Orlando Drug Lawyer
If you’re arrested for committing a drug crime, you may be curious as to what your rights are. It’s not always easy to determine whether you should hire criminal defense lawyers and who’s legal advice you should listen to.
Orlando drug crime punishments under Florida law can be very severe. The actionable steps that you decide to take when suspected of a drug crime may determine if you end up with a criminal record or not.
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 implementing 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, drug crimes committed near a school or child-care facility could result in harsher penalties, and you may be tried on the federal level as well. If you’re concerned about the federal government getting involved in your drug crime charges, contact Orlando drug crime lawyers today for a free case evaluation.
Statistics About Florida Drug Offenses
According to The Florida Uniform Crime Report, there were a total of 134,396 arrests for Drugs/Narcotics Offenses reported in 2018. Of these arrests, 5,404 were juveniles, and 128,992 were adults. Whether you are charged as an adult or have a child who has been arrested and charged with a Florida drug offense, you must work with an Orlando criminal defense attorney who won’t make you feel like just another number.
Please note that due to Florida’s hierarchical reporting system, the data presented does not necessarily indicate the total drug or narcotic arrests. Under this system, many arrests only result in the most severe offense being reported. That means anyone charged with drug or narcotics offenses who were also charged with a more serious crime at the same time may not have been entered in the reporting database as a drug or narcotic arrest.
Florida Drug Possession
Florida drug laws are some of the harshest in the country. 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 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 on you.
However, suppose you’re charged with possession. In that case, 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 statutes.
Your constitutional rights protect you from unlawful searches and seizures. Many drug crimes cases have been dismissed due to unlawful arrest procedures.
If you require legal advice about your arrest procedure and feel that your drug charges are unfair, speak with an Orlando drug crime law firm today.
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. This means 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 fought by defense lawyers who question your case’s stop and search procedures and prove the officer stopped you without reasonable suspicion.
Constructive possession charges could also be dismissed by challenging prosecutors to establish all 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. Trafficking cocaine, for example, is a major offense in Florida.
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 experienced in Orlando, FL drug cases to discuss having your 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, deliver, possess with intent to sell, or manufacture 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 a Schedule 1 drug like marijuana 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.
If you have more questions about drug lawyers in Orlando, read on for our most frequently asked questions or contact Parikh Law Firm to discuss your case.
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 criminal defense lawyer will work to have your charges reduced or dismissed.
The Florida criminal justice system will use all of the resources at its disposal to make a conviction. 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. An 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 if 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 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 possess will drastically affect your case and its 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 prescriptions 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 the defendant has a prescription, works for an agency legally dealing with the drug, or is 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?
Florida law stipulates that residents cannot grow marijuana for personal or medical use. The severity of Florida’s cultivation penalties will depend on the amount that you have. Anything under 300 plants will be considered a first-degree felony.
Can a drug crimes lawyer protect my rights?
Drug penalties in Florida may be severe, but drug crime lawyers have successfully defended these types of cases by reducing penalties or having these crimes dismissed entirely.
A drug defense lawyer can review your case to determine if your rights were violated. When 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 invalid, either due to lack of evidence or other reasons. Sometimes it is more practical to focus on reducing the punishment.
If you are charged with drug possession, pre-trial intervention options may be available to you, like seeking drug treatment counseling to avoid prison time.
Should I use a public defender in my drug crimes case?
There are a lot of good public defenders out there. However, public defenders also handle a lot of cases. Depending on the complexities of an individual’s case, it may require a great deal of time to mount a successful defense. A public defender may not have the time to devote the necessary work that your particular case requires.
What is the most common drug offense?
Possession is the most common drug offense, especially in arrests made under local drug laws. If you’ve been wrongfully accused of possession of a controlled substance, contact an Orlando, FL drug attorney immediately.
What is the mandatory minimum sentence for drug possession in Florida?
Under Florida Statutes Chapter 775, the state legislature determines the minimum mandatory sentences. Depending on the circumstances of your drug crime arrest in Florida, you could be facing a minimum of 3-years in prison and face a fine of up to $50,000. Other penalties may include losing your driver’s license and a criminal record that could prevent you from securing housing, loans, or employment. Take your drug charges seriously by contacting Parikh Law Firm in Central Florida today.
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 can also use all of their skills, experience, and resources to protect you from manipulation and unjust practices. Call an Orlando criminal defense attorney to discuss your options and what’s best for your case.
We are former prosecutors dedicated to protecting you from drug offenses. Our criminal defense law firm uses our knowledge of drug charges to help you avoid jail time, build sound defense strategies. We protect criminal defendants from drug possession cases, trafficking charges, drug paraphernalia charges, and other types of illegal drugs cases.
Contact our Orlando drug crime lawyers at Parikh Law Firm today to get answers about your case with our free case evaluation.