Drug Possession vs. Intent to Sell: Top Differences
Tijuana, Mexico has strict anti-drug policies. Possession of drugs more than the allowed limit results in serious penalties and fines.
There is, however, another type of drug offense that can lead to even more severe prosecution: intent to sell. Possessing a controlled drug like weed, marijuana, or cocaine and selling it is a serious Federal level offense.
The main difference between the two types of drug crimes in Tijuana is the intensity of punishment. However, sometimes, prosecutors find it difficult to determine whether or not possession includes the intent to sell. This is where a criminal defense lawyer like Fabian Meneses can help.
In this blog, we’ve differentiated between drug possession and intent to sell in detail.
Determination of Intent to Sell with Possession
According to Mexico’s Federal Law System, both possession of controlled drugs and intent to sell are subjected to serious punishment. However, if an individual only owns regulated drugs for personal or medicinal purposes, they cannot be charged.
When an individual is charged with drug possession and the police suspect there was an intention to sell, the case may get complicated. First, to successfully convict the individual, the prosecutor will have to gather the following list of elements:
- Prove that the individual knowingly purchased controlled drugs and wanted to sell them
- The individual possessed enough quantity to sell the drugs
Factors that Prove Intent to Sell
When a prosecutor is looking for proof of intent to sell, their first target is easy-to-reach storage points. These may include the prosecuted person’s bag, pocket, house, or car. This can make the prosecutor think that you hid the drugs and tried to destroy them due to fear or apprehension.
Intent to Sell Requires Confession While Possession Doesn’t
The next thing prosecutors will need to convict you for an intent to sell charge is a confession. The prosecution may also strictly base the case on circumstantial evidence. Having an adept drug crime and criminal defense lawyer by your side can help you argue that you possess drugs for personal use only.
How Does Amount of Drugs Affect Your Case
In general, having bulk amounts of drugs in possession can automatically lead to an intent to sell charge. This can also be the officer’s ground for detaining a person. If you’re unable to prove the reason behind owning large amounts of drugs, you will be charged at a federal level.
Hire Qualified Drug Crimes Lawyer in Tijuana, Mexico
If your judge states that your detention is lawful, you’ll need a bilingual criminal defense lawyer in Tijuana, Mexico. When it comes to choosing an experienced drug crime, gun crime, sexual assault, or a cross-border lawyer, look no further than Fabian Meneses.
Reach out to Meneses Legal for qualified bilingual criminal defense attorneys, sex crimes lawyers, cross-border crime lawyers, and more.
Get in touch with us at (664)500-6896 in Tijuana or (619)777-8627 in San Diego.
