If you have been arrested or charged with a drug related offense, it is important to understand the nature of charge against you and what consequences you may face as a result of that charge. At The Florida Practice, we are experienced in evaluation drug offenses, as they are the most common offenses that we see.
Arrested For Drug Possession?
Legal Issues in Drug Cases
There are issues that can sometimes be raised in these types of cases that can lead to having evidence suppressed, having drug charges dismissed and that can result in not guilty verdicts. These issues may include an illegal traffic stop, illegal detention, no probable cause to justify a search without a warrant, lack of certification and/or unreliability of a drug detection canine, invalid search warrants, violation of Miranda rights and possession of drugs for personal consumption, rather than for sale.
From Simple Possession to Drug Trafficking, The State of Florida can file charges ranging from a misdemeanor to a felony and sanctions can result in jail time, a period of time on probation, drug evaluation, required time and fines, or a combination of all the above. Call Hugh now discuss your legal options.
Not all of these issues apply to every case, and there are other legal issues that could arise, but these are the most common that we see. For this reason, if you have been charged with a drug related offense, it is extremely important to have a lawyer review your case.
Simple possession is the possession of a controlled substance without the intent to distribute or sell. Most of the time, people arrested for simple possession are believed to possess the substance for personal use. Depending on the type of controlled substance possessed, however, the charge can be classified as a misdemeanor or a felony. For example, possession of under 20 grams of cannabis (marijuana) is a misdemeanor. Possession of over 20 grams of cannabis (marijuana) is a felony. Possession of heroin, cocaine and crystal methamphetamine in ANY amount are also felonies.
Possession with Intent to Sell/Deliver
Possession of any controlled substance with the intent to sell and/or deliver is a felony. Drug trafficking falls into this category and is a first degree felony punishable by up to 30 years in prison, 30 years probation and a $10,000 fine. The arresting officer uses discretion when deciding how to charge a drug possession offense. Often, the arresting officer is looking for certain criteria to determine whether someone possesses drugs for personal use or with the intent to sell. That criteria can include the amount/weight of the drugs, how the drugs are packaged, whether large amounts of money were seized along with the drugs and whether or not weapons were also seized with the drugs.
Manufacturing, Cultivation and Production of Drugs
The cultivation, production and manufacturing of drugs are felony offenses. Depending on the type of drug and the quantity involved, the charges filed may range from a first degree felony to a third degree felony. In Florida, minimum mandatory prison sentences apply, depending on the quantity involved.
Possession of prescription medication, whether narcotic or not, is also drug offense. You can be arrested for possession of prescription medication if you are in possession of any prescription medication that is not prescribed to you. This could include possession of pills that are in an unmarked container, or in a container that belongs to someone else.
If you, a family member or a friend have been arrested for a drug related offense, contact The Florida Practice to speak with Mr. McDonnell about the charges against you and the options that you have in defending against those charges.
The firm is available 24 hours a day, 7 days a week at 888-422-4200 or you may schedule a confidential initial consultation online.