If you have been accused of delivering a controlled substance, in Orlando, you will likely be facing one of the Florida legal system’s most serious charges. Even a conviction of delivering small amounts of controlled substances could include charges for both selling drugs and drug possession, and could likely result in large fines or imprisonment.
Florida has some of the harshest drug charges in the country. In order to stand a chance of avoiding a large fine, prison sentence, and criminal record that will stay on your record for life, it’s critical to have a criminal defense lawyer who is experienced in the various Florida statutes concerning drug crimes, before even making a statement to police, investigators, or federal agents.
Contact The Law Place
At The Law Place, our Orlando drug crime lawyers have collectively defended people in your position for over 75 years. We are dedicated to providing you with the best protection possible from the charges faced against you. So much so that every prospective client is entitled to a free consultation, which includes a case evaluation with no obligations. Furthermore, all our consultations are 100% confidential and fully protected under the attorney-client relationship.
Call us today to learn more about how our Orlando criminal defense attorneys can help you by scheduling your free consultation at (941)-444-4444!
Defining Drug Laws in Orland, FL
The term “delivery” in the context of controlled substances, is defined as the actual, potential, or attempted transfer of an illicit substance from one person to another. Florida Statute 893.13 states it is illegal for any person to, deliver, sell, as well as possess with intent to sell or deliver, a controlled substance.
What this means is being charged with the delivery of drugs in Florida means you could be charged with wither a first-degree felony, a second-degree felony, or a third-degree felony, with the levels of punishment will be determined based on the type of controlled substance that you have been charged with possessing:
- Schedule One – These charges are given for drugs that have zero, or very minimal, medical use. These substances are highly addictive and carry the highest risk of abuse, making them of high concern to a law enforcement officer. Schedule One drugs include MDMA, Methamphetamine, LSD, and Heroin.
- Schedule Two – These charges are given for drugs that are still highly addictive, but do have some medical use. These can include both illegal substances as well as prescription drugs, such as Adderall, Cocaine, Dexedrine, Fentanyl, Methadone, Meperidine, Morphine, Oxycodone, and Ritalin.
- Schedule Three – These charges are given for drugs that are less addictive but still considered harmful by both the drug court program and Florida courts. Examples of Schedule Two drugs are steroids or painkillers containing codeine levels of less than 90 milligrams per dosage unit.
Being found with any Schedule One drugs will come with some of the severe charges available in criminal law. You can expect as much as 30 years in jail and pay up to $10,000 in fines.
When faced with charges for attempting to deliver any illegal drugs over 10 grams, even without a criminal history, you must contact a law firm with an expert understanding of central Florida drug laws and can support you fully with your drug arrest.
Experienced Orlando Drug Crime Attorneys Ready to Serve You
An individual faced with drug charges may be looking at a serious punishment. This is due to the fact that Florida has some of the most severe drug regulations. The charges can often lead to jail sentences, a mark on your criminal record, and receiving probation.
Our team of lawyers are dedicated to protecting your legal rights by taking every possible lawful action to defend you. We will provide clear explanations of the charges against you and assist you in understanding your legal options, while also providing you with the guidance and support you need during this challenging time.
Our defense attorneys will explore all possible options at your disposal to have your charges dismissed. We will conduct a thorough investigation of every available defense strategy. This will also include examining the legality of the stop, arrest, search, and interrogation that led to the drug charges. In addition, we will explore any potential alternatives to incarceration, such as Drug Court, Pre-trial Diversion, and alternative sentencing, among others.
We’re Florida’s top litigation team with over 75 years of combined experience
More Information on Pre-Trial Motions
Typically drug-related cases involve stops, searches, or confidential information. There is a wide range of ways in which government officials can challenge government decisions:
Motions for Sanction
Motions for Sanctions are an important tool afforded to those accused of committing a crime, ensuring that individuals accused of crimes are afforded their constitutional right to Due Process. It ensures that everyone has an equal opportunity to defend themselves against the charges brought against them and if a defendant’s due process rights are violated, judges may impose sanctions, including dismissing the case entirely.
In cases related to drug charges, Due Process concerns often arise in specific situations, such as when an alleged drug has been lost, consumed during testing, or when hidden camera footage is lost or deleted.
Another common issue is when the identity of a confidential informant is necessary for the prosecution’s case, and the defense cannot prepare for trial without knowing their identity.
If any of these situations occur, our legal team can file a Motion for Sanctions and request that the judge takes action. These actions could include disclosing the identity of the confidential informant, instructing the jury to assume that the missing video evidence would have been favorable to the defense, or even dismissing the case altogether.
Our goal is to ensure that our clients can exercise their rights under the law and receive fair treatment in the criminal justice system.
Motions to Suppress
Motions to Suppress are a type of pre-trial motion that aim to exclude evidence collected unlawfully or evidence that is inadmissible. These motions typically argue that law enforcement officers have acted illegally or violated an individual’s constitutional rights.
For example, if the police stop your car for no reason, this could be classed as an illegal stop, and you could file a Motion to Suppress. Similarly, if the police detained you on a sidewalk without a valid reason, or if they handcuffed you on the roadside while waiting for drug dogs, it could be an unconstitutionally prolonged delay in the stop, and you can file a Motion to Suppress.
If the police coerced you into giving consent for a search, it might be considered coerced consent, and you can file a Motion to Suppress. If the language of the search warrant appears dubious, the warrant might have been improperly issued, and you can file a Motion to Suppress.
Additionally, if the police used improper influence, and made promises or threats to make you talk, this may again be deemed as coercion, and you can file a Motion to Suppress.
Our legal team can help you file a Motion to Suppress if you suspect that your constitutional rights have been violated, and we will work diligently to ensure that the evidence obtained unlawfully is excluded from your case.
From the initial call to updates on your case status, we are here to get you answers.
The Law Place FAQs
Do First-time Drug Offenders Go to Jail in Florida?
The possibility of facing jail time for a first-time drug charge depends on a range of factors. To avoid incarceration, it’s advisable to seek the help of a criminal defense attorney as soon as possible. At The Law Place, we have ample experience in supporting people facing first-time drug offenses.
Even for a first-time offender, a charge can result in a felony drug offense. Whether it does or not depends on the amount and type of controlled substance involved. In Florida, the possession of a controlled substance is typically classified as a third-degree felony, which carries the potential penalty of up to five years in prison and a fine of up to $5,000.
The court may also order participation in drug counseling, inpatient drug treatment, or suspend your driver’s license.
However, if the first-time drug charge is for the possession of marijuana, the penalties can be less severe. Possession of marijuana in quantities less than 20 grams is considered a misdemeanor charge in Florida, according to Section 893.13(6)(b) of the Florida Statutes. Misdemeanor charges in Florida can result in a potential penalty of up to a year in jail and a fine of up to $1,000.
Dealing with a first-time drug charge in Florida can be overwhelming, but remember, fortunately, you don’t have to go through it alone. We offer a free consultation to everyone who contacts us with no obligations and no hidden fees.
How do Federal Prosecutions Differ from State Prosecutions in Florida?
The difference between state and federal criminal prosecution is the involvement of different parties. For state crimes, state police and prosecutors pursue the charges, with county or local police officers making arrests and gathering evidence. On the other hand, federal criminal charges are pursued by federal agencies such as the FBI, DEA, or ICE, and U.S. Attorneys responsible to the U.S. Attorney General.
Federal criminal charges tend to be more serious as federal agencies and U.S. Attorneys have more resources available and can deploy more manpower. This often results in more zealous prosecution at the federal level compared to the state level. The penalties for similar state and federal crimes also differ significantly, with federal penalties generally being harsher than those for equivalent state crimes.
In addition to the differences in penalties, the location where imprisonment is served is different for state and federal crimes. Those convicted of state crimes serve prison sentences in state prisons, while those convicted of federal crimes serve prison sentences in federal prisons.
At The Law Place, we have experience defending clients in both state and federal courts and can provide defense tailored to the particularities of each court system. If you are facing criminal charges at the state or federal level, please contact our office for a free consultation.
When Should I Hire a Criminal Defense Lawyer?
If you find yourself on the wrong side of the law for the first time, it’s normal to feel scared, stressed, and unsure of how to proceed. The police may advise you that a lawyer is unnecessary, but they could also elicit incriminating statements from you.
To avoid uncertainties and put yourself in the best possible position to achieve a positive outcome, it’s advisable to contact a lawyer promptly. They can offer you helpful information to better understand your options.
It’s best to hire a criminal defense lawyer as soon as possible, rather than waiting. By acting quickly, you can receive support and guidance through the complex legal system without delay.
Contact The Law Place Today
If you have been accused of delivering an illegal substance, the potential consequences could be severe, including hefty fines, imprisonment, and a permanent criminal record that would impact your employment opportunities for life.
To increase your chances of having your charges reduced or dismissed, it is important to seek the help of an experienced criminal defense attorney from a reputable law firm.
Our law firm, The Law Place, has been serving clients in Florida for a combined total of 75 years. We offer a free consultation to everyone who contacts us, with no obligation to hire us. We take client confidentiality seriously, and our phone lines are always open.
To learn more about how our attorneys can help you fight the charges and avoid the negative consequences of a conviction, please call us at (941)-444-4444 today.
