In the State of Florida, drug crimes in their different variations are treated with the utmost severity. No matter what the accusation, whether it is for possession of a controlled substance with the intent to sell, or the actual delivery (otherwise known as drug trafficking) – it doesn’t matter. Each comes with life-shattering consequences that you do not want. If you have a large amount of a controlled substance, the outcome is likely is a third-degree felony. The consequence of this results in 30 years in prison. No one wants a prison sentence for a drug crime on their record. Having these kinds of charges could affect your chances for future employment, renting a home, or wanting to receive federal loans, e.g., if you wanted to attend college. With all of this on your mind, we understand that it is both frightening and intimidating to decide how to make your next move.
At The Law Place, we can assure you that we have years of experience in drug cases across the State of Florida, including Tampa, FL. Once you contact us, we will review the details surrounding your case and work together to deliver the best defense outcome possible. Part of our job is to help ease the anxiety you will be feeling. Once your case is reviewed, you will be put in contact with your Tampa drug attorney. This attorney-client relationship is important, as it will be this attorney who will be by your side every step of the way. Through their extensive knowledge of Florida’s drug laws, your lawyer will be able to instill both comfort and trust in you throughout this process.
No time is a bad one to call The Law Place. Our telephone lines are open 24 hours a day, 365 days a year. There is always someone ready to help you through your free consultation. Don’t hesitate to contact us.
Our number is (941) 444-4444. Please call today!
What Are the Drug Laws in Tampa, FL?
The intricacies that outline Florida’s drug laws are listed in Florida Statute 893.13.
The drug laws in Florida are incredibly complex, and the charges, whether that be for purchase, possession, or delivery of controlled substances, vary depending on the amount and the type of substance in question. Penalties will be decided based on these facts once they’re established.
To put it into context, we will offer you an example. If you are a resident of Tampa, FL., and are caught with less than 14 grams of marijuana, this offense is known as a misdemeanor. The penalties which follow this kind of offense is a maximum of a year in prison as well as a fine that can be as much as $1,000. Conversely, if you are caught with over 20 grams, the charge becomes a felony. In this case, depending on the amount in question, the consequences could result in you facing imprisonment for between 5 and 30 years. As well as this, you can expect up to $200,000 of fines. Whether you receive a first-degree felony or a third-degree felony is purely based on how much more than 20 grams of marijuana is in your possession.
The State of Florida operates under mandatory minimum sentencing laws. In a normal sentencing situation, the judge will make room for a more lenient sentence due to the details surrounding your case. If you are found guilty of possessing a controlled illegal substance, the judge must follow the procedure and give you the mandatory minimum amount of imprisonment. This can vary, ranging from three, five, or even up to 30 years in prison, depending on the drug crimes charges you are found guilty of.
Cocaine is a class A drug, known for being much harder than marijuana. If you are found in possession of any less than 28 grams of cocaine, it still results in being sentenced to possession, which is known as a third-degree felony. If you have more than 28 grams of cocaine in your possession, the charges against you become trafficking charges as opposed to possession charges. This increases the consequences hugely. Trafficking charges for possession of 28 grams or more of cocaine becomes a first-degree felony. The charges in such cases are three, seven, or fifteen years in prison. The worst-case scenario is life imprisonment, but this will be depending on the amount of the illegal drug found in your possession. As well as this, you will receive a fine of up to $250,000.
The drug crime laws in Florida are very complex. This is why it is crucial that you have a criminal defense lawyer on your side who has extensive knowledge of the laws surrounding drug charges in Florida. If you or a loved one is in this position, contact The Law Place today for a free consultation over the telephone. Someone in our experienced team will be ready to help you.
Different Charges in Tampa, FL.
The different drug crime charges that exist in Tampa, FL., are listed below:
- 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.
As well as this, there are several other offenses that stretch beyond simply being in possession of illegal drugs that are chargeable in Tampa.
It is possible to be charged with a drug offense in Tampa, even if you do not have physical drugs in your possession. Such charges are known as the possession of drug paraphernalia. Paraphernalia is a large category, listing any equipment or instruments that are part of the use, cultivating, trafficking, selling, planting, producing, concealing, manufacturing, or storing of a controlled substance.
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Different Schedules of Controlled Substances
Tampa is governed by Florida Statute 893.03, which divides controlled substances into five categories, called schedules. They are said to relate to addictiveness and the potential to cause harm, with schedule one containing the drugs that are considered most harmful, and schedule five the least.
Schedule One
Those listed in schedule one are illegal drugs that are considered to be the most dangerous. They pose the highest potential for abuse and have no approved use within the medical field. They have the most severe penalties. If you are found with a schedule one drug in your possession, you are facing a first-degree felony and 30 years in prison. Examples of schedule one drugs are meth, crack, heroin, and LSD.
Schedule Two
Schedule two illegal drugs also have a high possibility of addiction. However, they do have medical uses and can be prescribed by a medical professional. In this category are oxycodone (OxyContin), fentanyl, Adderall, methamphetamine, Dexedrine, hydromorphone (Dilaudid), hydrocodone per dosage unit (Vicodin), cocaine, methadone, meperidine (Demerol), morphine, and Ritalin.
Schedule Three
Schedule three drugs have less potential to be abused or for the user to develop an addiction. This category includes ketamine, steroids, and products containing less than 90 milligrams of codeine per dosage unit.
Schedule Four
Schedule Four drugs are among those that have the lowest risk of dependence and abuse. It includes Soma, Talwin, Ambien, Darvon, Xanax, Darvocet, Valium, Ativan, Tramadol.
Schedule Five
Schedule five drugs include controlled substances that are supposed to have the least risk of abuse or addiction. They include cough syrups with less than 200 milligrams of codeine or per 100 milliliters, Motofen, Lyrica, Lomotil, and Parepectolin.
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Possible Defenses Against Drug Charges
Although the drug crime laws in Florida are severe, there are some things that can be done to reduce the consequences of your charges or even get them to be dismissed entirely. Your criminal defense lawyer should be able to lessen the charges against you. This is a good alternative of getting around mandatory minimum sentencing rules, which usually result in three years, five years, or even 30 years in prison.
What is important to note is that your Tampa criminal defense attorney will be basing your defense around the details relating to the circumstances surrounding your arrest. Listed below are some of the common defenses surrounding drug crimes in Tampa:
- You may have been the victim of deliberate entrapment on the part of the arresting officers.
- You did not own the illegal substance found on your person.
- The controlled substance may have been misidentified by the police officers.
- You may have been identified incorrectly as the one in possession of the illegal drug.
- The warrant used in the search could be invalid, or officers were acting without a warrant at all.
- The seized substance in question could have been weighed incorrectly.
As stated previously, it is important that you are specific with your criminal defense attorney, as they will be tailoring their defense to your circumstances. A good attorney-client relationship is crucial in order to achieve this.
If you are keen to know how an experienced lawyer at The Law Place would handle your defense case, do not hesitate to get in touch at any time of day or night for a free consultation. We want to provide you with a clear idea of how we would minimize penalties within your case, helping you achieve the minimum mandatory penalties.
From the initial call to updates on your case status, we are here to get you answers.
Investigating Your Arrest
A crucial procedure that occurs at The Law Place if you have been accused of the delivery of illegal drugs over 10 grams is to investigate your arrest with a fine-tooth comb.
In the investigation, the circumstances surrounding the lawfulness of your arrest will be analyzed. Equally, the quality of evidence for the situation and the manner of its acquisition will also be thoroughly looked at.
Any flaw in the law enforcement officers’ methods in your arrest or processing can be vital for your defense in a courtroom situation during the investigation. If your legal rights have been breached in any way, this is known as a violation of your Fourth Amendment rights. As a result, your criminal defense lawyer might be able to request a motion to suppress all of the evidence being held against you. This makes it no longer viable in court. Equally, if the law enforcement officer acted in any such way that acts outside the legal bounds detailed in the constitution or any other situationally relevant laws, your criminal defense lawyer has a right to act out against this.
Suppose your criminal defense lawyer is successful in gaining the evidence held against you suppressed. In that case, it is highly unlikely that the prosecution will be able to convict you for any of your charges. This is why we cannot stress enough the importance of having the right professional and legal representation involved with your case. It can be the difference between a first-degree felony with minimum mandatory penalties or your case cleared entirely.
Questions to Ask a Criminal Defense Lawyer Before Hiring Them
If you are being convicted of any sort of drug crimes, particularly drug trafficking of over 10 grams of illegal drugs, it is so important that you are honest with your criminal defense attorney. You need to be straight with them, as they want to do everything they possibly can to reduce your charges. By not being totally honest with them, you are risking things becoming worse for you. The more that they are aware of, the better this outcome will be. If you are fighting against a first-degree felony, listed below are some of the questions you need to ask your representation:
- Have you handled cases that are similar to mine?
- What are your fees, and what payment plan can you offer?
- What is your success rate in cases 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 to consider. If your representation is unable to provide the appropriate references, this should act as a red flag in your search for the right legal representation. A successful defense attorney should be more than happy to give you previous references of their work in cases like yours. It is their job to make you feel comfortable.
As we have stated previously, your choice of representation is of the utmost importance. They could be the only thing standing between you and imprisonment, not to mention all the fines you face financially. We recognize that as there are a lot of potential law firms and attorneys out there. Choosing the right one can be a stressful task.
Listed below are the attributes you should look for when selecting your representation:
- Trust – This is one of the most important factors in choosing your representation. All attorneys want to establish an attorney-client confidential relationship. You need to have a level of trust so you can share every detail surrounding your case.
- Experience – It is important that your representation has experience in defending those charged with similar offenses to you and in winning such cases. It is also worth inquiring about how many trails they have had that involved litigating.
- Negotiation – Negotiation is a key skill that your drug crime attorney should have. They should be able to work around mandatory minimum sentences, being a high-quality negotiator.
- References – It is of great importance that you ask those who may be representing you about their previous references and testimonials. You deserve to see the previous experience of clients who could be similar to you. If they refuse, they likely have something they need to hide. This should be enough to decide that they are not the right representation for you. Thanks to the internet, it has never been easier today to search for archives and reviews independently, so you won’t be deceived by a potential law firm with red flags.
What Makes The Law Place Different From Other Florida Law Firms?
Here at The Law Place, we recognize how stressful of a process it can be if you are accused of the drug crime of delivering over 10 grams of an illegal drug. It is a charge that, for many, is life-altering. We will stand by your side every step of the way, studying your case from every angle in order to prepare a defense strategy that is most suited to you. So that whoever hears it, whether that be a jury or judge, will be able to understand your side of the story.
The Law Places boasts a team that has 75 years of combined experience. Our team work tirelessly to consistently update themselves on the law and are always eager to sharpen their already strong courtroom skills. The Law Place has worked in almost every Florida County, a large number of cases being in Tampa. Equally, we have represented in federal court cases. Many of the attorneys on our team are AVVO 10.0 rated, which is the highest rating existing on the site. This rating is based on trial skills, awards, length of practice, associations, and importantly, client reviews.
Contact The Law Place Today
We realize that hiring the right criminal defense lawyer for your accused drug crime is one of the most important decisions you’ll ever have to make. It could be the difference between being convicted between a first-degree felony for drug trafficking followed by a long prison sentence, and having your charges entirely dismissed.
Even if it seems like the evidence against you is high, having a strong drug crime attorney by your side gives you the best possible chance of receiving a positive outcome.
We at The Law Place are confident that we provide an excellent standard of representation, giving your case the attention it deserves. We have helped thousands of clients in the lowest points of their lives, and we want to extend this help to you.
Call us today in Tampa at (941) 444-4444 for a free consultation with our team.
