The state of Florida has very strict laws that govern drug crimes. If you are facing drug charges for selling illegal drugs over 10 grams in Orlando, you will likely be facing years in prison. Drug possession is a major criminal offense that carries serious consequences. You should contact a reputable criminal defense law firm if you have been arrested. There is too much at stake for you to take these charges lightly.
At The Law Place, we have a team of criminal defense lawyers with over 75 years of combined experience. We have the skills and knowledge you may require to build your defense case. It is not uncommon for people to be falsely accused of drug possession with the intent to sell in Orlando. You should not have to be penalized unjustly. Furthermore, we understand that mistakes happen. No matter the circumstances of your drug offense case, we will act in your best interest.
To avoid a drug conviction in Orlando, you need to act fast. As soon as you get in touch with our law firm, one of our lawyers will begin work on your case. To schedule your free consultation with a member of our team, call us now at (941)-444-4444.
Drug Crimes Under Florida Law
It is against Florida law to manufacture, deal, distribute, deliver, or be in possession of illegal substances. This is outlined under Florida Statute 893.13. Regardless of the type of controlled substance you are in possession of, you will more than likely face a felony conviction.
A first-degree felony conviction is the most severe felony charge. Many drug offenses in the state of Florida can be charged as first-degree felonies. For example, if you are accused of possessing an illegal drug with the intent to sell on certain properties, such as schools, public housing facilities, and churches, you will be charged with this highest level of a felony. Life as a convicted felon is tough. For a first-degree felony conviction, you can expect to serve up to 30 years in prison. Not only this but you may be handed a monetary fine of up to $10,000. These are severe penalties that can have a huge impact on the lives of an offender and their loved ones.
Therefore, regardless of the drug crime you are being accused of, you need to seek reputable legal representation. You must fight these charges. Our lawyers have a lot of experience defending clients in a similar position to you. We will do all we can to get your drug sale or trafficking charges reduced or dropped altogether.
How a Sale of a Controlled Substance Is Proved
To be convicted of selling controlled substances in Orlando, the state must have enough evidence to prove the following elements:
- You sold or delivered an illegal substance.
- The substance was a certain controlled substance.
The state must prove beyond reasonable doubt that this serious offense had been committed. If the evidence held against you is lacking, your criminal defense lawyer at The Law Place will expose this in the courtroom. Your lawyer will build you a solid defense case to prove reasonable doubt in your case. If there is a small belief that you might not be guilty of possessing drugs with the intent to sell, you can’t be convicted.
Types of “Controlled Substances” in Orlando
In the United States, controlled substances are regulated by both the federal government and the state government of Florida. These substances are categorized under five lists, known as schedules. Schedule I drugs have little medical value and have the highest potential for abuse. Whereas, Schedule V drugs are considered the least dangerous. Below we have outlined these controlled substances in more detail.
Schedule I Drugs
If you are caught in possession of over 10 grams of a Schedule I drug with the intent to sell, you will face the harshest penalties. This is because this offense is charged as a first-degree felony. The state of Florida considers these substances to be the most addictive and dangerous. Additionally, these substances are considered to have very little medical value under the law. Some examples of Schedule I drugs include:
- MDMA (ecstasy).
- LSD (acid).
Some of these drugs will carry mandatory minimum sentences for offenders if they are caught in possession of a great quantity. The minimum sentence that offenders receive will depend on the quantity of the drug they possess. If you are found with over 10 grams, you can expect to serve at least three years in prison.
Schedule II Drugs
These substances are also considered to be very addictive. A difference between Schedule II and Schedule I drugs is that these drugs can be prescription drugs. Some medical professionals may prescribe these drugs to people who require them for treatment. Some examples of these substances include:
Schedule III Drugs
These controlled substances are considered by the state to have a lower risk for abuse and addiction. Furthermore, these drugs are commonly used medically in Orlando. Some examples of Schedule III drugs include:
- Codeine with a dose under 90 milligrams.
Schedule IV Drugs
Schedule IV drugs are mainly used for medical purposes and are not considered to be addictive substances. Despite this, unlawful possession of these drugs can still be a felony offense. It is not uncommon for these drugs to be sold illegally in Orlando and abused. Some examples of these substances include:
Schedule V Drugs
These substances are generally considered to pose the lowest risk for addiction and abuse in Orlando. They are commonly used medically to treat illness. If you are caught in possession of Schedule V drugs with intent to sell or if you face drug trafficking charges for these substances, you will likely be charged with a first-degree misdemeanor. Unlike felony charges, these charges carry far less severe penalties. For example, you may be able to avoid jail time. Some examples of these substances include:
- Cough medicine.
Even though possession of Schedule V controlled substances is not treated as severely as other controlled substances, it is still worth seeking legal advice from a skilled lawyer. This is because criminal penalties of any kind can be devastating. You may encounter a hefty fine that you can’t afford. Furthermore, having a drug offense on your permanent criminal record can greatly impact your life and the opportunities available to you in the future. These are very serious charges that are worth challenging.
What Is the Penalty for Selling Drugs in Florida?
The type of penalty that you will receive for selling drugs in Orlando will depend on the type of controlled substance and the quantity of it in your possession. Penalties for drug possession and other drug crimes will vary depending on the charge. Charges can vary between misdemeanors to first-degree felonies depending on the drug crime case. Some common penalties for drug crimes have been outlined below.
If you are charged with a misdemeanor, it is unlikely that you will be made to serve lengthy jail time. You can, however, expect to encounter a fine. For a second-degree misdemeanor, it is not uncommon for an offender to face a fine of up to $500.
You can be charged with a first-degree misdemeanor if you are found in possession of fewer than 20 grams of certain controlled substances, such as marijuana. For this level of charge, offenders can serve up to one year in jail and a fine of up to $1,000.
A third-degree felony is the lowest level of felony charges. You can be charged with this if you are caught in possession of over 10 grams of certain controlled substances with the intent to sell. If you are convicted of this charge, you could spend up to five years in jail. Furthermore, you will be made to pay a fine worth up to $5,000.
A second-degree felony charge is serious. When an offender is convicted at this level, they risk serving up to 15 years in jail. In addition, fines are typically worth up to $10,000.
This is the highest possible level of a felony charge in Orlando. If you are caught to be in possession of Schedule I drugs, such as Marijuana and Heroin, you can be charged at this level. The penalties following such a charge include up to 30 years in jail and fines worth up to $10,000. Felony possession charges are incredibly serious and must be fought appropriately. If you don’t hire the right legal team to help you, you risk being locked away for decades.
How do You Beat a Drug Trafficking Charge?
Just like drug sale cases, drug trafficking cases are serious. If you or someone you know has been arrested for drug trafficking in Orlando, you must contact The Law Place. Hiring an experienced and reputable law firm is essential to beat criminal charges. As soon as you contact us, you can arrange a free consultation with one of our lawyers. In this initial meeting, a lawyer will outline the best legal options available to you. If you decide to hire one of our lawyers, they will immediately begin work investigating your case. In cases involving drug laws, it is important to act quickly. The more time your lawyer has to build your defense strategy, the stronger it will likely be.
After building your defense case, your criminal defense lawyer will back your case in court. They will present their evidence to try and get your trafficking charges dropped.
Possible Defenses for Drug Crimes
At The Law Place, we have defended many clients who have been accused of selling Heroin, Marijuana, and other illegal drugs. Our lawyers have a great deal of experience refuting these accusations in the courtroom. They can use their knowledge to dispute drug sale cases. To do this, they will make motions and provide evidence in front of a judge, and jury. Many defenses can be relevant to your drug crimes case. Some of these are outlined below.
A defense commonly used in drug crime cases is entrapment. This simply means that a police officer deliberately baited the defendant into consuming or buying illegal drugs. If you think you may have been set up, it is worth mentioning this to a defense lawyer.
If law enforcement officers have unlawfully searched your property, you may be able to get your charges dropped. This is because in most cases, officers are legally required to obtain a warrant before entering a property.
The defense argument of personal use is made in cases where a defendant admits to elements of their charge. This is used in severe cases where it is unlikely that the charges will completely get dropped. A lawyer will, therefore, try and get an offender a lesser charge. If the state cannot prove that a defendant has sold or distributed the controlled substances, a lawyer will make the defense that they were possessed for personal use only.
Lack of Knowledge
In cases where a defendant was unaware that a controlled substance in their possession was illegal, it can be argued that they did not know of the presence of the substance. Making this defense is not straightforward. If you truly lacked knowledge about the illegal drugs in your possession, you need to hire a reputable lawyer. It will require the skills of an experienced defense lawyer to successfully make this defense case in court.
A Breach of Your Constitutional Rights
The Fourth Amendment of the United States Constitution requires all law enforcement officers to have probable cause to search and seize property. Without probable cause, their search can be deemed illegal. In these cases, lawyers will fight for drug charges to be dropped.
Do You Need to Hire a Criminal Defense Lawyer?
You don’t need to hire a criminal defense lawyer if you are facing drug charges in Orlando, however, it is strongly advisable. This is because Florida law is strict on drug crimes. Most offenses will see offenders being charged with a felony. Convicted felons can serve years in prison. Therefore, it would be in your best interest to fight your charges. To do this successfully, you will need to hire a criminal defense lawyer.
Unfortunately, the criminal justice system frowns upon defendants who aren’t represented by reputable lawyers. A judge is far more likely to take a drug crimes defense case seriously if an experienced lawyer is backing the case. At The Law Place, we have a team of suitable lawyers who can do your case justice in the courtroom. We fight for our clients. You can feel assured knowing that by hiring one of our lawyers you are giving yourself the best chance you’ve got of getting your drug crime charges lessened or dropped.
When to Do if You Are Arrested for Drug Crimes
It is normal to feel frightened when a police officer approaches you or pulls your vehicle to a stop. If an officer places you under arrest, it is important to act politely and remain calm. Your actions during your arrest can reflect on your case in the courtroom. If you act aggressively or defensively, it will suggest to a judge that you are guilty of the accused charges.
Furthermore, it is important to remember that you don’t have to answer any of the questions asked of you. Even if you’re innocent, it is advisable to only state facts to an officer before you have had the chance to talk to a lawyer. When you reach out to a member of our team, they will be able to advise you on what to say in an official statement. You want to be careful not to hinder your own case. Once you admit fault or guilt, it becomes very difficult to work back from that.
Do First-Time Drug Offenders Go to Jail?
First-time drug offenders can go to jail. The jail sentence handed to an offender will depend on the circumstances of their specific drug crime. For example, in cases that involve the trafficking of Schedule I listed drugs, such as Heroin, an offender will be charged with a first-degree felony. These cases can see an offender serving up to 30 years in jail.
Therefore, it doesn’t matter if you are facing drug crime charges for the first time or fourth time, you will need to seek professional legal representation. All of these cases are worth fighting.
If it is your first time facing drug crime charges, it can be slightly easier for a lawyer to defend your case. Habitual offenders will find it near impossible to get their charges reduced or dropped. This is because their criminal history will suggest to a court that they are likely guilty of their charges. That being said, it is not impossible to get the charges of repeat offenders dropped.
Contact The Law Place Today for a Free Consultation!
If you or someone you know has been arrested for possessing over 10 grams of a controlled substance with the intent to sell in Orlando, you must get in touch with our law firm today. Regardless of the substance or quantity involved in your case, you are at risk of facing severe penalties. Not only will you be made to pay a crippling fine, but you may have to serve years in prison. The penalties that drug crimes carry can devastate families. While you are locked away in prison, your absence can have a huge impact on those you love most. Not only will you be missing out on invaluable memories with your loved ones, but they will miss your daily presence.
At The Law Place, we understand that mistakes happen. No one is perfect and a small moment of misjudgment in your life should not ruin your future. Let us defend your case and fight for your liberties. Our team of skilled defense lawyers will do all they can to get your drug crime charges reduced or dropped.
To schedule your free initial consultation with a member of our team, contact us today. Our law office is available to answer your call 24/7. What are you waiting for? Call us now at (941)-444-4444.