In the state of Florida, there is nothing that is taken so seriously as drug crime. Views of the State suggest that drugs are the leading cause for majority of criminal activity. As such, the severity of the drug crime and the penalties that come with are drastically increased depending on the quantity of drugs involved and what the purpose for them is. While an experienced drug crimes defense attorney can help with your case, there are some things you need to know about the various types of drug crimes that exist.
Simply having a substance on you in the State of Florida is considered a very serious offense. There are many different substances that carry this weight with them. They are:
- Possession of Heroin
- Possession of Cocain
- Possession of GHB
- Possession of Hydrocodone
- Possession of Marijuana
- Possession of MDMA
- Possession of Oxycontin
- Possession of Synthetic Drugs
- Possession of Xanax
Any one of these instances is reason enough to arrest an individual, but it doesn’t mean that you will be labeled as a criminal. There are a few options for clearing the drug possession case to help Floridians address substance abuse. The options available to you are reliant upon the nature of the charge, your prior history, and what programs are available. The options can be pretrial diversion, pretrial intervention, drug court, motion to suppress, plea, and trials.
The sale or delivery of drugs is an incredibly severe crime in the State of Florida. You will be prosecuted to the full extent of the law even if you are just suspected of dealing drugs. Retaining a criminal defense attorney who has experience in drug crimes is your ultimate goal in the case of drug dealing. There are a few defenses that do exist which might help your case:
- Constructive Possession
- Illegal Search and Seizure
- Lack of Knowledge
- Personal Use
Constructive Possession is a defense wherein the prosecutor has to prove that you had knowledge of the drugs’ presence, and have control over it. Illegal Search and Seizure occurs when law enforcement go above and beyond their authority and require people to submit to a search, or they coerce a person into a search. Lack of Knowledge is gauging whether you had knowingly been in possession of a substance or if it was there unknown to you. Lastly, Personal Use is a defense which can reduce a sentence but not strictly remove it. The State would need evidence to prove you had intent other than personal possession, whether by a large quantity, or other small factors.
While drug dealing is a serious crime, drug trafficking includes that and more. The idea behind trafficking is that there is a substantially large amount of drugs being moved. This does constitute sale and possession, but the severity of the amount drastically increases the penalty to you. The larger the amount in your possession, the larger the minimum sentence and fine. These charges aren’t common, but the need for a defense attorney is never as important as it is in this case. Fighting to prove your innocence by using similar defense tactics to drug dealing can be the difference between a very long jail time, to a dismissal of charges.
We highly advise reaching out to an experienced drug crimes attorney in Orlando if you’ve been convicted of any one of these crimes. Florida doesn’t take drugs lightly, and as such it’s important to have real knowledge on your side. Do not wait, because the time after your arrest is the most crucial time for your defense.