If you have been charged with committing a drug crime in Port Charlotte, then you must be feeling anxious and worried about your future. There are strict laws in place that are aimed at tackling drug crimes, such as possession, trafficking, selling, manufacturing, and more.
Drug cases involving heroin, cocaine, marijuana, meth, or prescription drugs can be prosecuted at both the state and federal level – with serious consequences. You will need only the best criminal defense lawyer to defend your legal rights and fight to save your future following drug charges in Port Charlotte.
At The Law Place, we have over seventy-five years of collective experience when it comes to protecting the livelihoods of clients in Port Charlotte and throughout the State of Florida. Our law firm has successfully managed a number of drug crimes ranging from possession to selling to manufacturing. We have an in-depth understanding of criminal law, and we will guide you through the legal system with efficiency.
Our team of Port Charlotte criminal defense attorneys is dedicated to every single client, and they treat them all with respect and understanding throughout the entire process of their case. Rest assured that we will work hard to achieve an outcome that is favorable for you and your family. If you call our office today, a criminal defense lawyer will discuss the details of your case and explain how we can assist you.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a criminal defense lawyer will fight against your drug charges in Port Charlotte. Phone lines are open 24/7.
Defining Drug Crimes in Port Charlotte, FL.
It is illegal for a person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance, according to Florida Statute 893.13. If the statute is violated, a person can be charged with a second or third-degree felony, depending on the type and quantity of the controlled substance in question.
For instance, a person who is in possession of cannabis, which is considered a Schedule I substance, and they have the intention to sell, manufacture or deliver, will be charged with a third-degree felony. Whereas a person who is in possession of cocaine, which is considered a Schedule II substance, and they have the intention to sell, manufacture or deliver, will be charged with a second-degree felony. A third-degree felony will result in spending up to 5 years in prison, and a second-degree felony will result in spending up to 15 years in prison.
Types of Drug Crimes in Port Charlotte, FL.
The penalties for a drug crime will vary depending on whether it is classified as a misdemeanor or a felony in the State of Florida. The most common types of drug crimes include:
- Possessing a controlled substance.
- Possessing a controlled substance with the intention to sell, manufacture, or distribute a controlled substance.
- Manufacturing a controlled substance.
- Delivering a controlled substance.
- Selling a controlled substance.
- Trafficking a controlled substance.
- Falsely prescribing a controlled substance.
- Falsely obtaining a controlled substance.
There are other types of drug offenses that will be charged based on where they are committed, like close to a childcare facility or near school grounds. Long prison sentences and hefty fines will be imposed on these types of drug convictions.
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Proof Beyond a Reasonable Doubt in Port Charlotte, FL.
The prosecutor has a duty to establish three elements beyond any reasonable doubt in order to prove that an individual was in possession of a controlled substance with the intent to sell, manufacture or deliver. The three elements are:
- The individual was in possession of a controlled substance with the intention of selling, manufacturing, or delivering it.
- The substance in question was a controlled substance as listed in Florida Statute 893.03.
- The individual was aware of the controlled substance in question.
If you wish to defend yourself against an accusation of possessing, manufacturing, selling or delivering drugs, then you must reach out to a Port Charlotte criminal defense lawyer at The Law Place as soon as possible. Call our office to set up a free consultation today.
We’re Florida’s top litigation team with over 75 years of combined experience
Drug Schedules in Port Charlotte, FL.
The potential consequences that an individual will face in the case of a drug crime will rely on the nature of the drug and the amount of the drug involved. Other factors include if there was an alleged sale or whether a sale or distribution actually occurred. Furthermore, the individual’s criminal history record will also play a significant role in the potential consequences that they will face.
For example:
- Schedule I drugs – Heroin, GHB, and 173 others have the highest potential for abuse with no current medical value.
- Schedule II drugs – Morphine and opium have a high potential for abuse with slight medical value.
- Schedule III drugs – Anabolic steroids have the potential for abuse with some medical value.
- Schedule IV drugs – Diazepam has a low potential for abuse and accepted medical value.
- Schedule V drugs – These have a low potential for abuse and accepted medical value with small doses of certain types of narcotics.
From the initial call to updates on your case status, we are here to get you answers.
Possessing and Attempting to Sell Drugs in Port Charlotte, FL.
Florida Statute 499.03 clearly states that an individual is not allowed to possess or possess with the intention of selling any drugs that are harmful, toxic, brand new on the market, or have the potential to grow into habits. However, there are key individuals who are exempt from this particular law, such as:
- Individuals who have been prescribed a drug from a practitioner who has an official license to prescribe drugs.
- A representative of an agency or an employee who has to deal with drugs as part of their job.
- A medical professional who has to control drugs as part of their employment (like a doctor).
A violation of this statute is considered a second-degree misdemeanour.
Possessing and Attempting to Sell Controlled Substances in Port Charlotte, FL.
An individual who possesses a controlled substance with the intent to sell, manufacture or deliver will be punished in the court of law. Most prosecutors have no tolerance for people who are being charged with drug crimes, and they will fight aggressively to make sure that they receive the maximum amount of penalties.
An individual who makes an attempt to possess or sell a controlled substance will potentially face one of two consequences, depending on the type of drug that they possessed:
- An individual found guilty of possessing or selling any of the controlled substances listed as Schedule I-IV will be charged with a third-degree felony.
- An individual found guilty of possessing or selling a Schedule V drug will be charged with a second-degree misdemeanor.
Defense Strategies for Drug Crimes in Port Charlotte, FL.
The Law Place has a number of defense strategies that have proved to be successful in battling drug charges in Port Charlotte. However, the type of defense that we will employ will ultimately depend on the circumstances and facts surrounding your individual case.
A Port Charlotte criminal defense lawyer from our law firm will start by closely analyzing the actions that the police officers took at the time that they arrested you under the suspicion of drugs. They will analyze the search, seizure, and arrest that took place and determine whether the police officer performed these actions in a legal manner or not. If your constitutional rights were violated or the police officer did not have reasonable suspicion to stop your motor vehicle to begin with, then the evidence that they provided will likely be deemed inadmissible in the court of law.
Our team of criminal defense attorneys will not hesitate to prepare and take your case to trial if we believe that the prosecutor’s offer is not advantageous for you and your family. Rest assured that we will work hard to secure a favorable outcome against all odds in Port Charlotte.
Questions to Ask a Criminal Defense Lawyer Before Hiring Them in Port Charlotte, FL.
The key to achieving a successful outcome will always come down to the relationship between the criminal defense lawyer and the client. It is imperative that you are honest about your experiences and explain your situation clearly to your lawyer so that they have a stronger chance of building a well-rounded defense strategy for your case. It is also essential that you ask the right questions before you hire a criminal defense attorney to represent you in court. Our law firm has listed some important questions for you to ask before you make a decision:
- Has the criminal defense attorney managed cases similar to yours?
- What fees or payment plan does the criminal defense attorney offer?
- How many cases has the criminal defense attorney won in regard to drug crimes?
- How many jury trials have the criminal defense attorney litigated?
- What history does the criminal defense attorney have in regard to working on plea bargains?
- What references does the criminal defense attorney have from previous clients?
It is crucial that you hire a lawyer that has experience when it comes to winning drug cases. Legal representation is very important, especially for drug crimes.
Contact The Law Place Today in Port Charlotte, FL.
If you are being accused of a drug crime in Port Charlotte, you must seek legal counsel as soon as possible. Drug crimes are serious matters, and they must be handled accordingly by a criminal defense lawyer that you can trust.
At The Law Place, we have over seventy-five years of combined experience and knowledge in defending the legal rights of clients in Port Charlotte and across the State of Florida. Our team of criminal defense attorneys is highly trained to deal with drug charges, whether it is possession, manufacturing, selling, or other types of drug crimes.
Our law firm has been serving Port Charlotte for years now, and we will fight to save you and your family from suffering the consequences of a drug crime. It is possible that your constitutional rights might have been violated, and you will need the best representation for your case in order to overcome the charges. If you put your trust in us, our law firm will develop a strong defense strategy that will potentially get your charges reduced or dropped altogether.
Contact The Law Place on (941) 444-4444 to schedule a free consultation today, and a criminal defense lawyer will fight against your drug charges in Port Charlotte. Phone lines are open 24/7.
