In order to secure a conviction for the offense, prosecutors and law enforcement pursuing a charge of drug possession with intent to sell have to prove that intent beyond a reasonable doubt. They can do this with either:
direct evidence, or
circumstantial evidence.
Generally, that evidence does not require proof that the illegal drugs were for sale. It is enough to show that the defendant intended to distribute or deliver them, even when it was not in exchange for anything of value. This is why the drug offense is known under some states’ criminal law as:
possession with intent to deliver (PWID),
possession with intent to distribute, or
drug possession with intent to sell.
Preventing law enforcement from proving this element of the possession charge is crucial. Successfully raising a legal defense can avoid a costly criminal conviction. These convictions are generally felony charges that carry several years in prison, often with a mandatory minimum sentence.
Challenging the prosecutor’s evidence in a drug case is something that a criminal defense lawyer from a local law office can do.