Small Amount leads to Walton County Possession with Intent to Sell Drug Charge; Destin Drug Lawyer Says Multiple Factors Can Lead to Intent to Sell Charges
Destin, FL (PRWEB) July 29, 2013 -- On Thursday, July 18, James Osmand Litolff was pulled over on I-10 for a routine traffic stop. What started with a ticket turned into a felony charge when the police discovered a small amount of drugs and a large amount of cash, according to the Jackson County Floridian("Walton County stop off I-10 leads to drug charge," July 19, 2013). A K9 unit drug-sniffing dog alerted officers to the presence of narcotics, and the patrolmen recovered about 2 ounces of marijuana from both rolled cigarettes and jars of the drug, according to the Floridian. In addition, the police found more than $10,000 in cash, most of which was vacuum-sealed, according to the Floridian.
Litolff had been visiting Florida and was returning home to New Mexico, according to the Floridian. He has been detained in the Walton County Jail and is charged with a third degree felony of marijuana possession with intent to sell, manufacture or deliver, according to the Floridian.
Even a small amount of controlled substances, like two ounces, may lead to intent to sell charges if other circumstance exist — like a large amount of cash, explains Destin drug defense lawyer Clay Adkinson.
"Prosecutors can make certain judgments based on what police find. When they see large amounts of cash and any amount of drugs at all, they can use the cash to point toward an intent to sell the drugs they've found," he said.
In addition, the jars of marijuana and vacuum-sealed cash were hidden in an air tank with a false lid, according to the Floridian. Preparations for hiding the drugs can also be seen as evidence that the individual may have the marijuana for more than just personal use, Adkinson said.
Officers may use the drug-sniffing dog to establish "probable cause" for searching the vehicle in the first place, as the Floridian reported police did in this case. After probable cause is established, though, the officers can use further leads to find more evidence against an individual and build a case against them. Adkinson warns that police can use anything that they find during a "probable cause" search to build a case against an alleged offender.
"Whether you just have some cash out for a vacation or there's just a big misunderstanding, circumstances around an arrest can change it drastically." explained the Destin drug defense lawyer.
Whether Litolff actually intended to sell the drugs or just happened to be carrying cash at the same time, he now faces up to 5 years in prison and / or up to $5,000 in fines. Aside from criminal penalties, he also may see negative consequences in employment or housing opportunities, the ability to gain certain licenses, and other areas.
I-10 is known for being commonly used by drug smugglers and traffickers, Adkinson said. This leads to frequent drugs-busts and patrolmen who are on high-alert for marijuana and other drugs. Numerous arrests for large amounts of marijuana have occurred on the interstate in the past few years.
Clay Adkinson, of the Adkinson Law Firm, LLC, is a Destin criminal defense lawyer who represents those accused of drug offense, marijuana charges, DUI and other criminal matters.
Clay Adkinson, Adkinson Law Firm, LLC, http://www.adkinsonlaw.com/, (850) 892-5195, [email protected]
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