It is likely that within a person’s lifetime, they may face an unwanted situation regarding drug crimes. In Florida, there can be devastating effects on someone involved in drug crimes, not only for the person in question but their loved ones too. Whether it be the possession of a controlled substance with or without the intent to sell or the delivery itself of a controlled substance (commonly known as drug trafficking), you could face not only a prison sentence but also a permanent criminal record, which will likely affect the rest of your life.
If you are found to be drug trafficking illegal drugs over 10 grams, then you may also face further consequences. Drug trafficking could have you facing up to 30 years in prison or a minimum mandatory prison sentence of 3 years with up to $50,000 fines, depending on the number of grams in your possession.
However, this doesn’t have to be the case, we at The Law Place understand that not all of our actions define us, and an isolated incident or mistake should not affect the rest of our lives. With years of practice in the State of Florida and our reputation for a great attorney-client relationship, why not book a free consultation today? Our lines are open 24 hours a day, so feel free to call us whenever you’re ready. There is no reason you should let a drug crime impact your life. Contact us today at (941) 444-4444 to discuss your case!
What Are the Different Drug Laws in Port Charlotte, FL?
There are lots of different types of drug charges given out for various types of drug crimes. Often taken into consideration are the circumstances surrounding a drug crime, such as the type of drug in question and the amount in possession.
It is important to remember that should you be found guilty of the possession of an illegal substance, and the judge will have to follow procedure, including the State of Florida’s mandatory minimum sentencing laws, meaning you will have to receive the minimum mandatory prison sentence. These can vary from 3 years to 30, depending on other conditions surrounding your crime.
For specific detail on the State of Florida’s drug laws, please see Florida Statute 893.13. However, these can be complicated for someone with no background in law. A much simpler option is to contact us and have this information simplified for you. Our lawyers handle hundreds of cases and have an overwhelming amount of experience, so don’t hesitate to contact us if you have been charged with drug trafficking.
- Possession of an illegal substance.
- Possession of drug paraphernalia. This could be anything designed for storing, growing, manufacturing, selling, hiding, or trafficking a controlled substance.
- Intent to sell a controlled substance.
- Manufacturing a controlled substance.
- Trafficking of a controlled substance.
If you are charged with a misdemeanor in Port Charlotte, you will face up to a year in prison and a fine of either $500 for second or third-degree misdemeanors or $1,000 for a first-degree misdemeanor. However, it is exceptionally rare for a drug trafficking offense to end in only a misdemeanor charge. If you wish to avoid a felony on your record, you will need the help of legal representation.
A felony can result in much higher fines such as $5,000 for second or third-degree felonies or as much as $10,000 for first-degree felonies, and anything up to 30 years in prison. Probation can be achieved in some cases, but with a first-degree felony, it will depend on factors such as amount, situation, and the type of drugs on your person.
Whatever your case, it is important to hire an experienced criminal defense lawyer to represent you, as you have a significantly higher chance of being relieved of some, if not all, charges. Call today to get started on your case.
Florida Drug Schedules
Port Charlotte is under Florida state laws, and in Florida, controlled substances are split into different groups knows as ‘schedules.’ They are categorized based on their harmfulness and addictiveness to users.
Drugs in Schedule I are labeled as the most addictive and dangerous, meaning they have the highest potential to be abused and offer no medical value to a person. These include heroin, crack, meth, and LSD. Drug possession of Schedule I drugs may see you go to prison for a maximum sentence of up to 30 years and a $10,000 fine.
Drugs in Schedule II are also very addictive. However, they are sometimes prescribed and used by medical professionals when needed. These substances include Oxycodon, Fentanyl, Adderal, Methamphetamine, amongst others.
Drugs in Schedule III contain controlled substances that are widely considered to be less addictive but potentially still harmful. These include Ketamine, Steroids, and any product containing 90 milligrams of codeine per dosage.
Drugs in Schedule IV have a very low addiction rate and are seen to cause less harm. These substances include Talwin, Xanax, Soma, Ambien, and Tramadol.
Drugs in Schedule V are classified as the least addictive and least dangerous drugs. These controlled substances include cough syrup, Parepectolin, Lomotil, Lyrica, and Motofen.
Penalties for the Possession of Illegal Substances Florida
The penalties you will face for the possession of a controlled substance or illegal drugs vary massively depending on the schedule of the drug and the amount you have on your person at the time of your arrest. If it is found that at the time of your arrest, you had the intent to distribute drugs and/or take part in drug trafficking, then you will face severe penalties. These penalties will vary in severity.
If you are caught drug trafficking 10 grams or more of a Schedule I controlled substance, then you may face a first-degree felony for the drug crime. This can result in severe sanctions, such as a prison sentence of potentially up to 30 years and a fine of up to $10,000
If you are found to have any other schedule below Schedule I, you could be convicted of a second or third-degree felony. The maximum penalty for this is up to 5 years in prison and a fine of up to $5,000.
Although lawyers can help you, drug trafficking charges are not something you want on your permanent record. Law enforcement will bring down the full force of the law if you are caught in possession of any illegal substance. More worryingly, if you are charged with intent to sell or deliver, manufacture, or cultivate an illegal substance, the penalties will be a lot worse. That being said, it is difficult to prove that you had the intent to sell or deliver, and with the help and support of a lawyer from The Law Place, we may be able to help you avoid the worst of these penalties.
What Could a Criminal Defense Attorney Do for You?
When you call The Law Place, you will be sure to receive one of the most experienced defense attorneys in Port Charlotte. During your free case evaluation, you will answer a few questions in order for the lawyer to understand what you will face charges for and how we might fight this.
To create an attorney-client relationship built on trust, you need to be transparent with us about your case in order for us to help you fully. We are famed for our great attorney-client relationship. With transparency and trust at the core of what we do, we will offer you the best legal advice so you can make informed decisions about your case.
Your criminal defense attorney will base your defense around the specific details of your crime. There are several common defense routes for drug crimes in Port Charlotte, such as:
- The number of grams of drugs you had in your possession was incorrectly weighed.
- You were the victim of entrapment by arresting officers.
- You did not own the substance that was claimed to be found on your person.
- The illegal substance was identified incorrectly.
- You were identified incorrectly as the person in possession of the controlled substance
- A warrant was incorrectly issued for your arrest, or the warrant has expired.
If you decide that you want to secure your and your family’s future, then you should book an appointment with one of our lawyers today. We will launch a thorough investigation into your case and get the best result possible for you. The Law Place will interview everyone else involved in your arrest to make sure that your rights were not violated at any point. If you have been charged with drug trafficking, we will possibly be able to get your charges reduced from intent to sell to personal use, for which the penalties are much lighter.
If you have found yourself charged with the delivery of illegal drugs, then contact us today to speak to one of our criminal defense attorneys. We are ready to get to work on your case.
Contact The Law Place Today!
If one of our lawyers can suppress evidence that is held against you, then it is very likely that the prosecution won’t be able to convict you. Your situation may not be as bad as you think. That is why we at The Law Place urge anyone facing drug trafficking charges to get the right legal support and representation. It could be the difference between thousands of dollars in fines and your freedom!
If you have found yourself in a tricky situation and are being charged with drug trafficking a substance that exceeds 10 grams in Florida, then look no further for help. Call an expert criminal defense lawyer at our firm today. With a combined experience of over 75 years, there’s no one more trusted. We are a non-judgemental and sympathetic firm that wants to get you the best result on your drug trafficking charge.
Put your mind at ease and call us today on (941) 444-4444 to book a free consultation with one of our Florida attorneys. Phone lines are open 24/7.