PRACTICE AREAS
 

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:

    Possession for Personal Use
    Possession of Drugs for Sale
    Trafficking (transporting, buying, selling)
    Distributing
    Cultivating or Manufacturing
    Conspiracy to do any of the above

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
  • LSD
  • Mescaline
  • Meth/Methadone
  • Morphine
  • Opium
  • PCP
  • Steroids

 


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.

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:
  1. A Base Term (for example, the base term for selling cannabis is 2-4 years)
  2. Conduct Enhancements (selling cannabis to children under 21, selling drugs near a school, causing children under 18 to violate drug laws)
  3. 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 William H. Bryan III, P.A. 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 William H. Bryan III, P.A. at
(407) 401-9565

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 Law Offices of William H. Bryan III, P.A. 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.

 
Law Offices of William H. Bryan III, P.A.
The Premiere Trade Plaza
189 South Orange Avenue
Suite 1800
Orlando, Florida 32801

Email Us: attorney@williambryanlaw.com

Telephone
(407) 401-9565
(Available 24/7)
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Copyright © 2005-08 The Law Offices of William H.Bryan III, P.A. All rights reserved.
 
The Law offices of William H. Bryan III 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.