Orlando Drug Crime Attorney
Drug offenses are harshly prosecuted, and it can be overwhelming to find yourself facing these charges. Conviction of a drug offense may carry penalties like imprisonment, fines, and other long-term penalties. Securing legal defense from an Orlando drug crimes lawyer is the most important thing you can do to protect your interests, your rights, and your future.
Many drug charges are felonies, which have more significant penalties and consequences to your freedom than misdemeanors. Both types of charges can have immediate criminal consequences and harm your future opportunities for housing, employment, and education.
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While there are options for some to expunge a record after conviction, it is more beneficial to avoid conviction in the first place. The right lawyer is crucial to avoid or mitigate these penalties if you have been charged with Drug Possession, manufacturing, trafficking, or other drug offenses.
Robert B. Fisher defends his clients against drug charges, from minor to severe. He has 45 years of experience in the criminal justice system, and he knows the intricacies of the system and how to navigate it. His results are his reputation. He can provide you with a comprehensive and skillful legal defense. He takes the time to understand your situation and inform you of your rights and options you have for strategic defense.
Defense lawyer Robert B. Fisher guides you through a criminal justice system, so you don’t have to do it alone. His support is invaluable against drug charges to protect your rights and your future. He leverages his significant experience in criminal defense to find the ideal resolution to your case and will fight diligently for it.
What Are Common Drug Offenses in Orlando?
Drug offenses are penalized based on several factors, including the type of controlled substance involved, the amount of controlled substance, and the type of crime being committed. Many drug crimes are considered felonies. Some of the most common drug crimes include:
- Drug Possession
- Drug Possession with the intent to sell
- Manufacturing or cultivation of controlled substances
- Drug Trafficking
- Falsely obtaining or prescribing a controlled substance
Penalties can also be affected by other aggravating factors, such as the location where they were committed, whether a minor was involved, prior drug convictions, and the use of weapons. Even if the drug charge you face seems minor, it is important to find a skilled lawyer to protect your rights and potentially prevent you from being convicted.
Understanding a Drug Possession Charge
Drug Possession charges in Florida prohibit a person from having actual or constructive possession of a controlled substance unless under a legal and valid prescription. Although possession may be one of the least severe drug charges, it could still be a felony, depending on the circumstances. You could be found guilty of Drug Possession for having a controlled substance on your person or under your control.
- Actual possession occurs when you have physical possession of the substance, such as the substance being in your pocket, in a bag you are carrying, or in your hand. Actual possession may be challenged if you did not know the drugs were on your person.
- Constructive possession occurs when you do not have actual possession, but the drugs are in a location you had control over, such as your vehicle. It must be proven that you have control over the location, knew the substance was in the location, and had the ability to exercise dominion and control over the substance, to prove constructive possession.
Possession of a controlled substance is generally charged as a third-degree felony, but this may differ depending on the specific substance involved. Other possession penalties include:
- Possession of a Schedule V substance is a second-degree misdemeanor, which includes up to 60 days in jail
- Possessing less than 20 grams of cannabis is a first-degree misdemeanor, which may result in up to one year in jail
- Possession of 10 grams or less of a Schedule I or certain Schedule II substances is a first-degree felony, which can lead to up to 30 years in prison
If the amount of substance you possess is more than these amounts, charges can get much more severe. It is crucial to have the right lawyer by your side to limit the effects of criminal penalties on your life.
Potential Defenses Against Drug Possession Charges
The exact defenses for a Drug Possession charge will rely on the unique circumstances of your arrest and how the controlled substances were discovered. Some potential defenses may include:
- Lack of Knowledge: If you did not know about the controlled substance on your person or in a location under your control, this may be a defense against possession charges. Another person may have left the substance in your vehicle, in your home, or in a jacket you were wearing. The prosecution must prove you knowingly possessed the substance.
- Rights Violations: If the arresting officer violated your constitutional rights during the arrest or while conducting a search and seizure, the evidence against you gathered at the arrest may be inadmissible in court. An officer must have probable cause, consent, or a warrant to conduct a search and seizure. If significant evidence is inadmissible, the prosecution may drop the case against you.
- Lack of Control: For the prosecution to prove constructive possession, you must have access to or control of the location in which the substance was found. If it was in a location you did not have control over or access to, then this may be an effective defense.
Understanding Drug Trafficking Charges
Drug Trafficking is the knowing sale, manufacture, importation, or possession of a controlled substance. Trafficking does not require a trafficking ring but can be charged even if one person possesses significant amounts of a controlled substance. Drug Trafficking penalties include mandatory minimum prison sentences and incredibly high fines.
Drug Trafficking charges are typically charged as first-degree felonies, and different amounts and types of controlled substances have their own listed penalties.
The penalties for a conviction of cannabis Drug Trafficking are as follows:
- A mandatory minimum term of three years and a fine of $25,000 for trafficking between 25 pounds and 2,000 pounds of cannabis or between 300 and 2,000 cannabis plants
- A mandatory minimum prison sentence of seven years and a fine of $50,000 for trafficking between 2,000 and 10,000 pounds or between 2,000 and 10,000 cannabis plants
- A mandatory minimum term of 15 years in prison and a fine of $200,000 for trafficking more than 10,000 pounds or more than 10,000 cannabis plants
The penalties for Drug Trafficking of cocaine are as follows:
- A minimum term of three years imprisonment and a fine of $50,000 for trafficking between 28 grams and 200 grams of cocaine
- A mandatory term of seven years and a fine of $100,000 for trafficking between 200 grams and 400 grams of cocaine.
- A mandatory minimum imprisonment term of 15 years and a fine of $250,000 for trafficking between 400 grams and 150 kilograms.
- Trafficking more than 150 kilograms of cocaine is a first-degree felony with life imprisonment as the maximum penalty.
- Trafficking more than 300 kilograms of cocaine, with the knowledge that it will likely result in someone’s death, is a capital felony.
The penalties for trafficking morphine, opium, or any derivative, including heroin, are as follows:
- A mandatory minimum prison term of three years and a fine of $50,000 for trafficking between four and 14 grams
- A minimum sentence of 15 years and a fine of $100,000 for trafficking between 14 and 28 grams
- A mandatory sentence of 25 years and a fine of $500,000 for trafficking between 28 grams and 30 kilograms.
- Trafficking more than 30 kilograms results in a first-degree felony with life imprisonment as the maximum penalty.
- Trafficking more than 60 kilograms with the awareness that it will likely cause the death of a person is a capital felony.
The penalties for trafficking hydrocodone or codeine or a mixture of the substance are as follows:
- A mandatory minimum term of three years and a fine of $50,000 for trafficking between 28 and 50 grams.
- A minimum imprisonment term of seven years and a fine of $100,000 for trafficking between 50 and 100 grams.
- A minimum sentence of 15 years and a fine of $500,000 for trafficking between 100 and 300 grams.
- A mandatory term of at least 25 years and a fine of $750,000 for trafficking between 300 grams and 30 kilograms.
- Trafficking more than 30 kilograms is a first-degree felony with life imprisonment as the maximum penalty.
- Tracking over 60 kilograms with the knowledge that it likely will cause someone’s death is a capital felony.
Drug Trafficking charges are very serious, and the support of a lawyer is crucial. Trafficking charges may even be charged at the federal level because of their severity. An effective lawyer will be able to determine potential defenses or options for plea deals to mitigate the most significant penalties.
How Can a Lawyer Help With Drug Crime Charges?
An experienced criminal defense lawyer has handled numerous drug offense cases and can use this knowledge to strategize the right defense to minimize or eliminate your penalties.
A lawyer will discuss the situation with you, investigate the arrest and evidence against you, and determine what the ideal outcome is. It is not always possible to have the charges against you dropped, but having the penalties reduced can protect certain rights. A lawyer can determine if your rights were violated during an arrest or search, which may result in insufficient evidence against you. A defense lawyer will search for weaknesses in the evidence against you to better protect your future.
FAQs:
The cost of a criminal drug defense lawyer in Florida is not a set amount. A more experienced lawyer is likely to charge a higher rate and is also more likely to secure a favorable outcome for you more quickly. There are other factors which influence a lawyer’s costs, including:
- The severity of the drug offenses with which you are charged.
- Where the firm is located
- The complexity of your case
- Whether the lawyer charges a flat fee or an hourly fee
How you beat a Drug Trafficking charge in Florida will rely on your unique circumstances, and you are more likely to beat the charge with the resources and knowledge of an experienced defense lawyer. Potential defenses to Drug Trafficking may include:
- Illegal search and seizure and/or lack of probable cause
- Insufficient evidence
- Entrapment by law enforcement
- Lack of knowledge of the substance
- Lack of criminal intent
- Duress or coercion
- Chain of custody errors with evidence
- No intent to sell or distribute
The minimum sentence for Drug Trafficking in Florida will depend on the type of controlled substance involved in the offense.
The minimum sentence for trafficking cannabis is when someone is convicted of possessing between 25 pounds and 300 pounds of cannabis, which results in a minimum sentence of three years in prison and $25,000 in fines.
The minimum sentence for cocaine is the possession of 28 grams to 200 grams of cocaine, which results in a minimum sentence of three years in prison and $50,000 in fines.
In Florida, you may or may not go to jail for a first-time drug offense, depending on the type and severity of the offense. Some drug charges, like Drug Trafficking, have mandatory minimum sentences. This means that a judge cannot waive that minimum sentence, which could be a lengthy period in prison.
However, there are drug charges which are less severe. When a drug charge is minor, like possession for personal use, and is a less dangerous substance, judges are more likely to be lenient. A lawyer can also help advocate for alternative sentencing outside of jail.
Reach Out to Robert B. Fisher, P.A. – Skilled Orlando Drug Crimes Lawyer
Conviction of a drug offense not only has immediate criminal penalties, some of which result in prison time, but it can also harm your future once you have served your sentence. Robert B. Fisher, P.A. can help you understand the charges you face and what options you have to protect your rights and your future. Contact Robert B. Fisher today.
