(184) What is Possession vs Possession with Intent to Sell in FL? – Michael Haber Miami Lawyer

April 4, 2017 / Michael A. Haber /

Thank you for asking me “What is the difference between Possession and Possession with Intent to Sell in FL?”

Simply stated: The Difference between possession and possession with intent to sell is 10 years.

Except for possessing less than 20 grams of marijuana, possession of any controlled substance in FL is a 3rd degree felony (punishable by up to 5 years in prison) but possession with intent to sell, or to distribute (also called “PWID”), is a 2nd degree felony (punishable by up to 15 years in prison).

If you are caught during the act of selling then the State’s job is easier, but you can be charged with PWID even where no sale was witnessed by the cops.

For instance, consider the difference between being caught with one ounce of marijuana (for those of you who don’t know one ounce contains 28 grams) in one baggie vs. being caught with the same ounce of marijuana packaged in 8 separate 1/8 ounce baggies.

In a case like that it is the circumstances of the possession that can be the difference between a 5 and a 15 year felony.

But still, in order to prove your intent to sell or distribute the State must convince a jury that you had the intent to sell, and in FL “sell” means “to transfer or to deliver something to another person in exchange for money or something of value or a promise of money or something of value”.

So, if you are caught red handed transferring dope for cash then your defense will be tougher than if you are simply caught in possession and the cops want to attribute intent to sell or distribute to you. In the latter case the difference maker is likely to be the quality, skill and experience of your criminal defense attorney.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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