In Bradenton and the State of Florida as a whole, drug crimes are treated very seriously. Possession of any controlled substance with the intent to manufacture, sell, or deliver is a felony offense. Depending on the type of controlled substance involved, those accused could be facing anything from a third to a first-degree felony and the prospect of many years in jail.
If you have been arrested and charged for the manufacture of illegal drugs with the intent to sell, you are going to need legal representation. At The Law Place, our team has over seventy-five years of combined experience defending those accused of drug crimes.
Contact us today to schedule a free consultation. Our telephone number is (941) 444-4444 and our phone lines are open 24 hours a day, 7 days a week.
Florida’s Manufacturing and Drug Cultivation Laws
In the State of Florida, the sale, possession, and use of illegal substances are prohibited. In addition, the state prohibits the cultivation or manufacturing of drugs, and the penalties for these acts are extremely serious.
This may include the growing of marijuana plants as well as any operations to process or make controlled substances such as phencyclidine (PCP), cocaine, methamphetamine, and many others.
To be charged under these statutes, the state does not have to prove that you sold an illegal substance. If they can establish possession with intent to sell, this is enough to convict you.
The statutes also list certain chemicals that are commonly used in the cultivation and manufacturing process. Possession of these chemicals with the intent of manufacturing illegal drugs or knowledge of any plans to manufacture a controlled substance with intent to sell violates Florida law.
What Is a “Controlled Substance”?
Generally, a controlled substance is a chemical or a drug whose possession, use, and manufacture is regulated by both the federal and state governments. In the United States, they are grouped into five schedules. They are categorized according to their accepted medical uses (if any), the likelihood of them being abused, and the severity of their psychological and physical short and long-term effects. For example, heroin is considered a Schedule I drug due to the fact that it has no medical use and but a high potential for abuse.
The following controlled substances (as well as many more) should not be manufactured, delivered, or sold by any person:
- MDMA (molly, ecstasy)
- Cannabis (marijuana).
- Xanax (alprazolam) and other prescription drugs.
- LSD (“acid”).
Penalties for Manufacture With Intent to Sell in Bradenton
The penalties in Florida for acts of drug manufacturing or cultivation are largely based on the type of controlled substance involved in the offense, for example:
- If you have been arrested for growing marijuana, you may be charged with a third-degree felony. Punishments include up to 5 years in prison and a fine of up to $5,000.
- If you have been arrested for the manufacturing of any other controlled substances (specified by Florida law), you may be charged with a second-degree felony. Penalties include up to 15 years in prison and a fine of up to $10,000.
You can also be charged under these statutes for any activities that suggest an intent to sell. This includes any activities that are considered to be associated with drug manufacturing, for example:
- If you are arrested for renting a building, a room, or a structure for the purpose of cultivating or manufacturing a controlled substance, you may be charged with a third-degree felony.
- If you are arrested for being found in possession of any of the listed chemicals used in drug cultivation and manufacture, you may be charged with a second-degree felony.
The state may increase the severity of the charges under some circumstances. For example, any illegal drug manufacturing activities that are commissioned within 1,000 feet of a school, child care facility, a community recreational facility, or a public park may be charged with a first-degree felony.
A criminal conviction for serious drug crimes, such as drug manufacture or drug trafficking, will stay on your record permanently and have long-term implications for you and your family’s life. It is important that you seek advice from a qualified lawyer as soon as you have been arrested so we can get to work on having your charges reduced or dismissed. Call The Law Place today for a free consultation.
Defenses to Drug Manufacturing With Intent to Sell Charges in Bradenton
If you have been arrested and accused of the manufacture of illegal drugs with an intent to sell, you are advised to exercise your right to remain silent and not answer questions before having a lawyer present (as per the Fifth Amendment of the U.S. Constitution).
An experienced criminal defense attorney can build a defense strategy that is tailored to your specific drug crime and the circumstances of your arrest.
Some examples of possible defenses that may be used in your case include:
- No constructive possession – The “term constructive possession” is where a drug may not have been found in your physical possession, but you are accused of having control of the substance. Your criminal defense lawyer may argue that you had no knowledge of the manufacture of the illegal substances or that you did not have “dominance and control” over the drug in question.
- No intent to sell – If the number of drugs found was moderate, your defense might be that the drugs or chemicals found were for personal or medical use, and you had no intent to sell. This could reduce your charges to simple possession of a controlled substance, with reduced penalties.
- Entrapment – The term “entrapment” refers to when an officer or a confidential informant illegally pushes someone to commit a crime. If the defense can show that without their input, the crime would not have occurred, the charges will be thrown out.
- An illegal search and seizure – All law enforcement officers in Florida must have probable cause to stop and search you or your property. They must adhere to strict procedures, and if they fail to do so, the evidence collected could be deemed inadmissible in court.
All of these defenses, and any other defense used in drug crime cases, are complex and require the expertise of an experienced criminal defense lawyer who can investigate your case thoroughly. Call our law firm today to discuss your options in a free case review.
What Are Confidential Informants?
Law enforcement officers and other agents investigating drug crimes in Florida choose to use confidential informants. This is sometimes the only way to gain the evidence needed for a conviction. This may be an undercover officer or a person known to the suspect.
The confidential informant will attempt to purchase drugs from the suspect or gain access to their premises where the suspected manufacture or cultivation is taking place. The conversations are recorded using video or audio surveillance, or the informant might covertly take pictures of the premises and its contents.
Evidence gained using a confidential informant is not always foolproof. An experienced criminal defense attorney can argue that the informant is not credible. In many cases, confidential informants have criminal records and may have agreed to act on behalf of law enforcement for a reduction in their own charges.
The Importance of an Attorney in a Bradenton Criminal Drug Crime Case
Anyone in Florida who is accused of drug crimes, such as possession with intent, drug trafficking, and drug manufacturing, will be facing the most serious criminal charges. A felony charge will not only result in a lengthy prison sentence; it will haunt you for years to come as it will remain on your criminal record. This will make it difficult for you to find employment, prevent you from buying or renting a property, and stop you from securing a loan. You will also be prohibited from owning a firearm and prevented from exercising your right to vote. Therefore, you will need to avoid these charges at all costs, and this is only possible with the help of an experienced criminal defense attorney from a law firm such as The Law Place.
We can do our own investigation into your case and ensure that no vital evidence is lost or destroyed and scrutinize the prosecutor’s case to secure a positive result, whether this is a reduced charge or a dismissal. It may even be possible for us to negotiate a plea bargain on your behalf.
We will remain by your side and support you through the entire process. So don’t wait any longer. Call us now for a free case evaluation.
Call The Law Place Today
If you have been arrested and charged with a drug crime in Bradenton, FL., you are going to need the help of a knowledgeable and experienced attorney.
At, The Law Place, we have some of the best lawyers in the state, all of which offer an attorney-client relationship that is built on trust. Using our combined experience that has been gained over 75 years of practice, we can work to avoid a criminal conviction or negotiate for reduced charges and penalties on your behalf.
Contact us now at (941) 444-4444 to schedule a free consultation with a qualified lawyer. Our phone lines are open 24 hours a day, 7 days a week.