In Orlando and throughout the state of Florida, it is illegal to sell a substance that is intended to be used as a controlled substance but is not the actual controlled substance. This crime, known as the sale of a substance in place of a controlled substance, is taken very seriously by the authorities.
If found guilty by Florida law, the consequences of this crime can be severe, including long-term imprisonment, significant fines, and a criminal record that will follow you for the rest of your life.
If you have been charged with this crime in Orlando, it is essential that you use the services of an experienced and knowledgeable Orlando Sale of Substance in Place of a Controlled Substance Lawyer to fight your case.
At The Law Place, we understand the gravity of these drug charges and are committed to providing our clients with the best possible defense for their drug cases. Our team of attorneys has extensive experience in this area of law and will use their knowledge and expertise to help you get the best possible outcome in your case.
Contact The Law Place today for a free consultation at (941)-444-4444.
Types of Drug Offenses
Drug offenses can vary greatly in the Florida legal system, and the specific charges you face will determine the potential penalties. Some of the most frequently encountered offenses include:
- Possession of a controlled substance.
- Intent to distribute, sell, or manufacture a controlled substance.
- Manufacturing a controlled substance.
- Trafficking is a controlled substance.
- Obtaining or prescribing a controlled substance falsely.
Drug Crimes in Orlando
The drug crime defense attorneys at The Law place in Orlando possess extensive experience in defending individuals against drug-related offenses, including the involvement in the sale, possession, transportation, and manufacture of controlled substances that are deemed illegal. They include:
- Synthetic Drugs
- Anabolic steroids
Penalties for Possession of Concentrated Marijuana in Orlando
In Orlando, Florida, the penalties for possessing concentrated marijuana, also known as hashish, shatter, oil, resin or wax can vary depending on the amount in possession. If the marijuana is less than 20 grams, it is considered a misdemeanor and can result in up to one year in jail and a fine of up to $1,000.
However, if it is greater than 20 grams, the Florida drug offense is considered a felony and can result in up to five years in prison and a fine of up to $5,000. At The Law Place, our drug crimes lawyer can provide more specific information on the potential consequences of a conviction for actual possession of concentrated medical marijuana.
Penalties for Possession of Heroin in Orlando
The specific penalties for the possession of Heroin in Orlando can range from a minimum sentence of three years to a maximum of 30 years in prison and a fine of up to $10,000.
In addition, Orlando drug crimes also include the illegal use, sale, or possession of prescription drugs such as:
How do You Beat a Drug Trafficking Charge in Florida?
Defending against a Florida drug charge can be complicated, but there are several strategies that can be used to challenge the evidence and build a strong defense. Here are some of the common defenses that may be used to beat a drug trafficking charge and how we can help with your drug possession case:
Illegal Search and Seizure
If the law enforcement officer conducted an illegal search or seizure, any evidence obtained as a result of this illegal action may not be admissible in court. We can challenge the admissibility of this evidence and work to suppress it.
Lack of Intent
To be convicted of drug trafficking, the prosecution must prove the defendant’s intent to sell, distribute, or manufacture controlled substances. If the defendant did not have the intent to do so, they may be able to beat the charges.
Entrapment occurs when law enforcement officers coerce an individual into committing a crime that they would not have otherwise committed. If the defendant can show that they were entrapped, their charges may be dismissed.
Improper Testing and Handling of Evidence
If there were issues with the testing or handling of the evidence, the accuracy and reliability of the results may be called into question. At The Law Place, we can challenge the validity of the evidence and work to get the charges dropped.
In some cases, there may not be enough evidence to prove that the defendant committed the crime of drug trafficking beyond a reasonable doubt. A skilled defense attorney can challenge the prosecution’s case and work to get the charges reduced or dismissed.
These are some of the common strategies that can be used to beat a drug trafficking charge in Florida. It’s important to remember that every case is unique, and the best defense will depend on the specific circumstances of each individual case. We can provide more specific information and help you develop a personalized defense strategy.
What Is the Maximum Sentence for Possession of a Controlled Substance in Florida?
The constructive possession of a controlled substance in Florida is considered a third-degree felony, which can result in a maximum sentence of up to five years in prison and a fine of up to $5,000. However, if the controlled substance is considered a Schedule I or Schedule II drug, such as cocaine or methamphetamines, the maximum sentence may be increased to up to 15 years in prison and a drug trafficking charges of up to $10,000.
Keep in mind that these are the maximum penalties for possession of a controlled substance, and the actual sentence will depend on the specific circumstances of each case.
What Is Florida’s Law on the Sale of a Substance in Place of a Controlled Substance?
Florida drug offenses law takes the sale of a substance in place of a controlled substance very seriously. According to Florida Statute 817.563, it is illegal to offer to sell a controlled substance, even if the substance being sold is not actually a controlled substance. For instance, if someone claims to sell marijuana but instead sells something else, like thyme, or if they sell sugar as cocaine, they can still be charged with crimes related to the drug they claimed to sell.
It is important to note that this type of crime is separate from counterfeiting a controlled substance possession, which involves mixing a controlled substance with another substance. For example, someone may mix heroin with baking soda to make it more cost-effective before selling it.
For a person to be charged with the sale of a substance in place of a controlled substance, the prosecutor must prove that the following occurred:
- The individual gave someone a non-controlled substance in place of a controlled substance.
- The individual received payment for the illegal drugs.
- The individual did not have the legal authority to sell a controlled substance, as outlined in Florida Statute 893.03.
What Are the Penalties for Selling a Substance in Place of a Controlled Substance in Orlando, FL?
The classification of a drug possession offense as a felony or a misdemeanor, and the degree of the felony, depends on the type and amount of controlled substance involved. Here is a general overview of the degrees of drug possession felonies in Florida:
Possession of a large amount of a controlled substance is considered a first-degree felony in Orlando. The specific definition of a “large amount” can vary based on the type of drug, but typically involves quantities that are indicative of drug trafficking or distribution. Florida drug Penalties for a first-degree drug possession felony can include up to 30 years in prison and fines of up to $10,000.
Possession of a smaller amount of a controlled substance than is required for a first-degree charge, but still enough to suggest the intention to sell or distribute, is considered a second-degree felony. The penalties for a second-degree drug possession felony can include up to 15 years in prison and fines of up to $10,000.
Possession of a controlled substance for personal use is considered a third-degree felony in Florida. Penalties for a third-degree drug possession felony can include up to 5 years in prison and fines of up to $5,000.
Orlando Sale of Substance in Place of a Controlled Substance Lawyer- FAQ
Can I Be Charged With the Orlando Sale of Substance in Place of a Controlled Substance Law Even If I didn’t Know the Substance I Was Selling Was Not Controlled?
Yes, a person can be charged with the Orlando Sale of Substance in Place of a Controlled Substance Law even if they did not know that the substance they were selling was not controlled. Ignorance of the law is not a defense.
Can a Criminal Defense Lawyer Help Me if I’ve Been Charged Under the Sale of a Substance in Place of a Controlled Substance Law?
Yes, a criminal defense lawyer can help you if you’ve been charged with the Orlando Sale of Substance in Place of a Controlled Substance Law. A defense lawyer can review the facts of your case, advise you of your rights and legal options, and provide you with representation in court.
How does a Criminal Defense Lawyer Defend Against My Charge?
A criminal defense lawyer may defend against a charge by challenging the prosecution’s evidence, raising doubts about the identity of the substance involved, or arguing that the defendant did not have the intent to sell a controlled substance. Their defense strategy will depend on the facts of the case.
What Should I Do If I’ve Been Charged With the Orlando Sale of Substance in Place of a Controlled Substance Law?
If you’ve been charged with the illegal Sale of a Substance, it is important to seek the advice of an experienced criminal defense lawyer as soon as possible. Your lawyer will help you understand your rights and legal options, and provide you with the representation you need to defend yourself against the charges.
Contact The Law Place
If you or someone you know has been charged with possession of a controlled substance in Orlando, it’s crucial to seek legal representation as soon as possible. A drug crime conviction can have serious consequences that can impact your life for years to come, including jail time, fines, and a criminal record. That’s why it’s important to act quickly and contact a lawyer who specializes in criminal defense.
Our experienced Orlando criminal defense attorney will help you understand the charges against you, the possible consequences of a conviction, and the best legal options available.
Our law firm will work tirelessly to build a strong defense and represent your interests in court. We’ll negotiate with the prosecution and fight to get your charges reduced or dropped. And, if necessary, we will represent you at trial and provide a compelling argument to the jury on your behalf.
At The Law Place, we can also help you understand the complex legal system and guide you through the process every step of the way. We will help you navigate the court system, file motions, and other legal documents, and provide support and guidance throughout the process.
Don’t let a drug crime conviction ruin your future. Take control of your case and protect your rights by contacting a criminal defense lawyer today. We will provide you with the legal representation you need to fight your charges and protect your rights. Don’t wait. Contact us for a free consultation now and get the help you need to achieve the best possible outcome for your case.
Contact The Law Place today for a free consultation at (941)-444-4444.