How to Handle Drug Crime Charges – Criminal & Personal Injury Law

If you’ve been arrested for a drug crime in Florida, knowing your legal rights is key. Florida is a big spot for illegal drug trafficking. Drug crimes are taken seriously here¹. The amount of drugs found on you can decide if you face a felony or a misdemeanor. A lawyer can help you in court and protect your rights. They can check if the arrest was legal and look for ways to lessen your charges¹.

Attorney Ralph Behr has helped many people with drug cases in Florida. He’s a top criminal trial lawyer with the right skills for your case¹. If you’re facing drug charges, getting help from an expert like Attorney Behr is crucial for a good outcome.

Key Takeaways

Florida takes drug crimes seriously, and the amount of drugs found can affect your charges.
An experienced lawyer can defend your rights, challenge the arrest, and might reduce your charges.
Attorney Ralph Behr is a skilled criminal trial lawyer who has won many drug cases in Florida.
Getting legal help is important when you’re facing drug crime charges in Florida.
Common defenses include illegal searches, police abuse, and medical marijuana use.

Understanding Drug Crime Charges in Florida

Drug-related offenses in Florida can lead to many criminal charges. These range from simple possession to large-scale trafficking². The type of drug, how much is involved, and the intent behind it can make the charge a misdemeanor or a felony³.

Types of Drug Offenses

In Florida, common drug charges include having drugs or drug gear, selling or giving out illegal substances, making narcotics, and trafficking controlled substances². Most often, people get charged with just having drugs². This can be actual possession, where you have the drugs, or constructive possession, where the drugs are in a place you control².

Controlled Substances and Schedules

Florida puts controlled substances into five groups based on how likely they are to be abused and their medical use³. At the top, Schedule I drugs like heroin and LSD are seen as very dangerous with no medical use³. Then, Schedule II drugs like cocaine and methamphetamine are also risky but can be used in medicine³. The lower schedules have drugs that are less likely to be abused and are more accepted in medicine³.

Having, selling, or moving any controlled substance can lead to criminal charges in Florida². The punishment depends on the drug type, how much there is, the intent, and where the crime happened³²⁴.

Penalties for Drug Possession in Florida

In Florida, the penalties for drug possession depend on the drug type and amount⁵. Having large amounts of drugs can lead to serious charges, often as first-degree felonies⁶.

For example, having over 25 pounds or 300 cannabis plants can mean a three-year prison term and a $25,000 fine⁷. Possessing 28 grams or more of cocaine can result in a 15-year prison sentence and a $250,000 fine⁷. The consequences get even harsher for larger drug amounts, with some offenses carrying up to 25 years in prison and fines over $500,000⁷.

Drug traffickers in Florida may also lose assets like money, cars, and homes through civil forfeiture⁵. But, those who help the authorities catch other drug dealers might get lighter sentences or even have charges dropped⁵. Courts might also dismiss cases if they think the police forced the defendant into drug activities⁵.

Drug Type	Threshold Amount	Minimum Penalty	Maximum Penalty
Cocaine	28 grams	3 years in prison, $50,000 fine	15 years in prison, $250,000 fine
Oxycodone	4 grams	3 years in prison, $50,000 fine	25 years in prison, $500,000 fine
Heroin	4 grams	Mandatory life sentence	Mandatory life sentence, $500,000 fine
Cannabis	25 pounds or 300 plants	3 years in prison, $25,000 fine	15 years in prison, $200,000 fine

Penalties for drug possession in Florida vary by substance type and amount. If you’re facing charges, it’s key to talk to a skilled criminal defense lawyer to know your rights and options⁶.

The penalties for drug possession in Florida are strict. But, there are legal ways to lessen the impact, like through a substantial assistance agreement or a successful entrapment defense⁵. Getting advice from a qualified lawyer is crucial to protect your rights and aim for the best outcome in your case.

drug crime charges, drug possession, drug trafficking, legal defense

If you’ve been charged with drug possession in Florida, you might have legal defenses. A skilled criminal defense attorney can look at your case and find the best defense strategy⁸.

One defense is questioning the search and seizure that found the drugs. Your lawyer might say the police broke your Fourth Amendment rights by searching without a good reason or not following the rules⁸.

Another defense is saying the drugs weren’t yours. Your lawyer could show the drugs were planted or belonged to someone else. If you didn’t know about the drugs or didn’t have them, this can be a strong defense⁸.

You can also question the crime lab’s results on the drugs. If there were mistakes or contamination, the results might be wrong. This could weaken the prosecution’s case⁸.

Sometimes, you can use entrapment or duress as a defense. If police made you commit the crime or threatened you, you might not be guilty⁸.

The best defense for you depends on your arrest and the evidence against you. A knowledgeable criminal defense attorney will look at your case and find the strongest defense to protect your rights and lessen the consequences⁸.

Offense	Penalty
Possession of at least 28 grams of cocaine (Florida)	Cocaine trafficking charge⁹
Conspiring to commit a federal drug crime	Same penalties as the underlying offense⁹
Distributing between 100 grams and 1 kilogram of heroin (Federal)	5-40 years in prison⁹
Delivering less than 28 grams in Penalty Group 3 or 4 (Texas)	State jail felony⁹
Delivering 4 grams of a substance in Penalty Group 1 (Texas)	First-degree felony⁹
Distributing narcotics in Schedules I or II (Washington)	Class B felony with up to 10 years of imprisonment⁹
Delivering other controlled substances (Washington)	Class C felony with up to 5 years of imprisonment⁹

Drug crime charges, like possession and trafficking, can lead to serious legal issues. It’s key to get advice from an experienced criminal defense attorney to understand your case and find the best defense¹⁰.

“Defending drug possession charges requires a thorough understanding of the law and the unique circumstances of each case. A skilled criminal defense attorney can make all the difference in protecting your rights and minimizing the potential consequences.”

Whether you’re facing possession of controlled substances, actual possession, or constructive possession charges, you need a criminal defense attorney who knows how to defend you¹⁰.

Federal drug charges may occur if drugs cross state lines, in situations of federal agent arrests, or from federal surveillance¹⁰.
Local authorities may transfer cases to federal prosecution due to a lack of resources or expertise¹⁰.
Federal authorities focus on cases involving marijuana “grow operations” or trafficking large amounts¹⁰.
For marijuana, federal drug trafficking charges may be filed for 1,000 kg or more, or 1,000+ marijuana plants¹⁰.

Knowing about drug crime laws and possible defenses is key to building a strong case and protecting your rights. With a skilled criminal defense attorney, you can navigate the legal system and aim for the best outcome for your situation¹⁰⁸⁹.

Possession with Intent to Sell or Deliver

In Florida, having a controlled substance with the aim to sell, make, or give out is a big crime. Florida Statutes Section 893.13(1)(a) says it’s illegal to sell, make, or give out, or have with the plan to do so, a controlled substance¹¹. This can be seen as a second or third-degree felony, based on the substance.

To prove someone had a controlled substance with the aim to sell, make, or give out, the prosecutor must show three things: the person had the substance and planned to sell, make, or give it; the substance is a controlled substance as defined in Florida Statute Section 893.03; and the person knew what the substance was¹¹.

Drug trafficking charges can happen even if there was no plan to sell or spread the drugs, just based on how much was possessed¹¹. Having drug paraphernalia can also lead to trafficking charges, even with small amounts of drugs¹¹. For big amounts of drugs, guns, or a lot of cash, federal charges might come up, leading to serious penalties like long prison times and big fines¹¹.

“A federal trafficking conviction for having 100 grams or more of heroin can mean five to 40 years in prison and up to five million in fines.”¹¹

If you’re facing charges for having with the plan to sell or give out, getting a skilled lawyer is key¹¹. They can help you understand the legal system and protect your rights.

Drug Trafficking and Conspiracy Charges

In Florida, drug trafficking means making, selling, or moving drugs that are illegal¹². Law enforcement at all levels goes after drug criminals with full force¹². Those caught face serious jail time and fines, from three years to 25 years in jail and fines up to $500,000¹². The exact sentence depends on the drug and how much was involved.

Drug conspiracy charges don’t require you to touch drugs or money. Just agreeing to break the law can get you in trouble¹³. Even if the crime didn’t happen, you can still be charged¹³. Being part of a drug trafficking group can lead to decades in prison for everyone involved¹³. Police use informants, undercover agents, and financial tracking to catch drug criminals¹³.

Getting caught in a drug conspiracy means facing years in prison and losing your rights¹³. After getting out, finding a job and dealing with a criminal record can be hard¹³. A good lawyer is key to fighting these serious charges¹³.

Feds give harsher sentences for drug crimes than states do¹². At the Law Offices of Jonathan F. Marshall, they know a lot about fighting federal drug cases¹². If a crime crosses state lines or involves federal land, it can be tried federally¹². Federal cases often come from working together with state and local police¹².

The Anti-Drug Abuse Act of 1986 made stricter rules for drug trafficking¹². These rules got even tougher in 1988 for conspiracies¹². The penalties for drug crimes depend on the drug and how much there was¹². Trafficking can mean 5 years to life in prison, while just having drugs can get you fines or jail¹².

Repeat drug offenders get even harsher punishments¹².
Having a drug felony record can mean life in prison¹².
Having Flunitrazepam (Rohypnol) can lead to big fines and prison¹².

Federal drug defense lawyers can help by watching the investigation, clearing up your role, and looking into things on their own¹². They can question the evidence, like if the search was legal or if the evidence was handled right¹². If there are legal problems, they might ask for the evidence to be thrown out or for charges to be less severe¹². They might even take the case to trial to prove you’re not guilty¹².

Conclusion

If you’ve been arrested for a drug crime in Florida, getting a skilled criminal defense lawyer is key¹⁴. They can fight for your rights and aim for a good outcome¹⁴. They can question the legality of searches, doubt drug ownership, and check crime lab work¹⁴. With the right plan, you might see charges lowered or dropped¹⁵. Don’t go through this alone – reach out to a top Florida drug crimes lawyer now.

Drug crimes, like possession or trafficking, can seriously affect your life for a long time¹⁶. But, with a smart lawyer, you can navigate the legal system and lessen the possible penalties¹⁴. Knowing your rights and looking at all defenses can boost your chances of a good result and safeguard your future.

Choosing a drug crime lawyer is a big decision¹⁴. Look for someone with lots of experience and a history of winning cases¹⁵. Their skills and support will help protect your rights and give you the best shot at a positive case outcome.

FAQ

What types of drug offenses can I be charged with in Florida?

In Florida, you could face charges for drug possession, drug paraphernalia, or delivering illegal drugs. You might also be charged with trafficking, manufacturing, or selling drugs. Other offenses include selling prescription drugs fraudulently or having drugs with the aim to sell them.

How are drugs classified in Florida?

Florida sorts drugs into five schedules. Schedule One drugs are highly addictive and have no medical use. On the other end, Schedule Five drugs are less addictive and have accepted medical uses.

What are the penalties for drug possession in Florida?

Drug possession penalties vary by the drug amount. A first-degree misdemeanor can lead to a 00 fine and one year in jail. A first-degree felony can result in a ,000 fine and 30 years in prison. Trafficking can mean life in prison and a 0,000 fine, and in some cases, the death penalty is possible.

What defenses are available for drug possession charges in Florida?

For drug possession charges, you might argue your Fourth Amendment rights were violated. You could claim the drugs didn’t belong to you or question the crime lab’s findings. Your lawyer will pick the best defense for your situation.

What is possession with intent to sell or deliver?

It’s illegal in Florida to have a controlled substance with the intent to sell, make, or give it out. The state must prove you had the substance and planned to sell or distribute it. They also need to show you knew it was a controlled substance.

What are the penalties for drug trafficking in Florida?

Drug trafficking in Florida comes with strict sentences. These range from three years in jail and a ,000 fine to 25 years in jail and a 0,000 fine. The type and amount of the drug involved determine the sentence. Law enforcement works hard to catch and prosecute drug traffickers.