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I use drugs, but I have never sold them. The police arrested me with some heroine and charged me with possession for sale. Is that right?
The law does not require the police to prove you DID sell, just that your intent was to sell. This is done by the circumstances of the possession and by expert opinion of the police.
Many factors will be relevant to proving that a person’s intent was to sell, rather than personal use. One is the person’s typical level of usage. Another is packaging. Many small units (balloons, bindles, baggies) tend to show that it was pre-packaged to sell. Where the drugs are found and what is found with them is often a key factor. Three bindles of heroin may well be for personal use, but maybe not if they are found in your pocket as you stand on the street corner at 2:00 a.m. in the prime drug dealing district.
If the drugs are found with scales for measuring quantity, (and especially if there are drug traces on them), or with large amounts of cash (like 100- $20 bills), customer lists, boxes of tiny plastic zip lock bags, or a weapon, police or a jury may well draw the “for sale” conclusion.
Evidence of statements a suspect made in front of witnesses that show an intent to sell drugs may provide the missing legal intent to prove a “drug sales” charge. In addition, experienced narcotics officers will be allowed to testify that from their experience these factors and the quantity found are consistent with an intent to sell the drugs.
Let’s not get hung up on the “for sale” words either. In most jurisdictions it does not matter if the drugs are to be sold for cash, given away, or “loaned.” If the prosecutor can prove an intent to “distribute” illegal drugs, it’s good enough.
(Updated December 5, 2007) |
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