In Ohio, intent to sell drugs is based on many factors. Generally, authorities will consider the amount of drugs a person is carrying, witness testimony, and other information. If they have a wealth of evidence, they may be able to prove intent, leading to a conviction.
Koffel Brininger Nesbitt has been Ohio’s premier criminal defense law firm for over three decades. If you have been charged with intent to sell drugs, our legal team can help you out. Contact us today to speak with our Columbus drug crime defense lawyer.
What Intent to Sell Drugs Means
If a person intends to sell drugs, they plan to offer them to another party. In a scenario where an individual wants to offer controlled substances for sale, they may face severe penalties. Examples of controlled substances in Ohio include:
- Ecstasy
- Cocaine
- Heroin
- Marijuana
- Methamphetamine
Per Ohio Revised Code (ORC) §2925.03, it is illegal to sell or offer to provide a controlled substance to someone else. Much in the same way, it is against the law to distribute this type of substance to another person who plans to resell it.
In either of these situations and others, an individual may be charged with possession with intent to distribute.
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Intent to Distribute Drug Penalties
Do not expect the legal system to take it easy on you if you are charged with possession with intent to distribute or possession of controlled substances. The penalties you receive can vary based on the amount of the substance you are carrying and other factors. They may include:
- Up to five years in prison and a fine up to $10,000 if you are in possession of anywhere between the substance’s bulk amount and up to five times this amount
- Up to eight years in prison and a fine of up to $15,000 if you are in possession of at least the substance’s bulk amount and up to 50 times this amount
- Up to 10 years in prison and a fine of up to $20,000 if you are in possession of at least the substance’s bulk amount and up to 100 times this amount
A drug crime defense lawyer in Columbus may help you contest your charge. Let the lawyers at Koffel Brininger Nesbitt help you with your criminal defense case. For more information, reach out to us.
How a Prosecutor Will Try to Prove Intent to Sell Drugs
The prosecution will do everything within its power to build a compelling case against you. As part of the prosecutor’s efforts, they will craft a legal strategy. They may use any of these techniques to try to strengthen their argument against you:
Reviewing Your Communications
There may be an evaluation of communications between drug buyers and sellers. These give the prosecution a glimpse into what has been said between you and other parties. In some instances, a person may wear a recording device while undercover in the hopes that you will say something that can be used against you down the line.
Looking at the Drugs in Your Possession
If you have an abundance of drugs in your possession, a prosecutor may believe you are guilty of drug trafficking. A lawyer can give you insights into what drug trafficking is under Ohio drug laws. They may help you find ways to show the drugs you had were for personal use or did not actually belong to you.
Questioning Witnesses
Someone may say you planned to sell them drugs or previously did. The witness can make a statement to the prosecution, which may hurt your chances of disputing your charge. If you have an experienced drug crime defense lawyer at your side, you may be able to raise doubts about any witness claims.
One of the best things you can do to contest a drug crime charge is to hire an attorney who has a proven track record. This lawyer has helped past clients achieve outstanding case results. They can apply their legal knowledge and insights to your case, helping you prepare a compelling argument.
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How to Prove You did Not Intend to Sell Drugs
The prosecutor has the burden of proof, and they must make it clear to the court that your intent was to sell drugs in the first place. To validate their case, they may collect a wide range of evidence. Proof commonly used to show an individual planned to sell drugs includes:
Documents
Text messages and emails may highlight plans to sell drugs. They may also contain information about the drugs you were going to sell and their respective amounts. Regardless, your attorney may help you provide context to these documents so you can show the court that what is included in them is invalid.
Witness Testimony
A witness may say that they saw you selling drugs or knew you were planning to do so. In this scenario, your attorney can question the witness to find out why they are saying these things. They may be able to prove a witness was pressured to speak out against you or say things that are untrue.
Circumstantial Evidence
The prosecution may show that you had drug scales, packaging materials, and other items that indicate you were planning to sell drugs. Yet, just because you have these items in your possession does not mean that you should be convicted of a drug crime.
Your attorney may help you prove this point, which can make it difficult for the prosecution to get a conviction. If you are concerned your drug charge will lead to a conviction, seek legal help. By working with a lawyer who has received many positive client testimonials, you can get the legal services and support you need to craft a strong defense.
With your attorney’s guidance, you can avoid legal mistakes and put yourself in the best position to avoid prison time, fines, and other penalties.
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Request Help from a Drug Crime Attorney
Koffel Brininger Nesbitt is a leading privately retained criminal defense law firm in Ohio. If you have been charged with a drug crime, our team can help. Contact us today to schedule a free case evaluation.
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