Orlando Drug Lawyer
If you’re arrested for committing a drug crime, you may be curious as to what your rights are, whether you should hire an attorney, or which plea is the best option for you. The punishments for drug crimes under Florida law can be very severe. The actionable steps that you decide to take when suspected of a drug crime may make all the difference in your case.
Orlando criminal defense attorneys recommend that you never head into a trial for drug-related charges without a plan. An experienced criminal defense lawyer can offer support and assist you with the implementation of your defense.
If you’ve been charged with a drug offense, you should call a skillful defense attorney to help you understand the charges brought against you, protect your rights, and represent your best interests.
Types of Orlando Drug Crimes
Criminal defense attorneys handle many drug crime charges. That’s why it is essential to find an attorney who has experience with all types of drug violations. Orlando drug crime attorneys have handled the following types of Florida drug-related offenses:
- Manufacturing a controlled substance
- Delivery of a controlled substance
- Possession of a controlled substance
- Possession of a controlled substance with the intention to sell, manufacture, or distribute
- Trafficking of a controlled substance
- Selling of a controlled substance
- False obtainment of a controlled substance
- False prescriptions of a controlled substance
These are some of the most common types of Florida drug charges but there are more. The severity of the drug-related offenses varies depending upon where the offense is committed as well, for example near a school or child-care facility.
Drug Possession Charges
Florida drug laws are some of the harshest in the country and even the possession of heroin or cocaine for personal use could lead to a third-degree felony charge. Florida law differentiates between two types of drug possession.
Actual Possession
Actual possession occurs when law enforcement finds drugs on your person.. Even if the drugs don’t belong to you, you could still be charged with actual possession because the officer found the drugs in your actual possession.
However, if you’re charged with possession, an adept criminal defense attorney may be able to have these charges dismissed by proving that the law enforcement officer violated your rights, which is counter to Florida law.
Constructive Possession
In instances of constructive possession charges, prosecutors have to demonstrate that you knew where the drugs were located, the drugs were illegal, and you could exercise control over them. Meaning that you could be charged with constructive possession for being a passenger in a vehicle where drugs are found, depending on your proximity to the drugs.
Constructive possession charges can be combated by defense lawyers who question the stop and search procedures in your case and prove the officer stopped you without reasonable suspicion.
Constructive possession charges could also be dismissed by challenging prosecutors to establish all of the elements of a constructive possession charge beyond a reasonable doubt.
Drug Trafficking Charges
Cultivating, manufacturing, distributing, and selling controlled substances over a certain weight can be considered drug trafficking in Florida. Florida laws also impose minimum sentences for those accused of drug trafficking.
The minimum sentence will depend on the type and amount of controlled substances being trafficked. If you’re curious as to what minimal charges you could be facing for your drug trafficking charges, then consult with quality legal representation in Orlando FL to have those charges dropped or dismissed.
Florida Drug Penalties
Florida Statutes Section 893.13(1)(a) states that it is illegal for a person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance such as cannabis, cocaine, or heroin.
Violating this statute may lead to second or third-degree felony charges, depending upon the type of controlled substance. For example, possession of marijuana, a Schedule 1 drug, with the intent to sell, manufacture, or deliver is a third-degree felony punishable by up to five years in prison.
However, possession of cocaine, a Schedule 2 substance, with the intent to distribute, manufacture, or deliver is classified as a second-degree felony punishable by up to five years in prison.
FAQ About Orlando Drug Crimes
Drug convictions carry life-altering penalties and if you’ve been charged with a drug offense, then the following questions can provide some guidance on how to proceed:
How should I plead to my drug offense charges?
Before making any admissions of guilt, Orlando drug crime experts recommend that you consult with a defense lawyer. A skilled defense lawyer could have your charges reduced or dismissed.
The Florida criminal justice system will use all of the resources at its disposal to make a conviction and it’s equally important for you to have a law firm of defense lawyers prepared to defend your case.
Should I hire a drug crimes attorney?
Most attorneys specialize in different areas of the law. Orlando, Florida drug crimes attorney will have the local expertise necessary to defend your case in the Orlando criminal court system.
Drug crimes lawyers can conduct investigations to reveal when your rights have been violated. They can also highlight when the proof brought against you is inadequate by examining the evidence presented or questioning the manner of your stop, search, or arrest.
What are the consequences of committing a drug crime?
The consequences for each drug crime will differ. The penalties you face will depend entirely on the particular sort of charges brought against you. Usually, drug possession crimes are less severe than distribution crimes but the penalties you could face, according to Florida Law, will always be dependent upon the weight of the controlled substance you’re found in possession of.
Trafficking in the state of Florida is a first-degree felony no matter the substance and the amount you’re found to be in possession of will drastically affect your case and the potential outcomes. If you have been arrested for any type of Orlando drug crime, then you want to get your case into the hands of an accomplished Orlando criminal defense law firm soon.
How can I avoid being charged with a prescription drug charge?
Prescription drug usage is pretty common and the Center for Disease Control (CDC) reports that about 48.4% of U.S. citizens were found to have used prescription drugs in the past 30 days. Almost a quarter of U.S. citizens were found to have used three or more prescription drugs during that time.
Due to this increase in usage, Florida lawmakers are becoming increasingly aware of the illegal sale and manufacturing of prescription drugs and are dealing out harsh penalties. A criminal defense lawyer may prove that you’re legally exempt and allowed to own the prescription drugs.
Attorneys have had success demonstrating that you have a prescription, work for an agency legally dealing with the drug, or you’re a medical professional with reasonable access to the drugs for daily work. Call and consult with an attorney right away if you’ve been falsely accused of a prescription drugs crime.
Can I go to jail for growing marijuana in Florida for personal use?
The severity of Florida’s cultivation penalties will depend on the amount that you have and anything under 300 plants will be considered a first-degree felony. Florida law stipulates that residents cannot grow marijuana for personal or medical use.
Can a drug crimes lawyer protect my rights?
Drug penalties in Florida may be severe but drug crime lawyers have had success defending these types of cases by getting penalties reduced or having these crimes dismissed entirely.
A drug defense lawyer can review your case to determine if your rights were violated.
In reviewing the evidence in your case, your Orlando defense attorney can determine whether or not prosecutors can prove all of the elements of the crimes for which you’re accused. A drug charge can be found to be invalid, either due to lack of evidence or for other reasons.
Sometimes it is more practical to focus on reducing the punishment. If you are being charged with drug possession, there may be pre-trial intervention options available to you like seeking drug treatment counseling to avoid prison time.
Orlando FL Drug Attorney
Experienced Florida drug crime attorneys have experience skillfully defending the rights of clients facing drug crimes. Your professional criminal defense attorney can ensure that your rights are upheld throughout the entire legal process.
Your defense team also can use all of their skills, experience, and resources to ensure you are protected from manipulation and unjust practices. Call an Orlando criminal defense attorney to discuss your options and what’s best for your case.
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Meta Description: If you’ve been accused of an Orlando drug crime, then call the Parikh Law Firm now to protect your freedom, reputation, and constitutional rights.