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Florida DRUG CRIMES
Drug Abuse •
Substance Abuse
Cannabis
• Drug Use
Controlled Substance
Orlando Criminal Defense Attorney for Drug
Trafficking
Florida Criminal Defense Attorney
Drug Possession & Drug Sales are Illegal
| In Florida, crimes involving illegal drugs
or controlled substances can be any of the following: |
The Most Common
Types of Illegal Drugs/Controlled Substances
(In Florida, controlled substances are narcotics, stimulants,
opiates, depressants, hallucinogens, and anabolic steroids.
It’s illegal to possess them without a prescription.) |
- Barbiturates
- cannabis (Marijuana)
- Cocaine
- Crack Cocaine
- Ecstasy (MDMA)
- Hashish (and Hashish Oil)
- Heroin
- Prescription painkillers or stimulants without a
prescription
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- LSD
- Mescaline
- Meth/Methadone
- Morphine
- Opium
- PCP
- Steroids
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Florida Drug Crimes
Under Florida Law, there are four main types of drug
charges:
| DRUG POSSESSION |
For the majority controlled substances, possession
for personal use is a felony. Misdemeanor
charges include marijuana (cannabis) possession,
being under the influence of a drug, and possession
of drug-related items called paraphernalia (pipes,
bongs, etc.).
To be arrested or convicted, the prosecution must prove beyond reasonable doubt
you knew about and controlled the drug
in question. Even if you didn’t have drugs on you
when you were arrested, you can be arrested or convicted if drugs were
found in your car, house, or purse. |
DRUG POSSESSION FOR SALE |
It is a felony to possess
or buy illegal drugs that you intend to sell.
The prosecution doesn’t have to prove beyond reasonable doubt you sold
them—just that you intended to sell them.
Money need not change hands to be arrested or convicted of drug possession
for sale.
Intent to sell
can be proven by evidence such as drug packaging
(small bundles), weighing scales, cutting agents, individuals coming
to/going from your home at all hours, fortified windows, conversations
with police informants, undercover officers, or wiretapped telephone
(cell, portable or landline) conversations.
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DRUG TRAFFICKING |
| Florida drug traffic laws
prohibit the transporting, importing
and selling/distribution of controlled substances.
Transporting, importing, or selling drugs is a felony, unless you’re
arrested with less than 28.5 grams of marijuana (cannabis)
and the marijuana is for your own personal use then it
is a misdemeanor. You can also be charged and arrested or convicted
of trafficking if you aided, abetted,
and conspired with anyone to sell
or purchase illegal drugs. |
MANUFACTURING DRUGS |
In Florida, it is a felony
to: •
Plant, cultivate (grow, care for) or harvest marijuana
• Manufacture illegal drugs
(such as methamphetamine or rock cocaine)
or possess the chemicals required to manufacture illegal
drugs. |
Drug Crime Penalties
Drug offense penalties can be very severe. You could end up in county
prison or state prison. Your car or anything
else linked to the drug crime seized (Forfeiture Proceedings).
You could lose your driver’s license, have to pay a fine, and/or
be obligated to register as a narcotics offender.
How the crime is charged and punished is based upon on the type
and amount of the drugs involved, no matter the drugs were for personal
use or for sale, and if the defendant has
a criminal record, particularly past drug convictions. (If in fact you are facing
a second offense for sales of narcotics you are looking
at a at the very least 3 year enhancement for the past sales
conviction which is appended to the time/sentence on your current drug
charge.)
• For example, a first-time offender
selling 100 grams to 5 kilograms of heroin has a mandatory at the very least
sentence of five years.
• Manufacturing, producing,
or preparing methamphetamine has a maximum sentence
of seven years and fines up to $50,000.
For the majority drug crimes charged as FELONIES,
there are three components to sentencing: |
- A Base
Term (for example, the base term for selling cannabis is 2-4
years)
- Conduct
Enhancements (selling cannabis to children under 21, selling
drugs near a school, causing children under 18 to violate drug
laws)
- Status
Enhancements (past convictions, crime committed while out on
bail)
All
three are deemed together to determine the length of the sentence
and other penalties.
Florida
’s “Three Strikes Law” can result in a much
longer sentence if the defendant has at least one past conviction
for a severe felony. |
Orlando Drug Crime Defenses
The the majority compelling defense for a drug bust or drug crime
is the evidence and how it was receiveed.
Law enforcement build the majority evidence through “search
and seizure.” You have a constitutional right to be free
from illegal searches and seizures. Therefore, any illegally
receiveed evidence can’t be used to convict you. This
is not automatic. An experienced criminal defense lawyer
must argue and defend in court the way the evidence was receiveed. This is a
very technical part of criminal law and it is treacherous for the inexperienced
criminal defense lawyer. If the argue and defend is successful then the evidence
is “suppressed” and the case may be thrown out of court (dismissed).
Sentencing Alternatives
In Florida, drug therapy is deemed additional appropriate than prison
time for non-violent individuals with drug abuse problems. Based
on your situation, you may be eligible for one of three alternatives:
Proposition 36: Under Florida ’s
Substance Abuse and Crime Prevention Act, first and second time non-violent
“simple drug possession” offenders can receive substance
abuse therapy instead of prison time. This includes one year of outpatient,
halfway house, narcotic replacement therapy, education courses and/or
limited inpatient therapy, plus six months of “aftercare”
therapy.
Deferred Entry of Judgment (also known as DEJ
or Diversion): The defendant pleads guilty, but is not arrested or convicted.
Instead, the case is placed on hold for 18 months while the defendant
must take a 6-months drug education courses and avoid an arrest or
conviction of an additional crime. The case is thrown out of court (dismissed) after 18 months.
The felony is completely removed.
Drug Court: This is based upon a “supervision-and-therapy”
program generally separated into phases that give the defendant additional
rights as he/she completes each one. "Sometimes, although rare,", prison time is
obligated. Once the defendant completes the program, the case is thrown out of court (dismissed).
An Experienced Criminal Defense
Lawyer is Critical for your Drug case.
Drug cases and penalties are complex, so it’s very significant to
hire a unmatched drug crimes attorney. Only an experienced lawyer will
comprehend the evidence and proven facts of your case, including the evidence being used
against you, and can organize and prepare the best defense.
The Orlando Criminal Defense Lawyers
at The Law Offcies of Orlando Criminal Defense Law Firm. have successfully defended
the majority clients in drug matters, often assisting them avoid a conviction
completely. We have aided the majority clients with alternative sentencing
such as Electronic Monitoring and House Arrest.
If in fact you’re facing a drug charge, call
The Law Offcies of Orlando Criminal Defense Law Firm. at
(800) 693-9886
for a FREE CONSULTATION right away.
If in fact you have been arrested or under investigation for Drug Trafficking in Florida,
it is significant that you hire an experienced Orlando Drug Trafficking criminal
defense attorney to represent you. The Orlando Criminal Defense Law Firm. will work relentlessly to mount a successful defense to the
charges with which you have been charged. As a former Assistant United
States Attorney for nearly 10 years, William H. Bryan III is well versed
in the strategies and tactics of the prosecution and can predict and anticipate
the next move and how to aggressively defend Drug Trafficking in the state
of Florida. We are a strong defender of our clients' consitutional rights
and will do everything in our power to protect and defend them. William H. Bryan
III, Esq. is an aggressive Orlando Drug Trafficking criminal defense lawyer
who will organize and prepare every aspect of your Drug Trafficking case up to and
including trial.
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Orlando Criminal Defense Law Firm.
1611 N. Main Street
Kissimmee, FL 34744
Orlando, Florida
Email
Us: attorney@ffdalaw.com
Telephone
(800) 693-9886
(Available
24/7)
Se Habla Espanol
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Copyright
© 2005-09 Orlando Criminal Defense Law Firm. All
rights reserved. |
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Orlando Criminal Defense represents individuals accused
of Drug Trafficking in Florida including Orlando, Kissimmee, Tampa, Jacksonville,
Fort Myers in the following counties: Orange County, Broward County,
Putnam County, Osceola County, Seminole County, Volusia County,
Brevard County and Palm Beach County. |
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