Drug Crimes

Speak to a Sanford Drug Lawyer

Being accused of a drug crime in Florida can be a life-changing event, not only for the person charged but also for his or her family. If you are convicted, that can mean jail time, heavy fines, and a criminal record that may make it more difficult to find and keep a job.

It is crucial, then, that you have an experienced criminal defense attorney in your corner. Sanford drug lawyer Ryan Yadav helps people charged with a wide range of offenses fight back by mounting the strongest possible defense. Ryan is a seasoned defense attorney with a strong track record of successfully negotiating charges dropped or reduced for his clients, allowing them to move on with their lives after a drug arrest.

These are some of the types of drug crimes Ryan handles:

• Marijuana “Weed” “Pot”
• Hashish “Hash”
• Cocaine
• Heroin
• Crystal Meth 
• Ecstasy
• MDMA “Molly” Methalyne and a class of drugs grouped as “bath salts”
• Psilocybin Mushrooms and other hallucinogens and psychedelics, LSD & other forms of “acid”
• Controlled Substances
  • Oxycodone “Oxy” Roxys” and opium derivatives
  • Dillaudid
  • Alprazolam (Xanax) “Z-Bars”

Types of Drug Offenses

Florida has some of the strictest drug laws in the country, and prosecutors across the state are aggressive in their pursuit of these cases.

Drug offenses range from simple possession of a controlled substance to trafficking and manufacturing. Penalties vary depending on the type and amount of the drug, the prior criminal history of the person accused, and other factors, such as proximity to schools.

Drug Possession

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.

The state’s legislature has called for serious punishments for people convicted of drug possession. Just look at marijuana, a drug that has been decriminalized and even legalized in many places nationwide. A marijuana possession conviction in Florida can still come with a $1,000 fine and up to a year behind bars.

The seriousness of the offense depends on the type of drug and the amount. Possession of small amounts of Schedule 4 or Schedule 5 drugs – those considered less harmful than others – could be charged as a misdemeanor. Possession of harder drugs like cocaine, heroin, fentanyl, or methamphetamine is typically a third-degree felony, punishable by up to five years in prison.

Possession of Drug Paraphernalia

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.

Possession with Intent to Distribute

The penalties increase for a person charged with possessing enough drugs to be considered as intending to sell or distribute them. Prosecutors may infer intent to distribute based on the quantity of the drug, how it is packaged, and other circumstances, like if tools like scales or baggies are found with them. This charge can lead to second- or even first-degree felony charges, resulting in longer prison terms.

Drug Trafficking

Larger quantities of drugs result in trafficking charges, which are among the most serious drug crimes.

Possessing 25 pounds or more of marijuana, 28 grams of cocaine, or four grams of fentanyl qualifies as trafficking, for example. The penalties are severe and often include mandatory minimum sentences of three years or more and at least $25,000 in fines, even for first-time offenders who have never sold the drug.

Trafficking cases, in particular, can raise complicated legal questions about what qualifies as “possessing” a drug. Courts have held that a person can be considered to be in “constructive possession” of massive amounts of drugs (even if he or she is not physically carrying them) if the person has the power to exercise control over the drugs. Constructive possession often comes into play when drugs are found in a person’s home or car.

Drug Manufacturing

Manufacturing is used to charge crimes like growing marijuana or producing methamphetamine and other illegal substances. This crime is a felony and may be subject to enhanced penalties if it occurs near a school, park, or childcare facility.

Prescription Drug Offenses

Although medications are vital for treating a wide range of health conditions, possessing prescription drugs without a valid prescription is a crime. Prescription drug fraud (doctor shopping, forging prescriptions, etc.) is also a common offense.

Your Strongest Defenses to Drug Charges in Florida

The good news for anyone charged with a drug crime in Florida is that the burden is at all times on prosecutors to prove your guilt beyond a reasonable doubt.

Sanford drug lawyer Ryan Yadav can help you understand your rights and explore your options for fighting the charges against you. Here are some of the most commonly used defenses in Florida drug cases.
Illegal Search and Seizure

Some of the strongest possible defenses focus on how police officers found the drugs.

Cops typically must have a warrant to search a home or other property for evidence of a crime. There are various exceptions to that rule, however, including when the drugs or other evidence are in plain view and when officers are in “hot pursuit” of a suspect.

If a police officer does not have a warrant, the officer is required to have reasonable suspicion or probable cause, depending on the circumstances, to believe that a crime is occurring or has occurred if they want to stop you on the street, pull your car over, or search you, your car, or your home. If the officer does not satisfy this legal standard, any evidence obtained by the officer is likely to be excluded from the case against you.

Lack of Knowledge

Florida law generally does not require “intent” when it comes to drug crimes, but the law does require “knowledge.”

A person charged with a drug crime may argue that he or she did not know that they were in possession of a controlled substance. This is common in situations where a person borrows a bag or a vehicle, unaware that it contains drugs.

Knowledge can also be a defense in constructive possession cases, such as when drugs are found in a home or car that multiple people share. To prove constructive possession, prosecutors have to show that you had knowledge of the drug and the ability to control it. This is more challenging in situations where multiple people have access to the location.

Entrapment

Entrapment occurs when police officers unlawfully induce a person to commit a crime. This defense often comes up in cases involving undercover police officers and criminal informants.

Florida law generally prohibits police officers from attempting to induce someone into committing a crime in situations where that person would not have otherwise engaged in the criminal offense. Entrapment is a full defense to criminal charges in Florida, which means that you cannot be convicted of the charge if a judge or jury determines that you were entrapped.

Valid Prescription

If you have a valid prescription for a controlled substance, that is a strong defense. Prescription defenses are increasingly common in cases involving painkillers, anxiety medications, or ADHD medications, which are commonly abused but also legally prescribed.

Miranda Rights

If a defendant is taken into custody and questioned without being read their Miranda rights, any statements made may be inadmissible. This could lead to suppression of incriminating confessions or admissions that support the drug charge.

Insufficient Evidence

Whether it is a drug or other criminal case, the prosecution must prove each element of the crime charged beyond a reasonable doubt. If the case is based on circumstantial evidence or unreliable witness testimony, such as that of a jailhouse informant, an attorney may argue the evidence is too weak to support a conviction.

Frequently Asked Questions

Being charged with a drug crime in Florida can be frightening and confusing. Whether you’re facing a misdemeanor possession charge or a serious trafficking offense, it is important to understand your rights and options.

Here are answers to some of the most frequently asked questions about drug crimes in the state of Florida.

What is the difference between drug possession and trafficking in Florida?

Possession generally means you had a small amount of a drug for personal use. This can be a misdemeanor or felony, depending on the drug.

Trafficking is a more serious charge, which carries mandatory minimum prison sentences and substantial fines. It doesn’t necessarily mean you are selling drugs. The charge instead is based largely on the amount of the controlled substance involved, even if there is no evidence of selling.

Can I avoid jail time for a drug offense?

Yes, in certain situations.

Florida offers alternatives to jail for some drug offenders, such as:

• Pretrial diversion programs
• Drug court (available in many counties)
• Substance abuse treatment programs
• Probation

These options may result in reduced charges, no jail time or even dismissal upon successful completion. Whether you are eligible depends on a number of factors, including the charges against you, the circumstances of the alleged crime and your criminal history.

Will a drug conviction affect my record?

Yes. Most drug crimes are permanently recorded on your criminal record, which can impact employment, housing, professional licenses, and immigration status. In some cases, your record can be sealed or expunged, especially if charges were dropped or dismissed.

Do I need a lawyer?

You are not required to hire a lawyer if you have been charged with a crime in Florida, but there are a number of reasons why you should not test your luck by going it alone.

Drug laws are complex, and prosecutors take these offenses seriously. A knowledgeable and experienced defense attorney can review the evidence, negotiate with prosecutors, fight to suppress illegally obtained evidence, and seek to get charges reduced or dismissed.

Fight Back With Help From Sanford Drug Lawyer Ryan Yadav

If you have been charged with a drug offense in Florida, you do not need to go it alone. Sanford 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 consultation.