In Sarasota and the State of Florida, the delivery of drugs, also commonly known as drug trafficking, is an extremely serious crime. If you are caught in possession with intent to sell or deliver illegal drugs, then you could be facing severe penalties and punishments. Such punishments may include large fines as well as a length of time behind bars.
If you are accused of drug possession with intent to deliver, then it is strongly recommended that you seek legal advice and representation from a reputable law firm. At The Law Place, we have a highly skilled team of Sarasota criminal defense lawyers who have an abundance of experience in handling cases relating to drug crimes. Our Sarasota criminal defense lawyers understand how daunting and frightening facing criminal charges can be, which is why our attorneys pride themselves on creating an attorney-client relationship built on trust.
Contact The Law Place today to schedule a free consultation with a highly knowledgeable Sarasota drug lawyer. Our phone lines are open 24/7, so you can rest assured an adept lawyer will be on hand to offer support and guidance at any time of day. Call our Sarasota office at (941) 444-4444 and arrange a free case evaluation today.
Florida Statutes Relating to the Delivery of Illegal Drugs
As noted in Florida Statute 893.13, if a person is caught in drug possession with the intent to deliver or traffic, then they will likely face a felony charge. The severity of the penalty will depend on a number of factors, including the type of drugs involved and the amount you possess with intent to deliver.
As with many drug crimes, you may either be charged with a first-degree, second-degree, or third-degree felony. A first-degree felony is the worst possible charge you can face, and if convicted, you may face punishments of up to 30 years in prison as well as a $10,000 fine.
Should you find yourself in the unfortunate situation where you are facing criminal charges for a drug crime, then it is vital to seek representation from an adept criminal defense lawyer. Our attorneys are highly skilled in defending the accused against such charges and will work to build a strong defense strategy that can stand up in court against the prosecution. Call us today to get started with your case.
Different Drug Charges in Sarasota
There are many different drug crimes in Florida, and as a result, drug crimes fall into a number of categories. Such categories include:
- Possession of drug paraphernalia – This charge will vary according to how dangerous the drug involved is and the amount that the accused is in possession of.
- Distribution or selling of controlled substances – This relates to the sale of or intent to sell drugs.
- Trafficking of controlled substances – This refers to the sale of, or intent to sell, purchase, manufacture, deliver, possess, or transport drugs within the State of Florida.
- Manufacturing of controlled substances – If the materials used to manufacture drugs are found in your possession, then you will be charged with the manufacturing of controlled substances.
- Prescription fraud – This refers to the using of fake prescriptions with the intent to obtain prescription medication.
Schedules of Controlled Substances
As noted in Florida Statute 893.03, the State of Florida divides controlled substances into five different categories, more commonly known as schedules. These schedules vary according to how dangerous and addictive the controlled substance is. The schedules are broken down as follows:
- Schedule I – The drugs in this schedule are considered to be the most dangerous controlled substances. Such drugs include meth, crack, heroin, and LSD.
- Schedule II – The drugs that fall into this category still have a high risk of addiction but have some medical uses. Such drugs include oxycodone (OxyContin), fentanyl, Adderall, methamphetamine, Dexedrine, hydromorphone (Dilaudid), hydrocodone per dosage unit (Vicodin), cocaine, methadone, meperidine (Demerol), morphine, and Ritalin.
- Schedule III – The drugs that fall into this schedule include ketamine, steroids, or products that contain less than 90 milligrams of codeine per dosage unit. These drugs have a lower potential for abuse.
- Schedule IV – Schedule IV drugs include Soma, Talwin, Ambien, Darvon, Xanax, Darvocet, Valium, Ativan, Tramadol.
- Schedule V – Drugs in this category are generally considered to carry the least risk of harm, abuse, and addiction. Schedule five drugs include cough syrups with less than 200 milligrams of codeine or per 100 milliliters, Motofen, Lyrica, Lomotil, and Parepectolin.
No matter the controlled substance you were caught in possession of with the intent to sell or deliver in Florida, at The Law Place, we have a team of attorneys that are highly skilled in handling drug crime cases. Our attorneys are available 24/7 so call us at any time of day to get started with your case.
Elements Required to Prove the Sale, Purchase, Manufacture, Delivery, or Possession of Illegal Drugs in Sarasota
With every case that goes to court, the prosecution is required to prove beyond a reasonable doubt a number of factors to the jury to achieve a successful conviction. In order to prove that you committed the offense of either selling, purchasing, manufacturing, delivering, or possessing drugs or controlled substances, the following elements need to be established by the prosecution:
- You were in possession of a controlled substance that you had the intent to sell, manufacture, or deliver.
- The substance you possessed was a controlled substance, in line with Florida Statutes.
- You were aware that the substance was a controlled substance.
Whether you are facing criminal charges for the possession, selling, purchasing, manufacturing, or delivery of a controlled substance, it is imperative you seek advice from a Sarasota criminal defense attorney to be in with any chance of having your penalties reduced. A defense lawyer will work to investigate and scrutinize any evidence being used against you. They will work to build a strong defense strategy that can stand up in court and may have your penalties reduced or even eliminated.
Possible Defences Against the Delivery of Illegal Drugs With Intent in Sarasota, FL.
A skilled criminal defense attorney should be able to construct a defense strategy that can stand up in court against the prosecution. The defense strategies used will depend on the circumstances surrounding your case. Possible defense strategies for the delivery of illegal drugs with intent include:
- The illegal controlled substance did not belong to the person accused of the possession of drugs.
- You had no intent to sell or deliver the drugs.
- You have been incorrectly identified.
- The substance that was found was under 10 grams.
- The method in which law enforcement identified the drugs in your possession was flawed.
- The police officers engaged in tactics of deliberate entrapment, which led to the arrest of the accused.
- Law enforcement officers had no search warrant, or the warrant was invalid.
Contact The Law Place in Florida Today!
If you are facing charges for the possession or sale of illegal drugs, then seeking legal representation from a criminal defense attorney could be one of the best decisions you make. At The Law Place, we have a highly skilled team with over 75 years of collective experience in handling cases relating to drug crimes.
Developing a trusting and honest attorney-client relationship is at the forefront of our practice. We understand how alarming and fearful facing criminal charges can be, which is why our attorneys will be here to support you every step of the way. We offer all of our customers a free consultation where we will assess your drug crime case and offer some comprehensive information and valuable legal advice at no obligation. Our phone lines are available 24 hours a day, 7 days a week, so our attorneys can be on hand to support you with your case at any time of day. Call us on (941) 444-4444 and arrange your free consultation today.