September 3, 2014 A common felony in Washington State is criminal possession of a controlled substance or possession with the intent to sell. There is no amount of drugs or minimum weight required under this crime. One can be found guilty of this crime even when he possesses a minute amount of drugs, so long as the prosecutor can prove the person intended to sell the drugs. Proving Intent The aspect of intention of this crime can be demonstrated in one of several ways. Undercover officers may see individuals make several suspicious hand-to-hand exchanges with obvious drug buyers. Upon arresting, if the officers find drugs in the seller’s possession, they can charge the seller with possession with the intent to sell. The intent element can also be inferred by the quantity of controlled substance found in the suspect’s possession. If it exceeds what might be considered a quantity fit for personal use, then a jury might find the person intended to sell it. Intention can also be proven by the packaging of the controlled substance (as well as other paraphernalia) in the person’s possession. One’s guilt may be shown where the controlled substances are individually packaged in small amounts for distribution to multiple buyers. This can also be proven if the person has numerous small, empty bags or vials seemingly waiting to be filled for sale. Of course, the intent element can always be proven with statements made by the suspect. The possessor of the controlled substances might make an incriminating statement to an undercover officer, on a wiretapped telephone, or even to a prosecutor in an interview. We Can Defend You If you find yourself charged with possession with intent to sell or are looking to appeal a conviction for such a charge, contact us today. Our established reputation for success is known throughout the area. Our knowledge of criminal law is trusted by judges, prosecutors, and other attorneys who regularly refer clients to us. We want to show you how we earned our reputation. We want to protect and defend your rights and encourage you to contact us immediately. We can discuss the details of your case and take the first steps in mounting the best defense available. For a free confidential consultation with one of our attorneys, contact us today via email, or call us at 206-621-0500.