Drug crimes are taken incredibly seriously in Tampa, especially with the possession of controlled substances with the intent to sell them. If you are accused of possession with intent to sell, it is likely you will be facing between a first-degree or third-degree felony, in which case you could spend up to 30 years in prison. If you or a loved one have been accused of such a crime, it is completely normal to feel lost as to what the next step can be to try and minimize the consequences of the charge and protect both you and your family’s future.
At The Law Place, we boast years of experience in dealing with drug cases like yours. When met with such a case, we work to review it collectively as a team, striving to offer you the best criminal defense possible. Once this process is done, you will be allocated an attorney who will work closely with you during every step of the case to get you through each stage of the process. Our team has a comprehensive knowledge of Florida drug law and will work tirelessly to help you.
There is never a bad time to get in contact with us. Our phone lines are open 24 hours a day, 7 days a week – you can call whenever you need to. For those who do decide to call, we offer a free consultation, and you will be in touch with someone instantly. If you, or someone you love, has been accused of a drug crime, contact The Law Place today.
Punishments for each felony vary. In the case of a first-degree felony, this comes with the harshest punishments. The worst case scenario is that it could result in 30 years of a prison sentence as well as a $10,000 fine.
If you are facing conviction for possession of illegal drugs with intent to sell, it is crucial that you have an attorney on your side who is well versed in drug crimes and their charges. When facing such a conviction, as it could have monumental consequences on your life, you need to be able to protect yourself.
Different Charges in Tampa, FL.
Drug charges in Tampa vary and can fall into different categories:
- Possession of drug paraphernalia. Anything designed for storing, cultivating, producing, selling, concealing, planting, or transporting a controlled substance.
- Possession of a controlled substance.
- Selling a controlled substance.
- Trafficking a controlled substance.
- Manufacturing a controlled substance.
Different Schedules of Controlled Substances
Tampa is governed by Florida Statute 893.03. This statute divides controlled substances into five categories, which are called schedules. The reason for this is their correlation of how addictive the substance is and what their potential to cause harm is. Schedule one contains drugs that are considered most harmful, whereas schedule five contains those that are least harmful.
Schedule one drugs are number one for a reason. They are considered to be the most dangerous controlled substances, with the highest potential for abuse, and have no approved use in the medical field. Therefore, they also carry the most severe consequences if you are accused of possession with intent to sell them. If you face a conviction involving a schedule one drug, you are facing a first-degree felony and a long-term prison sentence. Types of schedule one controlled substances include meth, crack, heroin, and LSD.
Schedule two drugs also have a high risk of addiction but have some medical uses and, in some cases, can actually be prescribed to a person. Included in this schedule are drugs such as oxycodone (OxyContin), fentanyl, Adderall, methamphetamine, Dexedrine, hydromorphone (Dilaudid), hydrocodone per dosage unit (Vicodin), cocaine, methadone, meperidine (Demerol), morphine, and Ritalin.
As the schedules get lower, there is less potential for abuse of the substance and later addiction. In schedule three, the controlled substances in question include ketamine, steroids, or products that contain less than 90 milligrams of codeine per dosage unit.
Schedule four drugs are known to have a low risk of dependence and are less likely to be abused. These drugs include Soma, Talwin, Ambien, Darvon, Xanax, Darvocet, Valium, Ativan, Tramadol.
Schedule five drugs include drugs that are supposed to have the least risk of abuse. They include cough syrups with less than 200 milligrams of codeine or per 100 milliliters, Motofen, Lyrica, Lomotil, and Parepectolin.
Possible Defenses in Tampa, FL.
Your defense attorney in Tampa will discuss the intricate details of your case, going through it with a carful eye in order to receive the best possible outcome for your case. Listed below are some of the most common defense strategies for drug cases that include possession of an illegal substance with the intent to sell:
- Law enforcement was guilty of entrapment.
- The illegal drugs were not yours.
- The way they identified the drugs in your possession was flawed.
- You had no intent to sell the drugs.
- The police obtained evidence illegally.
- You were incorrectly identified.
- The police had no warrant to search and seize, or it was invalid.
- The substance in your possession was less than 10 grams.
Factors Indicating Intent to Sell or Deliver
Once you have been charged with possession of illegal drugs, there are different factors that your law firm can analyze, each contributing to whether there was any indication with the intent to sell or deliver. They are the following:
- Statements by the defendant admitting that he had the intent to sell the drugs.
- The manner in which the drugs were packaged.
- The presence of drug paraphernalia, such as scales or baggies.
- The presence of U.S. Currency in cash.
- The presence of a firearm or other weapon.
- The types and quantities of drugs involved.
If any of the above factors mentioned are not present in the case, they can be used as circumstantial evidence that the possession with intent to sell was not there.
Generally, if you receive a conviction for ‘intent to sell,’ it can reap serious future consequences when the time comes for wanting to qualify for student loans or financial aid, obtaining employment, or trying to secure housing. This means now more than ever, it is vital that you have a criminal defense lawyer on your side to get the best possible outcome for your case.
Investigation of Your Arrest in Tampa
Once you are in partnership with The Law Place, the first thing that will happen is a thorough investigation. We will look into the quality of the evidence surrounding your case and will be curious as to how it was initially obtained. Any discrepancy followed by law enforcement could be used by your defense attorney. It could mean you avoid a first-degree felony and imprisonment.
Your criminal defense attorney will swiftly be able to recognize whether or not the law enforcement officers who are involved in your case acted within the constitution and relevant laws. If any of your legal rights were in any way violated, for example, your Fourth Amendment rights, there can be a call to have the evidence from your case suppressed and, therefore, not used against you. As a result of this, it is highly unlikely that a sentence will be carried forward.
Drug offenses are taken very seriously in the state of Florida. This is why it is important to have a defense attorney who is knowledgeable about Florida law and experienced in facing drug charges in order to ensure the best possible outcome.
What to Look for When Hiring a Criminal Defense Lawyer
As mentioned previously, being charged with the selling of illegal substances in Florida comes with extreme consequences. We know you want to place trust in a defense lawyer and a law firm that is capable of providing the best for you. Below are actions that we think are crucial for a defense attorney to pursue:
- Reduce charges, or have them dismissed.
- Lower the severity of the punishment.
- Minimize jail time.
- Develop the best possible defense for your case.
When you hire a law firm to guide your case, it is important to do a thorough background check of the firm and their previous work. Today, it has never been easier to access archives of previous success stories and read reviews from real clients. They may even have had a positive experience with a law firm in a case that is similar to yours.
One individual’s knowledge and experience can never make up for the power of a team of attorneys working towards the same cause. What makes The Law Place unique is that the attorneys work collaboratively, deciphering the best methods to achieve the outcome you deserve. A team of attorneys for the price of one – you can’t go wrong!
Never be reluctant to question the fee structure of your case. You will be working closely with your law firm, and the costs should be laid out clearly. This is a stressful experience already, and you do not need added pressures of surprise bills placed upon you. Some law firms might charge less than their competition, with hidden costs that aren’t apparent – this is something you must be careful of.
Questions to Ask a Criminal Defense Lawyer Before Hiring Them
In order to minimize your charges, you have to be entirely honest with your attorney. The more that they are aware of, the more knowledge they have that can turn your case around. A good attorney-client relationship is vital for your defense strategy. In order to achieve this, and avoid a first-degree felony, ask the following questions listed below. It could make the difference between 30 years, five years, or no imprisonment at all.
- Have you handled cases that are similar to mine?
- What are your fees, and can I work out a payment plan?
- Have you won cases that are similar to mine?
- How many jury trials have you litigated?
- What is your track record when it comes to working out plea bargains?
- Can you provide me with references from your previous clients?
The last one is important to take note of. A successful lawyer should be more than happy to provide references. If they do not, this is a red flag, and we urge you to continue your search elsewhere. Your representation should put your mind at ease and offer the comfort you need in this stressful time.
What Makes The Law Place Different From Other Florida Law Firms?
The court system is incredibly stressful, especially when facing an accusation centered around possession with the intent to sell illegal drugs. Drug crime is evident in Florida. Our criminal defense lawyers recognize how varied the laws surrounding drug possession are in Tampa, FL. No matter what the charge, whether you are facing 30 years or even five years – it has the potential to shatter you and your loved ones’ lives. We promise to stand by your side for the entirety of the case and make sure that the best possible outcome is achieved.
With more than 75 years of combined experience, our attorneys work together to stay consistently on track with current laws and courtroom strategies. We have battled cases in almost every Florida county, including a large number in Tampa, as well as Federal Court Cases. Many of our attorneys have achieved an AVVO 10.0 rating, which is the highest possible rating on the site, based on trial skills, awards, length of practice, associations, and client reviews.
Contact The Law Place Today
If you are accused of possession with intent to sell illegal drugs, this is an incredibly serious case. Hiring the right criminal defense lawyer is one of the most important decisions you will make in order to turn your existing conviction from a first-degree felony, charged with possession, to not charges at all.
Even if the evidence against you seems great, having the correct attorney on your side is vital in receiving the best outcome possible.
Our phone lines are open 24 hours a day, 365 days a year. There is never a bad time to call – so what is stopping you?
Call us today in Tampa on (941) 444-4444 for a free consultation with one of our experienced lawyers.