Minnesota criminal defense attorney Joe Friedberg explains that the police will look at a variety of factors to determine if there was intent to sell.
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By the amount is the most frequent. I mean if you’ve got an amount of cocaine that you couldn’t use in a year, that is an implied possession with intent to distribute. Other ways they do it other than amount, let’s suppose they catch you with a small amount but in – you’re arrested in your home. All you’ve got is a small amount, but you’ve got scales and you’ve got notes of people that owe you money, and you’ve got more money than you can justify through legal means. They can charge you with possession with intent to sell.