In the State of Florida, drug crimes are taken incredibly seriously. Depending on the type of substance, if you are in possession of ten grams or more, there are serious consequences. Usually, it results in five years in prison, or in some cases, even 30 years of incarceration. Your prison sentence is largely dependant on the type of illegal drug, but if an amount of ten grams or more is found on your person, this is enough to qualify you for drug trafficking charges. If you are being convicted in Bradenton, FL., for possession of an illegal drug over 10 grams, the punishment will most likely be a third-degree or first-degree felony charge.
If you or someone you love find themselves in this position, it is important to seek legal assistance immediately. It is important that you do not try and tackle this complex situation on your own. Rather, it would be much more beneficial for your case to have a skilled drug crime lawyer on your side, one who is familiar with Bradenton’s drug laws.
At The Law Place, we have a team with experience in fighting drug charges across the State of Florida, including Bradenton, FL. Upon calling, each client receives a free consultation over the telephone, which is free of any obligation and protected entirely by the attorney-client relationship. If you choose to work with us, we will immediately begin working on your case and towards justice.
Our telephone lines are open 24 hours a day, 7 days a week, making it easy to contact us. Call today at (941) 444-4444 for a free consultation.
Florida Statutes for Possession of a Controlled Substance
In Florida Statute 893.13, you can find information on possession of controlled substances.
The punishment for your possession charges will rely on the type of drug found on your person. Equally, certain drugs, when found in 10 grams or more, will automatically result in intent to traffic charges. If this is the case, you can expect to receive a harsher penalty.
The drug possession charges in Florida are both complex and severe, depending on what is found in your possession. No matter what, it is not a position you wish to find yourself in. If you or a loved one are facing drug possession charges, do not hesitate to seek support from a criminal defense lawyer immediately.
Drug Schedules in Florida
As mentioned previously, all of the information regarding how drug crimes are governed in Florida can be found in Florida Statute 893.13. Included in this statute are drug divisions that are in five different categories known as ‘schedules.’
These schedules exist primarily as a point of reference for government officials to determine where controlled substances fall in terms of addictiveness and their potential harm. Schedule One drugs are considered to possess the highest potential for harm, whereas Schedule Five represents the lowest potential for addiction and abuse.
Schedule One Drugs
Schedule One drugs are considered to be the most harmful as well as having no previous approved use within the medical field.
If you are found in possession of 10 grams or more of a Schedule One illegal drug, you are facing a first-degree felony charge as well as a lengthy jail sentence.
Common schedule one drugs include substances such as crack heroin, meth, and LSD.
Schedule Two Drugs
Schedule Two drugs equally possess a high capability for addiction, harm, and a severe risk to another person. The main difference to that of Schedule One illegal drugs is that they have more of a recognized medical use and can sometimes be prescribed.
Common Schedule Two drugs include cocaine, fentanyl, oxycodone (brand name OxyContin), methamphetamine, Adderall, hydromorphone (Dilaudid), Dexedrine, methadone, hydrocodone per dosage units (brand name Vicodin), meperidine (brand name Demerol), Ritalin, and morphine.
Schedule Three Drugs
Schedule Three drugs are lower ranked and possess less potential for abuse and addiction.
They include drugs such as steroids, ketamine, and codeine products that contain an amount of codeine lower than 90 milligrams per dose.
Schedule Four Drugs
Schedule Four drugs generally have a lower risk of abuse, harm, and dependency.
Common Schedule Four drugs are Talwin, Soma, Ambien, Darvocet, Xanax, Valium, Tramadol, and Ativan.
Schedule Five Drugs
Drugs that are in Schedule Five have the least possible risk for abuse, addiction, and harm of all the controlled substances listed, according to the government.
Common Schedule Five drugs include Motfen, Lyrica, and cough syrups containing codeine in amounts of less than 200 milligrams.
Common Defenses of Drug Charges by a Drug Crime Lawyer in Bradenton, FL.
As mentioned previously, punishments vary depending on circumstance when it comes to drug crimes in Bradenton. If you choose to be represented by The Law Place in your drug crime case, one of our experienced criminal defense lawyers will carefully tailor your defense to match the circumstances of your situation.
Listed below are some of the common areas of defense that your criminal defense attorney may follow:
- The defendant may have been entrapped by the law enforcement officers present at the time of the arrest.
- The drug found on the defendant’s person did not belong to them.
- The evidence gathered by the law enforcement officer was done in an illegal manner.
- The defendant was wrongly identified.
- The law enforcement officers involved at the scene of the crime did not have an official search warrant.
- The illegal drugs in possession weighed less than 10 grams and were incorrectly weighed.
We understand that each case is different, which is why it is important for your criminal defense attorney to establish the facts of your case to be able to help you successfully. You can schedule a free consultation, in which your conversation might include any confidential information that will be protected by a member of our team. You need not worry about what you disclose to us, as it is a safe environment to do so, and the information will not be spoken about again outside of the consultation. This is due to the attorney-client confidentiality privileges.
In some drug crimes cases, there are details that are slightly harder to interpret and require more analysis, as there is an amount of uncertainty involved.
This is when constructive possession can come into effect. This is when an illegal drug is not found on a person but rather in a common area, like a car. It is difficult to understand what happens in this situation.
In this case, the police officer must be able to prove that the drug was within the controlled possession of the defendant. They also need to provide evidence that shows the accused knew the whereabouts of the drug and that they were fully aware that the drug in their possession was illegal. All of which must be proved to a level beyond a reasonable doubt, meaning the burden of proof lies with the prosecution.
Questions to Ask Your Potential Drug Possession Lawyer
The key to success, in this case, is to establish a mutual level of trust with your attorney. They will be guiding you throughout this legal process and working closely with you, which is why it is extremely important that you feel comfortable sharing information with them. The more honest you are with them, the more it will benefit the outcome of your case. Whether you are facing a first-degree or third-degree felony charge, your attorney must know all of the facts surrounding your case to be able to reduce your charges.
Listed below are some questions that are useful to ask your potential lawyer. We recognize that this is a life-changing decision and one you should not make lightly. Consider asking the following:
- Do you have experience in previous cases that are similar to mine?
- Can you give me an outline of your fees and how we could work out a payment plan?
- How many cases have you won that are similar to mine?
- What is the number of jury trials that you have been involved in regarding litigating?
- What is your track record when it comes to plea bargains?
- May I see some references from previous clients of yours?
It is particularly important to be mindful of the last question. If a lawyer is unwilling to provide you with these references, this is suspicious and a general red flag. If this situation happens to you, we urge you to continue your search. Criminal defense lawyers must be able to instill confidence and ease into their clients.
Contact The Law Place in Bradenton Today!
As you can see, drug crimes in Florida are incredibly complex and punished harshly, which is why you need the best criminal defense team on your side. If you are in this position, you potentially face between five to thirty years in prison and the possibility of a first-degree or third-degree felony charge. This is not something you want on your criminal record for the rest of your life.
This is why strong legal representation is crucial. At The Law Place, we have a strong drug crimes track record, with our criminal defense lawyers achieving success in reducing charges or clearly them entirely in drug crime or drug possession cases.
We offer each potential client a free consultation upon calling, with our phone lines readily available at a time that is most convenient for you. Any information disclosed regarding drug possession or anything else you wish to share will be protected by the attorney-client relationship from the get-go.
Do not hesitate to get in touch. Contact us today at (941) 444-4444 to speak to an experienced member of our team and arrange your free consultation.