Legal Question in Criminal Law in Florida
Intenet
what is the smallest amount of cocaine a person must possess in order to be charged with possession with intent to sell?
2 Answers from Attorneys
Re: Intenet
there is no magic number. it could be just residue, but other circumstances indicate a sale.
Re: Intent
The weight of the cocaine is not an element of the crime. The State may be able to prove possession of cocaine with intent to sell by the surounding circumstances, such as how the drugs were packaged, cash with the drugs, baggies, scales, and so forth. The amount of drugs can obviously help the state prove an "intent" to sell, but a large quantity is not required. The State will take all the surounding circumstances into consideration when making a determination of how to formally file charges. If you would like my firm to review your charging affidavit in detail, contact my office, we provide free consultations.
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