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Exploring Your Defense Options When You’ve Been Charged With a Drug Crime
Drug crimes are some of the most common types of criminal charges defendants face in Florida, and they can lead to severe repercussions. Whether you were found with a controlled substance in your possession during a routine traffic stop or you are being charged with a more serious offense, such as drug trafficking, having experienced legal representation can help you present a strong defense and minimize the potential penalties.
At George Reres Law, PA, we help clients in Fort Lauderdale and the surrounding areas understand the crimes they’ve been charged with and what defense options they have. Learn more about the different types of drug crime charges in Florida, what penalties you could face if you’re convicted, and how a drug defense attorney can help you fight back.
Understanding the Different Drug Crime Charges
The first step in defense strategizing is to understand precisely what you’ve been charged with and what it could mean if you’re convicted. Below are some of the most common drug charges in Florida, including whether they are classified as misdemeanors or felonies.
Possession of a Controlled Substance
Drug possession is the most common drug crime, and it applies to a variety of substances, from prescription drugs to marijuana. Some of the most common controlled substances include meth, cocaine, ecstasy, and marijuana. If a law enforcement officer finds these substances on your person or in your possession, such as in a backpack or your vehicle, you could face criminal charges. This includes prescription medications, such as Oxycodone or Adderall, if you don’t have a valid prescription.
Possession of a controlled substance can be a misdemeanor or a felony, depending on the type of the substance and how much was found. For example, possession of less than 20 grams of marijuana is a first-degree misdemeanor. Possession of less than 28 grams of cocaine, on the other hand, is a third-degree felony.
Possession With Intent to Sell
If you have more than a personal amount of a controlled substance in your possession, you can be charged with possession with intent to sell, which is a felony. The degree of the felony depends on the substance and the amount, but it’s possible to be charged with a first-degree felony in some cases. It may be more likely for someone to be charged with possession with intent to sell if they also have other paraphernalia, such as baggies, scales, or large amounts of cash.
Drug Trafficking
Trafficking is one of the most serious drug crime charges, and it is generally a first-degree or second-degree felony, which can carry a significant prison sentence. Trafficking charges usually involve large amounts of controlled substances or evidence that shows that the defendant was crossing state lines, or attempting to, with the substance.
Fighting Drug Crime Charges
Each drug crime case is unique, but the charges require the prosecution to demonstrate specific elements, such as intent in the case of trafficking. This means that there are some common legal strategies that may be more effective than others.
Unlawful Search and Seizure
Drug crime cases hinge on the defendant being found in possession of the substance. However, the law outlines specific requirements for law enforcement officers when conducting a search and seizure. For example, they generally need probable cause or a search warrant to search your person or your property unless you give consent. If there are concerns about the validity of the search, an attorney can use this to suppress key evidence.
Lack of Knowledge
Some drug crimes require the defendant to have knowingly participated in the action. For example, drug trafficking requires knowledge and intent. However, if the defendant was unaware that they were transporting drugs, an attorney could use this to argue that there is no legal basis for the charge. It’s important to note here that simply saying that the drugs weren’t yours or that you didn’t know they were there isn’t enough. A defense attorney must present this argument with evidence and testimony that can create reasonable doubt.
Not a Controlled Substance
Many substances look alike, and it can be difficult to accurately determine what an unmarked white powder is, for example. While there are lab tests that law enforcement officers can use to attempt to identify a substance, these aren’t without issues and can return incorrect or inconclusive results. A defense attorney may be able to point out chain of custody issues with the substance or introduce doubts about the validity of the lab test or contamination of the sample to fight this part of the case.
Plea Bargain
If the evidence against you is strong, an attorney may recommend negotiating a plea bargain with the prosecution, which could help you avoid the worst of the penalties. For example, you may be able to go through a diversion program or agree to complete a substance abuse program instead of being sentenced to jail. An attorney can discuss the pros and cons of this option and help you determine if it’s a possibility you should consider.
Getting Help From a Drug Crimes Attorney
If you’ve been accused of a drug-related offense in Fort Lauderdale and you want to know more about your defense options, contact George Reres Law, PA, at 954-543-1186. We offer a free strategy session so you can learn more about how our law firm operates and what we can do to help you reduce the potential penalties associated with your charge or even get your case dismissed. Call today to take the first step in fighting for your freedom.
