Drug crimes are serious offenses in the State of Florida, and they can be prosecuted at either a state or federal level, depending on the severity of the case. The penalties associated with drug charges are harsh, regardless of whether it involves drug trafficking, selling controlled substances, or being in possession of illegal drugs.
A knowledgeable lawyer will explain that crimes involving over-the-counter medication such as prescription drugs, or street drugs such as heroin, cocaine, meth, marijuana and more, can have a significant impact on your personal and professional life. In addition, your future is at high risk when you are being accused of a drug crime. However, luckily for you, there is a team of Bradenton criminal defense lawyers who are willing to fight your future.
At The Law Place, we have over seventy-five years of combined experience and a wealth of knowledge when it comes to combating criminal charges. Our list of practice areas is extensive, and it includes fighting drug charges, DUI’s, felony charges, domestic violence, personal injury cases, and more. Our law firm specializes in helping clients in Bradenton and all over the state of Florida to beat their drug charges. Every criminal defense attorney from our law firm has an in-depth understanding of the law surrounding drug crimes in Bradenton, and we will provide the best possible defense strategies.
If you are facing charges of a drug crime in Bradenton, then we highly recommend that you get in touch with a criminal defense lawyer from The Law Place. Our team of criminal defense lawyers fully understand and comprehend the complex laws surrounding criminal law and drug crimes, and they will be able to answer all your questions and explain the process to you.
Don’t hesitate to reach out and speak to a criminal defense attorney today. Contact us now at (941) 444-4444 for a free consultation, and we will fight your drug charges together in Bradenton.
Types of Drug Crimes in Bradenton, FL.
The penalties associated with drug crimes can be classed as either a felony or a misdemeanor. However, it will heavily depend on the type of crime and the facts and circumstances of the case in question. A skilled lawyer will be able to explain that there are varying degrees of severity when it comes to drug crimes, and understanding criminal law is essential when tackling drug charges. This is another reason why it is important to have the skills of an attorney from The Law Place on your side to assist you in understanding the types of crimes and the law surrounding drugs.
A list of common drug crimes includes:
- Possession of a controlled substance.
- Possessing a controlled substance with the objective to sell, manufacture, or distribute a controlled substance.
- Manufacturing a controlled substance.
- Selling a controlled substance.
- Delivering a controlled substance.
- Trafficking a controlled substance.
- Falsely prescribing a controlled substance.
- Falsely coming into possession of a controlled substance.
There are other factors that are important to consider when categorizing a drug crime, such as whether the crime was committed near school grounds or a childcare facility. Nonetheless, those who are convicted of drug crimes will be facing an extensive prison sentence and large fines.
However, those who hire a criminal defense lawyer will have a much higher success rate than those who do not hire a lawyer for their case in Bradenton. The Law Place has a reputation for protecting the rights of our clients and fighting for a reasonable outcome for each and every case.
A lawyer from our law firm will assist you in understanding the types of drug crimes that exist, and they will be able to narrow down the type of charge that you are facing in Bradenton.
Possessing and Attempting to Sell Drugs in Bradenton, FL.
Florida Statute 499.03 states that a person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug subject.
However, there are certain individuals who may be exempt from this law, such as:
- An individual who has received a valid prescription for a specific drug from a licensed practitioner and is allowed to prescribe drugs in line with the law.
- A representative of an agency or an employee who is required to handle drugs as part of their legal business and regular practice.
- A medical professional is allowed to control and manage drugs and other substances as part of their daily work.
It is worth noting here that any individual who violates this statute will be charged with a second-degree misdemeanor in Bradenton. An attorney from The Law Place will help you understand the specifics of your case and what kind of charges you will be facing.
Possessing and Attempting to Sell Controlled Substances in Bradenton, FL.
When it comes to a case of obtaining and attempting to sell a controlled substance, it can result in strict forms of punishment. It is completely unlawful to be in possession and attempt to sell any kind of controlled substance in Bradenton, Florida, as stated in Florida Statute 817.563.
Definition and Penalties of Drug Crimes in Bradenton, FL.
According to Florida Statute 893.13, a person may not sell, manufacture, deliver or possess with intent to sell a controlled substance.
An individual who possesses a controlled substance with the intent to sell will be charged with either a second-degree misdemeanor or third-degree felony charge, depending on the seriousness and type of controlled substance involved in the case.
An example of a third-degree felony charge would be when an individual is in possession of a Schedule One, such as cannabis, with the intent to sell, manufacture, or deliver. The penalties for a third-degree felony charge include spending up to five years in prison.
An example of a second-degree felony charge would be when an individual is in possession of a Schedule Two substance, such as cocaine, with the intent to distribute, manufacture, or deliver the controlled substance. The penalties for a second-degree felony charge include spending up to fifteen years in prison.
The prosecutor must prove beyond a reasonable doubt that:
- The individual was certainly in possession of a controlled substance with the intention of selling, manufacturing, or delivering it.
- The controlled substance is one as defined in Florida Statute 893.03.
- The individual was aware of or should have been aware that the controlled substance is illegal.
‘Selling’ is defined as delivering or transferring something to another individual in exchange or with the promise to provide money or something else of value to the seller, according to Florida law.
‘Possession’ is defined as an individual who had power, management, control, or ownership over the object in question.
If you feel a bit too overwhelmed with all the terms and information surrounding drug crimes, then it is important for you to get in touch with a criminal defense lawyer from The Law Pace. Our law firm has the necessary experience and knowledge to help you understand each term in Bradenton.
Drug Possession Charge in Bradenton, FL.
The criminal law involving drugs is incredibly strict in the State of Florida. Even if an individual was only in possession of a controlled substance, such as heroin or meth, this act is punishable with a third-degree felony charge, with penalties of spending up to five years in prison and receiving a hefty fine.
There are two different types of drug possession cases in Florida.
- Actual possession – When a law enforcement officer discovers drugs being physically held on you, like hiding the drugs in the pocket of your jeans. It does not matter if you own the drugs or not, as this is irrelevant to the purposes of an actual possession charge. Even if you borrowed a jacket from a friend that had drugs in their pocket, this is not a viable defense to an actual possession charge. To challenge an actual possession charge, you must question the way that the police officer conducted the stop and search that resulted in them finding the drugs on you. However, it can be said that the officer from the law enforcement had to have a valid suspicion or inkling that you were about to commit or had already committed a crime for the officer to stop and search you in accordance with the law. If the officer did not have a valid suspicion or likely reason to stop and search you, then your charges would be dismissed.
- Constructive possession – When the drugs were not physically on you, but they were found in a nearby area. A prosecutor must prove that you were fully aware of the drugs located in that place and that you had power and control over the substance. An example of constructive possession is if you were a passenger in a vehicle with other people, and the drugs were discovered under the car seat or in the back of the vehicle. To win a charge of constructive possession, the prosecutor must prove without a doubt that:
- You had full control and management over the drugs.
- You were fully aware that the drugs were in the location where the officer picked them up.
- You were fully aware of the illegal nature of the drugs.
A skilled criminal defense lawyer is aware that a charge of constructive possession or a charge of actual possession can both be challenged by questioning the stop and search conducted by the officer. Another way for a lawyer to challenge a charge of constructive possession is to prove that the prosecutor did not establish all three of the elements listed above.
Contact The Law Place in Bradenton, FL.
If you have been charged with a drug crime in Bradenton, then you will need the services of a criminal defense lawyer. The State of Florida takes drug charges very seriously and has harsh penalties set in place for those convicted of this kind of crime. That is why it is important for your own sake and livelihood to hire a criminal defense attorney.
At The Law Place, we have over seventy-five years of collective experience. We have a professional team of criminal defense lawyers at our disposal, who have the necessary knowledge to fight any drug charges you may face in Bradenton.
We understand the fear and anxiety that you might be experiencing after being held under arrest for possession of a controlled substance, and we want to be the ones to help you through. The laws surrounding drug crimes in Florida can seem extremely complex and difficult to understand, but this is where a skilled lawyer can step in to guide you through the legal system.
Our law firm has a variety of defense strategies that we can use to fight your charges in front of the judge and jury. There is no need to worry, as our law firm will do everything in our power to reduce the charges and the severity of the consequences that you are facing.
If you are looking for the best legal advice in Bradenton, then look no further. The Law Place can offer you a free consultation today, where a criminal defense lawyer will talk you through the process and give you some words of advice on the smartest move to make in your current situation. At the end of the conversation, you have the freedom to decide if you would like to hire our services under no-obligation. It is worth noting that the sooner you seek representation from our law firm, the faster we can start gathering information and preparing a defense strategy for your case.
Don’t hesitate to reach out and call The Law Place today. Our phone lines are open 24/7, and a criminal defense lawyer from our law firm will be waiting to hear from you. Contact us now at (941) 444-4444 for a free consultation, and we will fight your drug charges together in Bradenton.