Drug Crimes

Seek Help from a Lake Mary Drug Lawyer

Florida’s drug laws are some of the country’s most strict, and local prosecutors across the state enforce them aggressively.

Convictions can result in harsh penalties, including jail or prison time, probation, loss of driver’s license, and a permanent criminal record. Mandatory minimum sentencing for some of these offenses means people charged with them can face decades behind bars.

With all that at stake, it is vital that anyone suspected or accused of a drug crime in Florida have an experienced defense attorney in his or her corner. A lawyer will help you understand your rights and options and work aggressively to build the strongest possible defense.

Lake Mary drug lawyer Ryan Yadav has more than a decade of experience helping people throughout Seminole County fight back after being charged with drug crimes. Ryan is a tireless advocate with a strong track record of successful results for the people he represents.

Florida Drug Laws

State law categorizes controlled substances into five schedules, based on factors such as medical use and potential for abuse.

Schedule I drugs, which are considered to have the highest abuse potential and no accepted medical use, include heroin, LSD, and ecstasy. Those farther down the chart include prescription medications, such as codeine and Xanax, which are in the Schedule III to V range.

As an example of just how seriously Florida law enforcement takes drug offenses, marijuana continues to be treated as a Schedule I drug. Although marijuana has been decriminalized and legalized in other parts of the country, a possession conviction in Florida can still come with a $1,000 fine and up to a year behind bars.

Common Types of Drug Charges in Florida

The penalties for drug offenses in Florida vary based largely on the type and quantity of illicit substance involved.

Possession of a Controlled Substance

Possession is one of the most frequently charged drug crimes in Florida and across the country. It generally involves knowingly having a controlled substance without a valid prescription.

Misdemeanor possession is often charged for offenses involving smaller amounts of marijuana, up to 20 grams. It carries a penalty of up to 1 year in jail, a $1,000 fine, and driver’s license suspension.

Cases involving larger quantities of marijuana – or any amount of drugs like cocaine, heroin, ecstasy – are typically tried as felonies. A third-degree drug possession felony is punishable by up to five years in prison and a $5,000 fine. A conviction may also lead to probation, mandatory drug counseling, or required community service.

Possession with Intent to Sell or Distribute

The penalties increase for a person charged with possessing enough drugs to be considered as intending to sell or distribute them. Other evidence, like packaging that suggests distribution, scales, or baggies, may also be used to support this charge.

These offenses are typically charged as second- or third-degree felonies, depending on the substance and other factors. They are punishable by up to 15 years in prison and $10,000 in fines for Schedule I or II drugs.

Drug Trafficking

Trafficking charges come into play when even larger quantities of drugs are involved.

A person found with a large enough quantity can be charged with trafficking, even if there is no evidence of sale. Trafficking charges often are imposed for based on the following thresholds:

• Marijuana: 25 lbs or more
• Cocaine: 28 grams or more
• Heroin: four grams or more
• Oxycodone: seven grams or more
• Fentanyl: four grams or more
• Methamphetamine: 14 grams or more

Drug trafficking is a first-degree felony in Florida. A conviction comes with certain mandatory minimum sentences, ranging from 3 to 25 years, depending on the type and amount of drug involved. Fines in these cases span from $25,000 to $500,000.

Drug Manufacturing

Manufacturing includes producing or preparing controlled substances, such as cooking methamphetamine or growing marijuana plants. It is often charged as a second- or first-degree felony, with penalties increasing if it occurs near a school, park or childcare facility.

Prescription Drug Crimes

Florida has cracked down on unauthorized possession or distribution of prescription drugs in response to the rise of opioid abuse. Cops and prosecutors are particularly sensitive to offenses involving Oxycodone, Hydrocodone, Xanax, and Adderall.

Possession without a valid prescription can result in felony charges, even for a small quantity. Doctor shopping—obtaining multiple prescriptions from different doctors—and forging prescriptions are also aggressively prosecuted.

Drug Paraphernalia Possession

This offense is used to charge people for possessing items used to consume, package or manufacture drugs. Pipes, syringes, or scales are among the most common paraphernalia. Although this offense is usually charged as a misdemeanor, it can still result in jail time and a criminal record. Certain paraphernalia can also be used as evidence of intent to distribute.

Penalties Beyond Incarceration

Jail time is often considered the most serious impact of a drug offense, both for the person charged with the crime and his or her family. It is important to understand, however, that a drug conviction in Florida can have other serious long-term consequences:

• Driver’s license suspension
• Probation and regular drug testing
• Loss of student financial aid and public housing eligibility
• Ineligibility for certain jobs and professional licenses
• Immigration consequences for non-U.S. citizens
• Social stigma

This is why it is crucial to fight these cases head-on and explore alternatives to traditional prosecution. Lake Mary drug lawyer Ryan Yadav can help.

Defending Drug Crimes in Lake Mary

There are several possible defenses for people charged with drug crimes in Florida, depending on the circumstances.

Unlawful Search or Seizure

This is among the most common defenses in drug crime cases. If evidence was obtained through an illegal search, it may be suppressed.

Police officers typically must have a warrant from a judge if they want to search a home or car for evidence of a crime, for example. Exceptions to the rule include situations in which drugs or other evidence are in plain view or when officers are in “hot pursuit” of a criminal suspect.

Lack of Knowledge

Florida law allows a person charged with a drug crime to argue that he or she did not know they were in possession of a controlled substance. If a person borrows a friend’s backpack or vehicle and is unaware that it contains drugs, for instance, a lack of knowledge can be raised as a defense.

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. This often arises in sting operations involving undercover officers or informants. If an officer pressures or coerces a person into buying or selling drugs, a valid entrapment defense might exist.

Valid Prescription

If the person accused had a valid prescription for the controlled substance at the time, he or she can present it as a defense. This is especially relevant in cases involving painkillers, anxiety medications, or ADHD medications that are commonly abused but also legally prescribed.

Insufficient Evidence

As with any criminal charge, the burden is always on the prosecutors to prove guilt beyond a reasonable doubt. That is a higher standard than simply showing that it is likely or even more likely than not that you committed the offense. An experienced criminal defense lawyer will test every element of the crime and look to exploit holes in the evidence.

Speak With Lake Mary Drug Lawyer Ryan Yadav

If you have been charged with a drug offense in Florida, you do not need to go it alone. Lake Mary drug lawyer Ryan Yadav can help you understand your situation and begin defending the case right away. Ryan will fight aggressively to protect your rights. Call 407-878-7855 or contact us online to schedule a free, no-strings-attached consultation.

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Lake Mary Drug Crime Frequently Asked Questions

What’s the difference between possession and trafficking?

Possession refers to having a drug for personal use or control. It may be a misdemeanor or felony, depending on the drug and amount.

Trafficking, on the other hand, is determined by the weight or quantity of the drug. It does not matter whether you actually intended to sell the drug. Trafficking charges carry mandatory minimum prison sentences, often starting at three years and increasing based on the amount.

Can drug charges be dismissed or reduced?

Yes, depending on the facts and your record.

In some cases, charges are dismissed if prosecutors determine they cannot prove the offense. That includes situations in which a judge rules that evidence must be thrown out because it was obtained through an illegal search.

In other situations, a person charged with a crime may be able to have it reduced to a lesser offense through a plea deal. First-time offenders often qualify for pretrial diversion, allowing them to avoid prosecution.

What is pretrial diversion or drug court?

Florida offers diversion programs for first-time or low-level, non-violent drug offenders. These programs focus on treatment and rehabilitation, rather than punishment. They often require:

• Drug counseling
• Random drug testing
• Community service
• Probation

A person who successfully completes a diversion program can have the charges against them dismissed.