Possession with Intent to Sell
Possession with intent to sell either narcotics, controlled substances or other hallucinogens is a very serious felony for which a conviction could expose you to up to 15 years in jail. If you have been charged with possession with intent to sell do not make any statements or cooperate with Police in any manner until you have spoken with a Stamford criminal defense attorney. These are serious charges and they need to be defended aggressively.
Before the Connecticut Legislature acted to reform Connecticut’s draconian and super tough narcotics possession laws in 2015 (which were previously among the toughest in the United States) the difference between straight possession and possession with the intention to sell was significant but both were felony offenses for which you could be exposed to several years in jail. Also, interesting in many situations under the previous law you could have faced significant mandatory minimum jail sentences under the simple possession statutes but for possession with intent to sell there is no minimum mandatory sentence. The Legislature acted in 2015 to lower the penalties for simple possession of narcotics and controlled substances to a misdemeanor level offense punishable by only up to one year in jail. After this development the difference between having a charge of “possession with intent to sell” added can turn a simple misdemeanor case into a much more serious situation in which you are exposed to up to 15 years in jail for a first offense.
Many Stamford criminal defense lawyers who frequently work defending drug and narcotics charges would concur that very often Police will up charge and add a charge of “possession with intent to sell” in cases which clients have been apprehended with very small amounts of drugs. Often in these cases the manner in which the client has the narcotics or drugs packaged gives the Police a rational for alleging there was “some intention to sell.” In other cases the presence of plastic bags or other packaging materials provides the basis for the enhancement of the charge to “possession with intention to sell.” Possession with intent to sell is a very serious offense and carries some serious exposure to jail time, up to 15 years for a first time offender and years of probation. So if you have been charged with this crime, even if the amount of drugs involved was very small and it does not seem that serious to you, it is a very serious case and you should contact a Stamford criminal defense attorney as soon as possible.
The regrettable part about this Police tactic of frequently and liberally adding the possession with intent to sell allegation even in very minor possession cases is that they are in effect nullifying the purpose and intent of the Legislature’s liberalization of the State’s drug policies in 2015 when the Legislature acted to lower the penalties for mere possession of narcotics and controlled substances. The Legislature’s plan was to keep people with drug problems out of Courts and jails and instead get them into treatment programs thereby saving the State millions of dollars in revenue spent on jailing low level drug offenders caught in possession of narcotics. Also, statistics have demonstrated that the Court system and incarceration is not an effective tool in fighting drug addictions and use. Treatment programs are by far a much more effective method to address the problem of drug dependency in our society. By adding the charge of “possession with intent to sell” in situations where it is clear that the accused is not a drug dealer but rather a drug dependent drug user, Police are thwarting the Legislature’s policy initiative and making it much more difficult to resolve those cases. The addition of a charge of possession with intent to sell will turn what would have been a minor misdemeanor possession charge into a severe felony case. Just because the Police have elected to up charge you with the “intention to sell” allegation does not mean that that allegation is going to stick. Depending on the specific facts and circumstances of your case there are many strong defenses to these allegations. Call an experienced Stamford criminal defense attorney today to go over your case and defend your liberty.The Statutory Citation for Possession with Intent to Sell –Narcotics and Controlled Substances Other Than Marijuana 21a-277(a)
Stamford criminal defense attorneys will agree that “possession with intent to sell ” is cited in C.G.S.A. Section 21a-277(a). A common misconception that many clients have is that they have to have been caught actually selling drugs to be charged with possession with intent to sell. This is not true. The statute itself does make it illegal to sell, manufacture, distribute, dispense or transport any quantity of narcotics, a controlled substance or hallucinogens other than marijuana with the intention to sell them. However, the statute goes further and broadens the scope to include the possession of any quantity (no matter how small) of any narcotic or controlled substance other than marijuana “with intent to sell.” There are several ways in which a Court would be convinced that you had a possession with intent to sell. One obviously would be if the Police had evidence of you actually making sales of narcotics. Another is when the sheer quantity of the drugs you possessed was so large that the inference could be implied that you were dealing drugs. A third way is when you are in possession of the drugs packaged in a manner for sale. This means that the drugs are broken down into small packages for sale on the street. Another way is when you are caught in possession of packaging materials and other equipment utilized by drug dealers to compound and process and package drugs for retail sale this could raise the inference that you had an intention to sell the drugs which were under your possession.
A conviction for a violation of C.G.S.A. Section 21a-277(a) is a serious crime and carries a penalty of up to 15 years in jail and a $50,000 fine plus the possibility of years of probation. This is a serious felony and will have a life changing impact upon your reputation and ability to secure employment and a ability to find a place to live. If you have been charged with possession with intent to sell DO NOT make any statements to the Police. Do NOT allow the Police to search your home unless they have a valid search warrant. You should call a Stamford criminal defense attorney at your earliest opportunity to review your case and get some legal advice.Police Charging Casual Drug Users Apprehended with Small Quantities of Drugs with “Possession with Intent to Sell”
Many top Stamford criminal defense attorneys have observed that their clients who may have are been apprehended by Police in possession of small quantities of narcotics for personal consumption who are being charged with possession with intent to sell due to the fact that they may have had a small scale with them which they use to test the weight of the drugs that they purchase and also in addition in some instances some plastic bags which they may have been using to separate their stash into more manageable sized packages to carry with them. Apparently, this is often enough to get local Police to charge you with the serious crime of possession with intent to sell. Additionally, in some situations it is the practice of some clients to have their drugs separated in two or three individual bags or jars. It is apparent that these individuals are merely drug dependent drug users who for one reason or another chose to not hold all of their drugs in a single bag. It is often apparent from the totality of the circumstances that these individuals are not drug dealers and have no intention to sell drugs. Despite the obvious circumstances, and in defiance of the intention of the Legislature in recently lowering the penalties for mere possession of narcotics, the local Police are still very frequently up charging clients with “possession with intent to sell.” If you are facing this situation we are here to defend you against these exaggerated and over reaching allegations. Many clients mistakenly think that because they have been caught with only a relatively small quantity of drugs that the offense charged is minor and not that serious. However, make no mistake possession with intent to sell is a very serious allegation which exposes you to a lengthy period of incarceration upon a conviction and as such it needs to be addressed seriously. If you have been arrested for possession with intent to sell you should contact a Stamford criminal defense attorney to get some legal advice, review your rights and defense options.The Casual User Trying to Support a Habit Who Starts to Make a Few Sales
Top Stamford criminal defense attorneys often see clients who are trying to support a drug addiction and will turn to selling some drugs in order to support their habit. In these situations there may be some veracity to the claims that the circumstances as a whole demonstrated that the accused did have an intention to sell narcotics. Of course every case is fact driven and stands on its own unique circumstances. In order to properly evaluate if the Police have enough evidence to establish a valid possession with intent allegation we need to review all of the facts of the arrest and all of the State’s evidence very carefully. No two cases are the same. Often there is no black and white conclusion in these type of cases. There is often a lot of grey area and the careful analysis of each and every detail of the case is the only way to determine if the State has a solid case or not.
The defense position is that the State is stretching the facts to allege that these individuals actually had possession with an “intent to sell” as opposed to just as opposed to just being drug dependent individuals in possession of drugs for their own consumption. In these situations, our objective is to verify that the individual is indeed a drug dependent individual often through a substance abuse evaluation. Then we would get the client started with some form of drug treatment program as soon as we can. Positive treatment updates and reports that the client is making progress towards getting off of drugs will go a long way towards getting a positive resolution of the charges in these cases. Armed with successful treatment reports often we can work with the State to negotiate to drop the possession with intent charges down to the less serious misdemeanor possession crimes or alternatively we can apply for the drug education program which if completed would result in a dismissal of all the charges. If you are a drug dependent individual who has been charged with possession with intent to sell then contact a Stamford criminal defense lawyer for a free initial consultation to go over all the facts and circumstances of your case and let us develop a defense plan to resolve the allegations you are facing.Large Scale Drug Dealers Who Have Been Arrested and Charged with Possession with Intent to Sell
In many situations we are representing clients who have been apprehended with large quantities of drugs and paraphernalia which are clearly in the range of possession with intent to sell based upon the large amount of narcotics involved. Very often in these cases the Police will throw the book so to speak at these clients and seemingly charge them with every drug crime statute on the books. So, in these situations it is not uncommon to see allegations of operation of a drug factory, sale, possession, possession within 1500’ of a school or housing project and others all lumped together along with possession with intent to sell. In 25 years of experience defending the rights of individuals charged with violation of drug crimes we have in some instances represented individuals who have been apprehended with very large quantities of narcotics.
Obviously in these cases we need to employ different defense tactics to obtain a favorable result for our clients than in the other situations that I have discussed. When the State’s Attorney has a client facing these kind of allegations often they will look to coerce clients into accepting plea offers which involve significant periods of incarceration. If the facts and circumstances of the case do not warrant this kind of outcome I am prepared to stand up against the State and fight hard on behalf of my clients to obtain a just and fair resolution of their cases. As with any drug crime defense case the defense strategy must be based upon the specific facts of the individual case in question. We start with an in depth review of all of the circumstances surrounding the arrest. Often in drug crimes the officers will act hastily and overlook basic Police procedures which lead to violation of constitutional rights of the accused. In these situations we will act to file motions to suppress evidence obtained in violation of your Constitutional rights.
Most possession with intent to sell allegations are supported by the testimony of Police officers. We go over every aspect of the Police reports and any witness statements to find any errors or inconsistencies which can form a basis for our defense. Based upon these errors and inconsistencies that arise in the normal course of hasty police practice we may be able to attack the credibility of the Police officer’s testimony and expose weaknesses in the State’s case. The State has the burden of proving its case beyond a reasonable doubt. Our job is to expose the doubt and highlight it for the jury. To achieve the most favorable result possible in these type of serious drug allegations the defensive plan must be tailored to the facts and circumstances of the individual case. If you were arrested for or you are under investigation for running a drug dealing operation you should call us immediately for a free initial consultation to discuss all of the facts and circumstances of your case so we can plan the best possible defense strategy available to defend your case and obtain the best possible result. Do Not make any statements to the Police without first speaking with a Stamford criminal defense attorney.Defending “Possession with Intent to Sell” Allegations
The drug law statues are rather complex and a proper analysis of any case involves carefully making sure that the Police have properly charged the accused and that the facts as alleged fit the specific statute which has been charged. It is apparent that the local Police are not on board with the Legislature’s recent steps to decriminalize and lower the penalties for drug offense and seem to be as motivated as they ever were to employ the most serious statutes on the books whenever they possibly can use them. The good news is that Court’s and State’s Attorneys often can be convinced to reduce the charges that the Police have filed and in many cases even allow defendants an opportunity to participate in drug education programs which will result in the dismissal of all charges.
The best Stamford criminal defense lawyers would agree that every possession with intent to sell case is unique. You have to treat these cases very seriously due to the very serve penalties you can face with a conviction. In most cases we see the Police charge possession with intent to sell under circumstances in which a reasonable jury would not find that the accused demonstrated an “intention to sell.” For these reasons the defense of an allegation of possession with intent to sell is dependent upon the facts of the individual case, the background of the accused and whether or not the accused is drug dependent. In possession with intent to sell cases the details are what drives the organization of a winning defense strategy. Every defense of a possession with intent to sell allegation should start with a detailed free initial case evaluation with a criminal defense lawyer serving Stamford. During this initial consultation we can carefully analyze all of the facts concerning your arrest, background and develop a defense plan specifically tailored to achieve a favorable resolution of your case. I understand the stress and confusion that clients face when having a serious case pending in the criminal justice system. When the future is uncertain and you have no idea how long it will take to get your case resolved this can be a very stressful situation. When we meet for our free initial case consultation I will answer some of these questions that you have on your mind and explain how the process will work.
Some of the case details which we will discuss which are important to review when planning to defend a possession with intent to sell case are:
- All of the details about your arrest
- Were there any other parties present when you were arrested?
- Prior arrest record
- Prior use of diversionary programs
- Are you on probation?
- Type of drugs seized, location found, packaging and quantity
- Can we claim that you are “drug dependent?”
- Would you be willing to participate in drug treatment?
- Are you an undocumented alien? If so your case will require special attention due to the recent initiatives of the Trump administration
The Law Offices of Allan F. Friedman will review numerous resources to carefully examine every strand of the State’s case in order to develop the best defense for each client. Attorney Friedman will spend the time to learn every detail of your case so that we can properly strategize with you to determine what the best defenses strategy would be to utilize on your case.Defense Strategies to Defend Possession with Intent to Sell Allegations
The good news is that there are actually a lot of different techniques which can be utilized by an experienced drug crimes attorney to help you and achieve a favorable outcome in your case. I defend drug cases with a very aggressive and zealous defense posture. Some of the defense strategies that we utilize to defend drug charges include:
- Review the Police reports to look for hasty Police work and possible violations of Constitutional rights that could provide a basis for a motion for suppress evidence on the basis that the arrest or stop was an illegal stop or seizure
- A medical doctor issued a valid prescription for the drugs
- The circumstances of your arrest do not establish proof beyond a reasonable doubt that you had the intention to sell drugs
- In situations in which multiple individuals are present in the same dwelling or vehicle that the drugs were not in your possession and that you had no knowledge of the drugs
- You are drug dependent
- You are eligible for a drug treatment program
- Go over the weighing and testing process employed by the Police
- The State may not have enough evidence to prove beyond a reasonable doubt that you were in possession “with intent to sell” at a Jury trial
Contact a Stamford criminal defense lawyer today!Let Us Fight Your Possession with Intent to Sell Case!
Drug crime allegations are very serious crimes. The punishment for a conviction of possession for intent to sell can carry up to 15 years in jail. So no matter what type of narcotics charge you are facing you should immediately contact the Law Offices of Allan F. Friedman . Speak to us before you talk to the Police. We offer you a free initial case consultation. We have 25 years of experience defending drug crimes allegations throughout the State of Connecticut. Having an experienced drug and narcotics crimes attorney fighting on your side can give you the best possible opportunity to have your possession with intention to sell case dismissed or reduced down to a lesser charge.
If you have been arrested for operation of a drug factory of any drug crime in Bridgeport, Weston , Norwalk, Fairfield, Cos Cob ,Stamford, New Canaan , Greenwich, Darien, Wilton , Westport, and throughout the County of Fairfield do not hesitate to contact the Law Offices of Allan F. Friedman. Our rates are reasonable and we offer payments plans as needed. Call Attorney Friedman at (203) 357-5555 to schedule your free initial consultation we are available 24/7. Or you can contact us online for a prompt response.