In Tampa, the delivery of drugs, otherwise known as drug trafficking, is a crime that is taken incredibly seriously. If you are accused of possessing a large amount of a controlled substance with the intent to sell it, or with the intent of some sort of delivery – you could face grave consequences. If you have a large amount of the substance, you are looking at a third-degree felony, which could result in a thirty-year prison sentence. As mentioned previously, to be accused of the delivery of illegal drugs is not something anyone a person from the Tampa, FL., area wants on their hands. If you are in this situation, it is understandable that you may be at a loss as to what your next step forward could be, unaware of how you can minimize these consequences that seem incredibly overwhelming right now.
Here at The Law Place, we are no strangers to dealing with drug cases that are similar to yours. We will review your case as a collaborative collective, and together as a law firm; we will strive to work out the best possible defense for you and your case – hoping to ease you of any anxiety you might have. Once this is done, you will then receive a Tampa drug lawyer. This attorney will be by your side to guide you as swiftly through this process as possible. It will be their job, along with the rest of the law firm, to support you with their comprehensive knowledge of the drug laws in the Tampa, FL., area, as well as the entirety of the state of Florida. Please be assured that they will do all that they can to help your case.
There is never a bad time to call The Law Place. Our lines are available 24 hours a day, 365 days a year. There will always be someone at the end of the phone to help you with your free consultation. We urge you not to hesitate to contact us.
Our number is (941) 444-4444. Please call today!
Florida Statutes
According to Florida State Statute 893.13, depending on the controlled substance you have been accused of selling or used to deliver, you are looking at either a first, second, or a third-degree felony. All of which vary in severity of punishment upon the basis of the illegal drug in question.
Naturally, a first-degree felony results in much harsher punishments. The worst-case scenario is that it could result in a 30-year prison sentence as well as a $10,000 fine.
In cases such as these, you need to be able to protect yourself. Should you find yourself in a position like this, where you are facing a conviction of the delivery of illegal drugs, it is vital that you have a Tampa criminal defense attorney who has a vast knowledge of drug crimes and the resulting charges. In some cases, things can get complicated and confusing. As a client, you will need to place trust in the attorney-client relationship.
Different Charges in Tampa, FL.
As mentioned previously, there are various drug charges in Tampa, FL. Listed below are some of the variations:
- Possession of drug paraphernalia. Anything designed for storing, cultivating, producing, selling, concealing, planting, or transporting a controlled substance.
- Possession of a controlled substance.
- Selling a controlled substance.
- Trafficking a controlled substance.
- Manufacturing a controlled substance.
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Elements Required to Prove Sale, Purchase, Manufacture, Delivery, or Possession of Illegal Drugs With Intent
Every case requires some sort of proof or evidence that will show an intent to sell, deliver, or whatever the reasoning might be. In order to prove that you committed the offense of sale, purchase, manufacture, delivery, or possession of illegal drugs, the following elements need to be established by the prosecution and law enforcement:
- You possessed a substance, and you intended to sell, manufacture, or deliver that substance.
- The substance was a controlled substance, under Florida Statutes.
- You were aware the substance was a controlled substance.
Two words that can get often get confused are the laws behind “sell” and “possession.” To “sell” something in this context means to deliver or transfer the item to another person in exchange for money or something of value. It could also include even the promise of money or something of value.
The term “possession” means that you had personal control over the illegal substance. Florida law enforcement generally uses the following elements in order to prove intent:
- You had large amounts of cash, either on your person, in your home, or in your vehicle in close proximity to where the drugs were located.
- There were packaging items in close proximity to the drugs, such as baggies.
- There was drug paraphernalia in your home, your car, or on your person, including testing kits, rolling papers, scales, balances, or mixing devices.
- There were weapons in your possession.
- People associated with you told law enforcement you had the intent to sell, purchase, manufacture, or deliver.
- There were sufficient amounts of controlled substances found to indicate intent.
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Common Defenses Against Drug Possession Charges in Tampa, FL.
The possession of illegal drugs is linked to the assumption that the possession would then result in the delivery of the illegal substance. A credible Tampa criminal defense lawyer should be able to understand the unique nature of each case. Therefore, every lawyer at The Law Place possesses the knowledge to pursue your specific situation.
Listed here are some of the common defenses for Tampa drug possession charges. These conditions could present a huge turning point to use in your case.
- The police officers engaged in tactics of deliberate entrapment, which led to the accused’s arrest.
- The illegal substance did not belong to the person accused of drug possession.
- There was at least one flaw in the way the police officers identified the substance leading to the drug possession charges.
- Evidence for the drug possession charges was obtained illegally.
- The one accused of drug possession was miss-identified.
- The warrant used by the police for search and seizure purposes was either invalid or simply did not exist.
- The weight of the substance involved in the drug possession charges was incorrectly calculated.
Should you decide to place your trust in The Law Place and use us as your representatives for your case, your attorney will be able to find out all of the true facts and figures surrounding your case. Once they know this, they can work to find the best defense angle in order to offer the best kind of support as well as giving you the highest chance of getting your charge diminished or even dismissed entirely.
In order to start this step, we provide each of our potential clients a free consultation via telephone. During this time, our team can understand the initial facts of the case and make a good judgment on how to move forward with representation.
From the initial call to updates on your case status, we are here to get you answers.
Constructive Possession Explained
Due to the surrounding complexities of Florida drug laws, there are elements that can be taken advantage of by an experienced Tampa criminal defense attorney.
A good example of this would be constructive possession. This is where the drug possession charges are based on a substance, and to explain this point further, let us suggest that the drug is marijuana. If the controlled substance was found not on the actual person of the accused but in a shared space such as a car – what are the laws surrounding this situation?
Here, it would have to be proven beyond a level of reasonable doubt that:
- The marijuana was in the control of the defendant.
- The defendant knew that the marijuana was stashed in the location.
- The defendant was aware of the legal status of marijuana.
The opposition would need to prove that there was possession with intent to deliver. The burden of proof in situations like these falls to the government, and, as mentioned previously, must be proven beyond all reasonable doubt. If there is no concrete evidence for each of the stated points above, there is a likely chance that your attorney will be able to get your case reduced or perhaps dismissed entirely.
Investigation of Your Arrest in Tampa
As discussed in the previous section, it is evident that concrete evidence is of great importance, and its use is paramount in proving your innocence.
The Law Place promises both a careful and comprehensive investigation into your case. We will analyze the quality of the evidence surrounding the case, pinpointing where the intent lies, and how the evidence was originally obtained. Our reason for doing this is simple. Any inconsistency followed by law enforcement could be used by your attorney to positively impact the state of your case. It could result in you or your loved one avoiding a first-degree felony and later imprisonment.
A skilled and experienced defense attorney will quickly be able to understand whether or not the law enforcement officers involved in your case acted within the constitution and relevant laws. If they discover the violation of any of your legal rights, for example, your Fourth Amendment rights, there can be a call to have the evidence from your case suppressed and, therefore, not used against you. This will result in the likely scenario of your case being dismissed.
What to Look for When Hiring a Criminal Defense Lawyer
This will undoubtedly be a stressful time for both you and those who love you. As mentioned previously, if you are charged with the delivery of illegal drugs in Tampa, you are met with heavy consequences. Thus, it is important that you trust your representation and truly believe that they will provide you with the best possible outcome. Listed below are measures that we think are necessary for a defense attorney to complete:
- Reduce charges, or have them dismissed.
- Lower the severity of the punishment.
- Minimize jail time.
- Develop the best possible defense for your case.
Just like you wouldn’t buy a car without researching it, the same goes for your law firm. When you hire a firm to take you through this process, it is highly appropriate to do a background check of their previous work and success stories.
Because you will be working so closely with this law firm, it is important that the fee structure is clearly laid out. This process is stressful enough. You do not need any added pressure from bills sprung on you at any point during the case. It is common that some law firms might initially charge less than their competitors – but is highly likely hidden costs will be involved. This is something to be mindful of.
Questions to Ask a Criminal Defense Lawyer Before Hiring Them
Honesty is key in any situation, whether that is when discovering the intent or possession with intent – your attorney needs to know everything. Once they have this knowledge, it can be used to achieve results. Honesty will strengthen the attorney-client relationship further, and it is crucial to your overall defense strategy. We recommend that you ask the following questions below to your criminal defense lawyer:
- Have you handled cases that are similar to mine?
- What are your fees, and can I work out a payment plan?
- Have you won cases that are similar to mine?
- How many jury trials have you litigated?
- What is your track record when it comes to working out plea bargains?
- Can you provide me with references from your previous clients?
The last point is particularly important. A successful lawyer should be happy to provide potential clients with references. If they are unable to do this, this is a red flag worth noting, and you may want to move forward with your search. You deserve to have comfort instilled in you during this stressful time, and if they cannot provide this, it is not the right match for you.
What Makes The Law Place Different From Other Florida Law Firms?
Drug crime is undeniably evident in Florida. When facing a conviction or accusation surrounding the delivery of controlled substances, it is going to be a distressing experience to you or your loved one. Our criminal defense lawyers recognize how varied the laws surrounding drug possession are in Tampa, FL. The consequences, if convicted, are for life. They do not end after your sentence. If sent to jail, once you are released, it will be increasingly difficult for you to obtain a form of employment, to rent a home, to work with children in any capacity, to obtain any kind of professional license, and it also affects the process of going to college on a federal student loan.
Our attorneys have 75 years of experience between them collectively. They work as a team, striving to remain on the ball with current laws, courtroom tactics, and strategies. We have battled cases in every Florida county, as well as other federal court cases. Our attorneys boast an AVVO 10.0 rating, which is the highest possible rating. This rating is based on trial skills, awards, length of practice, associations, and other client reviews.
Contact The Law Place Today
Hiring the right kind of representation could be one of the most important life decisions you make. If you are facing an accusation of intent to sell and deliver illegal drugs, the stakes are high. You want to make sure that this case is dismissed.
What is stopping you from having your free consultation with a skilled member of our team today? Even if the evidence against you seems high, having the best defense attorney on your side is crucial in receiving the best possible outcome for you and your loved ones.
We are always available to take your call. All of our free consultations are no-obligation and entirely confidential. Our lines are even open 24 hours a day, 7 days a week, for your convenience.
Call us today in Tampa at (941) 444-4444 for a free consultation with one of our experienced attorneys.
