How Does the State Prove a Possession with Intent to Sell or Deliver (PWISD) Charge?

The Jump from Possession to PWISD: A Serious Felony Charge

You’ve been arrested. You know there were drugs found. You’re expecting a possession charge. But then you see the paperwork, and your heart sinks. The charge isn’t simple possession. It’s Possession with Intent to Sell or Deliver. In North Carolina, we call it PWISD.

This is a game-changer. The police and the prosecutor are not accusing you of being a user. They are accusing you of being a drug dealer.

The jump from a simple possession charge to a PWISD charge is massive. You are now facing a serious felony. A conviction can mean years in prison, huge fines, and a felony record that will close doors for the rest of your life. This is one of the most serious drug crimes on the books, short of trafficking.

If you or a loved one is facing a PWISD charge in Greensboro, High Point, or anywhere in the Piedmont Triad, you need to understand what you’re up against. You are in a serious fight. But it is a fight you can win. Our team at the Huggins Law Firm has been defending people against these exact charges for decades. We know how the state builds these cases, and we know how to tear them apart.

It’s All About “Intent”: The Evidence Prosecutors Use

Here is the key to a PWISD case. The prosecutor rarely has a video of you actually selling drugs. So, how do they prove you intended to sell them? They use circumstantial evidence. They try to paint a picture for the jury that says, “This doesn’t look like personal use. This looks like a business.”

The evidence they use to prove “intent” includes:

• The Quantity of the Drugs: While there is no set amount, a larger quantity of a substance can be used to argue it was for more than just personal use.
• The Way the Drugs are Packaged: This is a huge factor. Are the drugs in one container, or are they divided up into multiple small, individual baggies? Multiple baggies are a classic sign prosecutors use to argue intent to sell.
• The Presence of a Scale: A digital scale is one of the biggest red flags for police and prosecutors.
• Large Amounts of Cash: Especially if it is in small denominations.
• Ledgers or “Pay-Owe” Sheets: Any notes that appear to track sales or debts.
• Multiple Cell Phones: Sometimes referred to as “burner phones.”

The prosecutor will take all these little pieces and try to build a story. Our job is to show the jury that their story doesn’t add up.

The Fight of Your Life: How We Defend a PWISD Case

Defending a PWISD charge requires a multi-layered strategy. First, we attack the case just like we would a simple possession charge.

1. We Challenge the Stop and the Search.

Did the police have a legal reason to stop your car? Did they have a warrant to search your house? Did you consent to a search? If any of your constitutional rights were violated, we will file a Motion to Suppress the evidence. If the motion is granted, the drugs cannot be used against you, and the case is often dismissed. This is always our first line of attack.

2. We Challenge the “Intent.”

This is the heart of the PWISD defense. We have to show the jury that there is a reasonable, innocent explanation for the state’s evidence.

• The Quantity: A heavy user might buy in bulk because it’s cheaper. That is not the same as buying to sell.
• The Scale: A person might use a scale to make sure they are not getting ripped off by their dealer, not to weigh out drugs for sale.
• The Cash: Can you prove where the cash came from? Was it from a paycheck you just cashed? A car you just sold?
• The Baggies: Were the drugs already in those baggies when you bought them?

Our job is to create reasonable doubt. We have to show the jury that the state’s “scary” evidence doesn’t actually prove you were a dealer. The difference between a conviction for PWISD and a conviction for simple possession can be years in prison. It’s a critical fight.

A “less talked about” aspect of these cases is the role of confidential informants. Often, a PWISD investigation begins with a tip. But who is that informant? Are they reliable? Are they getting a deal from the prosecutor to testify against you? A thorough investigation by a defense lawyer often reveals that the state’s star witness is an unreliable person with a motive to lie. Exposing this to a jury can destroy the prosecutor’s case. Research from institutions like the UNC School of Government, which studies our state’s justice system, often highlights the complex legal issues surrounding the use of informants.

Why an Experienced PWISD Lawyer is Essential to Your Defense

The stakes in a PWISD case are far too high to go it alone. You are facing a felony conviction and a prison sentence. You need a drug crime lawyer with deep experience fighting these specific charges.

Our team at the Huggins Law Firm has that experience. We know the prosecutors in Guilford County and Alamance County. We know what evidence they find compelling, and we know how to counter it.

• We know how to negotiate. Sometimes the best outcome is a plea bargain. We can often negotiate with the prosecutor to get a PWISD charge reduced to a simple possession felony, or even a misdemeanor, which can have a huge impact on the sentence.
• We know how to fight. If the state is not willing to be reasonable, we are always prepared to take your case to a jury trial. Our decades of courtroom experience give you the best chance at a “not guilty” verdict.

We are here to protect your freedom and your future. Our deep experience in criminal defense is your greatest asset.

Key Takeaways for Your North Carolina PWISD Charge

• PWISD is a Serious Felony: This charge is much more severe than simple possession and can carry a lengthy prison sentence.
• The Case is About “Intent”: The prosecutor will use circumstantial evidence like scales, baggies, and cash to try to prove you were a dealer.
• The Defense Starts with Your Rights: The first line of attack is always to challenge the legality of the traffic stop and the police search.
• Creating Reasonable Doubt is Key: A strong defense provides innocent explanations for the state’s evidence and shows that it doesn’t add up to an intent to sell.
• You Need an Experienced Lawyer: The difference between a PWISD conviction and a lesser charge often comes down to your lawyer’s ability to negotiate with the prosecutor or win at trial.