caught trying to sell drugs, you will likely face felony charges. A conviction could stay on your record for a very long time and almost always comes with major fines and the potential for time behind bars.
You need to speak with a lawyer as soon as possible. Before you talk to the police or consent to an interrogation or search, you should call for an attorney. You have rights. Protect them by calling our Raleigh office right away at 919-805-3364.
How The Court Defines Possession With Intent
Possession with the intent to sell has several different elements that the prosecution will have to prove to convict you. Each element must be proven beyond a reasonable doubt. A prosecutor must prove the following:
- Possession of a quantity greater than for personal use. This can mean that you had the drugs on your person, had stored the drugs in a place to which you had access or had some arrangement in place to receive or transfer drugs.
- Knowledge that you were participating in the sale of drugs. This means showing that you had some knowledge of what was happening and were not an intermediary simply delivering a package.
- Intentional action. Not only will they try to show that you knew your actions had the effect of selling drugs, but also that you chose to participate in the sale knowing that you were selling drugs.
In a sense, the prosecution will be trying to show that you had drugs and chose to make a sale, knowing that the drugs were a part of that sale.
A Felony Conviction Changes Your Future
Felonies are no laughing matter. You may very well have a bright future in front of you. You may be set to graduate, have a job lined up and be ready to settle down with your current boyfriend or girlfriend. A felony conviction will take that bright future away from you.
A possession with intent to sell conviction means a felony record, jail timeand huge fines. At Hale Law Firm, PC, in Raleigh, North Carolina, we can help you minimize or avoid charges and severe sentencing. To benefit from our 25 years of criminal defense experience, send an email.