Possession With Intent to Sell or Deliver (PWISD)
If police suspect you of being a drug dealer, prosecutors can bring tougher charges against you than they would for mere possession. State and federal prosecutors aggressively pursue drug dealers. If you face these charges or are the subject of a drug investigation, you will require an aggressive defense strategy. A tough defense may be able to save you from jail time by challenging evidence to get your charges reduced or dismissed.
Raleigh PWISD Lawyer
At Coolidge Law Firm, we take on prosecutors to defend the rights of those accused of serious felonies like possession with intent to sell or deliver. A skilled Raleigh PWISD lawyer from Coolidge Law Firm can fight for your rights to achieve the best possible result in your case. We are experienced courtroom attorneys who represent people accused of being drug dealers.
Call us today at (919) 239-8448 to schedule a free consultation. We represent people throughout Wake County, including in Raleigh, Cary, Apex, Garner, Holly Springs, Fuquay-Varina, Wendell and Zebulon.
Info on PWISD Charges
- Proving Intent to Sell or Deliver
- PWISD Penalties Depend on Type of Controlled Substance
- Selling Counterfeit Substances Still a Crime
A PWISD charge has two essential elements: That the accused possessed the controlled substance, and that he possessed it with the intent to sell, deliver or manufacture it. Deliver simply means to transfer it from one person to another. Prosecutors must submit evidence proving both elements beyond reasonable doubt to secure a conviction.
Possession means the actual or constructive possession of the drugs. Actual possession means the drugs were on the person, and construction possession means the narcotics were in a place where the accused had exclusive control.
Prosecutors can prove intent to sell or deliver using a variety of evidence. Possessing a certain quantity of drugs greater than one would have for personal use may be evidence of intent to sell it. Having paraphernalia associated with dealing drugs, including baggies, scales or large amounts of cash, may be evidence for intent to sell or distribute.
If police claim to have observed you selling drugs or say you attempted to sell them drugs in a sting operation, prosecutors may use their testimony as evidence used against you.
The repercussions of a PWISD conviction will depend on the type of drug you are accused of intending to sell or deliver, according to North Carolina General Statutes § 90-95(b).
It is a Class H felony to possess with the intent to sell any drug in Schedule I or Schedule II. Schedule I includes heroin, MDMA (ecstasy), meth and LSD (acid). Schedule II includes cocaine, PCP and morphine. Conviction of a Class H felony carries a punishment of four to 25 months in prison, depending on your criminal record and if there are any aggravating or mitigating factors.
Schedules III through VI consist largely of various prescription drugs and marijuana. PWISD for these substances is a Class I felony, punishable by three to 12 months in jail. Drug treatment court generally is not an option for those accused of PWISD.
Selling a substance that you represent to be an illegal drug can still result in criminal charges. For example, selling oregano or other herbs to a confidential informant while representing such substances as marijuana could very likely lead to you being arrested. .
North Carolina General Statutes § 90-95(a)(2) makes the sale of counterfeit substances a crime and punishable as a Class I felony.
Finding the Best Wake County Attorney for an Accused Drug Dealer
If you face charges of being a drug dealer, a Raleigh PWISD lawyer from Coolidge Law Firm can fight for your rights. PWISD defense attorney David Coolidge understands the complexities of navigating through the state’s or federal government’s evidence. Even if you had no intention of selling the drugs in your possession, the paraphernalia found on your person or other circumstances may cause law enforcement to incorrectly label you a drug dealer. We will correct this misconception. We will fight for your rights. Our courtroom trial experience will allow us to effectively defend you at each step in this process.
We are proud to represent clients throughout the County, including Cary, Raleigh, Wake Forest, Morrisville, Knightdale and Rolesville. Call us today at (919) 239-8448 to schedule a free consultation.