Orlando Drug Possession With Intent to Distribute Lawyer

Drug possession with intent to distribute charges represent a serious escalation from simple possession cases in Florida. While simple possession might be treated as a misdemeanor in some instances, possession with intent to distribute is always charged as a felony—carrying potential prison sentences of 5-30 years depending on the substance and quantity involved. These charges can arise even without evidence of actual sales when circumstances suggest distribution intent, such as drug quantity, packaging materials, scales, large amounts of cash, or customer lists.

The Wiseman Law Firm provides aggressive drug crimes defense representation for clients facing possession with intent to distribute charges in Orlando and throughout Central Florida. With over two decades of criminal defense experience and a background as a former prosecutor, Attorney Simon Wiseman and our legal team understand precisely how the state builds these cases—and how to effectively challenge them. We examine every aspect of your case to identify constitutional violations, evidentiary weaknesses, and procedural errors that could lead to reduced charges or case dismissal.

Florida Laws on Possession With Intent to Distribute

In Florida, possession with intent to distribute falls under Florida statute 893.13 and carries significantly harsher penalties than simple possession charges. While simple possession focuses solely on personal use, intent to distribute charges allege you planned to sell or provide the substance to others.

The prosecution can pursue these enhanced charges even without catching you in the act of selling drugs. They look for circumstantial evidence suggesting distribution intent, such as:

• Larger quantities beyond what might be considered for personal use
• Packaging materials like baggies, vials, or other containers
• Digital scales or other measuring equipment
• Large amounts of cash, particularly in small denominations
• Multiple cell phones or communications containing apparent drug transactions
• Customer or contact lists

The penalties vary dramatically based on the substance and amount involved. For example, possession with intent to distribute cocaine, heroin, methamphetamine, or most prescription narcotics is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. If the offense occurs within 1,000 feet of a school, college, park, public housing, or place of worship, it escalates to a first-degree felony carrying up to 30 years imprisonment.

When quantities exceed certain thresholds, these charges may escalate to trafficking offenses, which carry mandatory minimum sentences and substantially increased fines.

Effective Defense Strategies

Successfully defending against possession with intent to distribute charges requires a comprehensive approach examining every element of the state’s case. Our defense team conducts thorough investigations to identify potential weaknesses in the prosecution’s evidence.

Challenging the Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. We carefully analyze whether law enforcement had proper legal grounds for the stop, search, or arrest in your case. If the police conducted an illegal search of your person, vehicle, or residence without a valid warrant or exception to the warrant requirement, we may be able to suppress the resulting evidence, potentially leading to case dismissal.

Disputing Constructive Possession

In cases where drugs were found in shared spaces like a vehicle with multiple occupants or a shared residence, the prosecution must prove you had both knowledge of and control over the substances. We often successfully argue that the state cannot establish these elements beyond a reasonable doubt, especially when multiple people had access to where the substances were found.

Contesting Intent to Distribute

Even if possession can be established, we challenge whether there’s sufficient evidence to prove intent to distribute. For example, we may present evidence that larger quantities were for personal use, contest the interpretation of alleged “distribution materials,” or challenge the reliability of witnesses claiming knowledge of distribution activities.

Negotiating Alternative Resolutions

For first-time offenders or those with limited criminal histories, we often negotiate for reduced charges or alternative sentencing options like drug court programs. These approaches focus on treatment rather than punishment and can result in significantly reduced penalties or even dismissed charges upon successful completion.

The Importance of Experienced Legal Representation

Possession with intent to distribute cases involves complex legal principles regarding search and seizure, constitutional rights, and evidentiary standards. Generic legal representation often fails to identify crucial defense opportunities specific to these cases.

Our defense attorneys meticulously examine whether the state can establish each element of their case beyond a reasonable doubt. This includes challenging assumptions about drug quantities constituting “intent to distribute,” questioning the reliability of informants or witnesses and scrutinizing the chain of custody for all evidence.

We have successfully defended clients throughout Central Florida facing these serious charges, often achieving case dismissals, reduced charges, or alternative sentencing options. Our approach focuses on identifying the unique circumstances of your case and developing defense strategies specifically tailored to those facts.

Contact an Experienced Orlando Drug Defense Attorney

If you’re facing possession with intent to distribute charges in Orlando or anywhere in Central Florida, securing experienced legal representation immediately is crucial. The decisions you make in the early stages of your case can significantly impact the final outcome and your future.

The Wiseman Law Firm brings decades of criminal defense experience specifically in complex drug cases. Attorney Simon Wiseman’s background as a prosecutor provides invaluable insight into how the state builds these cases and the most effective methods to challenge their evidence. Contact us today at (407) 420-4647 or through our contact form to schedule a confidential consultation about your case.

Contact us for a free initial consultation so we can begin aggressively representing you.