For the offense of selling a substance in place of a controlled substance to have taken place, the accused would have agreed to sell a controlled substance but then sold the buyer something else. For instance, agreeing to sell a buyer cocaine but then handing over a bag of flour, or agreeing to sell the buyer marijuana but then handing them a bag of mixed herbs. Under Florida Statute 817.563, if you have committed this offense, then you can be charged with a second-degree misdemeanor or third-degree felony offense, depending on what drug was agreed to have been sold. Our dedicated Sarasota criminal defense lawyers can help you while you are dealing with these charges.
Drug crimes in Sarasota, just like in all areas of Florida, are taken very seriously, carrying penalties higher than that of domestic violence or even sex crimes. While the sale of a substance in place of a controlled substance may not seem as serious an offense as, say, drug trafficking, or the possession of illegal drugs with the intent to sell, it still carries serious criminal charges. So, while you may not be facing a first-degree felony charge, depending on what type of drug was agreed to be sold, you may be facing a third-degree felony charge. This carries a sentence of up to five years in prison, five years of probation, and a fine of up to $5,000.
At The Law Place, our Sarasota drug lawyers are experienced in dealing with all types of drug charges. So, if you or a loved one are facing unfair drug charges, then The Law Place is here to smoothly guide you through the complexities of the Florida legal system smoothly. We prioritize building a strong attorney-client relationship and working hard to get you the fairest possible outcome.
For a free consultation, contact us at (941) 444-4444.
The selling of a substance in place of a controlled substance can be confused with the crime of counterfeiting a controlled substance. But, as the substance imitating a controlled substance is completely legal, this is not the case. Counterfeiting a controlled substance means that an illegal substance is used to counterfeit a controlled substance.
How Can The Law Place Help?
The Law Place has a track record of successfully getting charges reduced or cases dismissed entirely. This is partly due to our team of criminal defense attorneys having decades of collective experience in dealing with drug cases of all kinds.
This means that if you choose to go ahead with legal representation from The Law Place, your lawyer will be adept in criminal law and will have extensive knowledge of Florida drug laws.
This experience will be invaluable when surveying the prosecution’s evidence, as your lawyer will look to pinpoint any inconsistencies that can be used to challenge the prosecution.
Building Your Defense
To obtain a conviction, the state prosecutor has to prove beyond any reasonable doubt that you did offer to sell the controlled substance. Not that you were merely contemplating the sale, and as such, no money was exchanged. If there was no exchange of cash, then you cannot be charged.
So, in order to get a conviction, the prosecutor must prove that:
- You have agreed, consented, or offered to sell a controlled substance without the legal authority to do so.
- That you did commit to the sale of a substance in the pace of a controlled substance, meaning that money was exchanged by hand or transferred electronically for the purchase of the substance.
Your circumstances will dictate how your attorney will fight your case, and your lawyer will often challenge the prosecution with questions such as:
- Can it be proven that you did offer to sell a controlled substance?
- Can it be proven that money or an object of value was exchanged for the substance sold?
- Can it be proven that you were aware the controlled substance in question was an illegal drug?
- Can it be proven that you are the actual seller of the supposed controlled substances?
These questions are put forward to the prosecution in order to cast doubt on their assertions of guilt so that your lawyer can seek a reduction to the charges levied against you or an outright dismissal of the case.
What Are the Charges You May Be Facing?
You will be charged depending on the type of controlled substances that are claimed to have been sold.
Florida Statute 893.03 categorizes the list of controlled substances into schedules. If the drug you are supposedly selling is listed in Schedule 1-4, you will be charged with a third-degree felony. This carries a punishment of up to 5 years in prison, along with a $5,000 fine.
Alternately if the drug is Schedule 5, you will be charged with a second-degree misdemeanor. This comes with a punishment of up to 60 days in jail and a $500 fine.
Why Choose Legal Representation From The Law Place in Sarasota?
The Florida legal system is complex, especially surrounding drug crimes, and trying to navigate it alone can be stressful, which is why it’s so vital to seek the representation of a law firm.
At The Law Place, your case is reviewed by a full team of lawyers with over 75 years’ worth of collective experience in order to ensure that you have the strongest defense possible. Our lawyers are dedicated to ensuring that your rights are maintained, and we will aggressively fight the prosecution with the end goal of getting your charges dropped or reduced and minimizing any potential jail time.
If you choose to move forwards with our legal representation, then we will schedule a free consultation. After this, your situation will be explained to you clearly so you can make the best and most informed decision when moving forward.
Call The Law Place Today
If you are facing unfair criminal drug charges for the sale of substances in place of controlled substances in Sarasota, FL., then The Law Place can offer you the help you need. Our team of criminal defense attorneys is highly experienced in the practice areas of criminal law, so they are more than capable of dealing with any drug charges you may be facing.
There will always be someone available to take your call as our phone lines are manned 24 hours a day, seven days a week. So, call now, day or night, and let The Law Place help fight your legal battle. Let us help you rest a little easier, knowing that you will be given the best chance possible at keeping your freedom and future secure.
For a free consultation, contact us at (941) 444-4444.