Drug offenses are taken very seriously in Florida, especially when it comes to their distribution and delivery. Drug crimes are prosecuted under both state and federal law, depending on the severity of the charges. If you are accused of the delivery of drugs over 10 grams, you could be looking at life-altering consequences, including up to 30 years in prison. You should enlist the support of a criminal defense attorney who will work to help you avoid the worse consequences.
If you are being accused of drug trafficking in North Port, then there is no time to waste. Once you have a conviction, it will be too late. You will have a permanent criminal record that will affect where you can live, the work you can do, and even your right to own a firearm.
Here at The Law Place, we are ready to listen to your story and get to work developing an aggressive defense strategy. We will do everything possible to aid you in your case. Do not face an uphill legal battle alone. Contact us today for a free consultation. A North Port drug lawyer is waiting to hear from you, and our phone lines are always open.
Contact us today at (941) 444-4444.
What Are the Types of Drug Crimes in North Port, FL?
When it comes to drug crimes, there are many different types of charges. These can be categorized as misdemeanors or felonies, depending on the circumstances of your case, the leniency of the judge, and the quality of your representation.
A skilled North Port criminal defense attorney will be able to explain the laws surrounding the specific details of your case in a free consultation. At the very least, you will be armed with a better understanding of your case. Or if you agree to representation, then you will have someone fighting for you every step of the way.
Common Florida drug crimes include:
- Possession of an illegal drug.
- Sale of an illegal drug.
- Drug trafficking.
- Possession of an illegal drug with intent to cultivate, supply, or manufacture.
If you have been arrested for a drug crime, then the categorization can be affected by many things. Such as where you were arrested, i.e., if you were near a school or an assisted living facility, then your punishments could be elevated.
Your charge may also depend on the quality of the evidence brought against you. Your defense lawyer will look to exploit any weaknesses in an attempt to have your charges reduced or dismissed entirely. High-quality legal representation will give you a much better opportunity to escape the worse penalties. At The Law Place, we put your needs first.
Florida Statutes
North Port is governed by both federal and Florida state law. In accordance with Florida Statute 893.13, you could face a first, second, or third-degree felony for delivering drugs depending on the amount you were caught with and what schedule the substance falls into.
A first-degree felony is the most serious and could result in up to 30 years in prison and a fine of up to $10,000.
Different Schedules Controlled Substance in Florida
In line with Florida Statute 893.03, controlled substances are split into five categories, called schedules. They are considered to be defined by their potential to cause harm and whether or not they have a medical use. However, there is some debate as to where different drugs should sit.
Schedule One
Schedule One drugs are considered the most addictive and dangerous, without any medical use. They also have the highest penalties associated with them. These drugs include heroin, crack, meth, and LSD.
Schedule Two
Schedule Two drugs still have a high likelihood of abuse and addiction. However, many of them have medical applications as well. They include morphine and Adderal.
Schedule Three
Schedule Three drugs have a lower risk of addiction and abuse, such as ketamine and steroids.
Schedule Four
Schedule Four drugs have a lower chance of dependency or harm and include Xanax and Soma. Many of these drugs have medical applications but remain controlled substances because of their potentiality to be abused.
Schedule Five
Substances in schedule Five are considered to be the least dangerous and addictive and have the least-severe penalties associated with them. They include cough syrup and Lyrica.
Elements Required to Prove Sale, Purchase, Manufacture, Delivery, or Possession of Illegal Drugs
In the State of Florida, there must be evidence to show that you delivered controlled substances or had the intent to sell. The main elements that the prosecution will look to evidence are:
- You were fully aware of the nature of the controlled substance.
- You were in possession of a controlled substance, and you intended to sell, manufacture or deliver it.
- The substance was classed as an illegal controlled substance.
Each of these elements can be brought into question by your defense. For example, in order to prove that you sold a drug, it must be proven that cash or something else of value was exchanged. Furthermore, for you to be in possession of a drug, you must have had individual authority over that substance.
Law enforcement may look to prove that:
- You possessed large quantities of cash.
- You had drug paraphernalia used for the sale and delivery of drugs, such as baggies, mixing substances, and scales.
- There are witnesses who are willing to testify that you held the intention to purchase, sell, deliver, or manufacture.
- Law enforcement found large quantities of the controlled substance, enough to suggest that you had the intent to sell or deliver the substance.
Common Defenses Against Drug Possession Charges in North Port, FL.
While law enforcement often assumes that the possession of illegal drugs over ten grams must mean that you intended to sell them, this is not always the case. Punishment can be severe for delivering drugs over 10 grams, but a defense attorney will do everything possible to prevent that charge from being brought against you.
Every case is unique, and we will take the time to understand your case and put together the best possible defense strategy. After all, your future depends on it.
Some common defense strategies for fighting against drug charges, whether it be possession, sale, or trafficking, include:
- The law enforcement officers used methods of entrapment, and therefore their evidence is invalid.
- Law enforcement acted outside the boundaries of the law when gathering evidence, and therefore any evidence brought against you is invalid.
- You have been misidentified.
- The illegal drugs did not belong to you.
- The illegal drugs were incorrectly weighed, identified, or calculated.
Contact The Law Place in Florida Today!
If you or a loved one are being accused of drug crimes in Florida, then you need to act quickly so that the best possible defense strategy can be formulated.
At The Law Place, most of our attorneys have an AVVO rating of 10.0, the highest possible. This is based on client reviews, awards, and years in service, as well as other factors. We have over 75 years of combined experience and what sets us apart from other law firms is that we will take the time to assess your case as a team. This means that your case will be reviewed by a team of attorneys with a range of knowledge and experience. No stone is left unturned. We will work tirelessly to develop the best possible defense.
At the same time, one of our attorneys will take the role of your advocate, supporting you every step of the way and being on hand to answer questions.
We are upfront about all costs and have payment plans available so that anyone can have access to high-quality defense.
But don’t take our word for it. See our many positive client reviews, or phone up and ask us anything you need to. Our phone lines are always open, so we can be there for you in your time of need.
Call us today and arrange a no-obligation-free consultation. You have the choice to either walk away with a better understanding of your case, or you can agree to representation and let us take over. So call us now on (941) 444-4444.