The law on drug crimes is upheld in high regard and is enforced daily by federal officers throughout Venice, FL. However, the delivery of drugs continues to be a severe criminal offense throughout the state, and with some of the highest levels of drug offenses committed in the U.S., Florida law continues to come down hard on offenders.
At The Law Place, our attorneys are highly qualified in defense cases specializing in drug crime. Our lawyers are knowledgeable on all of the ins and outs of drug law, and once we have gathered enough evidence, we can begin fighting to get you the best outcome possible.
Reaching out to our team will allow you to explain your current situation regarding the drug charges you are facing and will better help us determine the next steps you should take. Call us on (941) 444-4444. Phone lines are open 24/7, so there is always a defense lawyer available who is ready to begin working on your case for you.
Drug Schedules and Controlled Substances Explained
A controlled substance is a drug that has been made illegal by the state for its potential harm and addictiveness. In Florida, drugs are categorized into five schedules based on how harmful they are considered to be. You can find out everything you need to know about Florida drug schedules in Florida Statute 893.03.
Schedule I
Consisting of some of the U.S.’s most dangerous and harmful drugs, Schedule I contains:
- Acid/LSD
- MDMA
- Marijuana/cannabis
- Heroin
- Meth
Schedule II
Schedule II consists of a mixture of controlled substances and prescripted drugs. These substances are still considered extremely harmful and highly addictive. This schedule includes:
- Oxycodon
- Fentanyl
- Adderal
- Methamphetamine
- Dexedrine
- Hydromorphone
- Hydrocodone
- Cocaine
Schedule III
Schedule III is considered to be much less harmful than Schedule I and II but can definitely still put users at harm if abused, and there is still a risk of addiction. This schedule includes:
- Ketamine
- Steriods
Schedule IV
Contains drugs with a much lower chance of dependency or harm and is often meant for medicinal use. Consists of:
- Talwin
- Soma
- Ambien
- Darvon
- Xanax
Schedule V
Schedule V consists of the least addictive and dangerous drugs as considered by the state. It includes:
- Cough syrup
- Lyrica
- Lomotil
- Parepectolin
If you have been found guilty of possession with intent to sell any of the scheduled drugs above, then your future faces serious setbacks at this time. Using our wealth of knowledge on defense law, our attorneys will look after our clients and put their best interests at heart.
What Are the Types of Drug Crimes in Clearwater, FL?
There are many different offenses that you can commit regarding a controlled substance in Venice, FL. Once you contact a professional criminal defense attorney, they will explain the different variants of illegal substances and make you aware of the severity of the crime you have committed by determining the drug you were arrested for delivering or being in possession of.
Examples of Drug Crimes
- Possessing a controlled substance.
- Possessing a controlled substance with the intention to sell, manufacture, or distribute.
- Trafficking a controlled substance.
- Manufacturing a controlled substance.
- Delivering a controlled substance.
- Selling a controlled substance.
It is vital to understand the potential consequences you could encounter if you commit a drug crime and the impact this could have on your family and future plans. If you want to stand any chance of going through a criminal defense case and coming out conviction-free, then you need a professional legal representative to advise you, make you aware of your rights, and offer you guidance throughout your case.
At our law firm, we have an excellent reputation with top ratings across the board, and we always uphold the attorney-client relationship no matter what.
Factors Required to Prove Purchase of Illegal Drugs With Intent
There are many different types of evidence that could potentially be put forward in order to prove your innocence. If there is not enough relevant evidence against you that will stand in court against a judge and a jury, then the chances are it will be difficult for even the most experienced legal representatives to prove your guilt.
There are several common defenses that a criminal defense attorney can use in your favor in court. Some examples are:
- Misidentification of substance – The police misidentified the substance that was intended to be delivered, which led to you being charged with a higher felony because it was a higher schedule drug.
- Misidentification of a suspect – An eyewitness had pointed out the wrong person to the federal officer, who then arrested the suspect identified. There may have been a mistake made by federal officers who misidentified the suspect themselves, meaning that the suspect was actually innocent.
- Wrongful weighing of controlled substances – Federal agents may have wrongly weighed the substance after seizing it from the suspect. This means it could have been recorded that the suspect had more illegal drugs than they actually had, making it look as though the substances were intended to be trafficked or delivered when, in fact, it was for personal use or medicinal uses.
- Violation of rights – In some cases, upon arresting and seizing the illegal substances, the police may have unlawfully violated your rights by committing gross conduct or neglecting their duty of care to the public.
- Unlawful arrest – It is well known in Venice, FL., that the police usually need a search warrant to legally enter somebody’s home and search the property or premises for illegal drugs. If the police did not have a warrant, then there’s a chance they have gone against regulations, which is unlawful.
Penalties Crimes Involving the Delivery of a Controlled Substance
Depending on the drug’s schedule and how much of the substance was found in the defendant’s possession, then the severity of the charge and whether it is considered a felony and misdemeanor may vary. A first-degree felony is considered the harshest charge, whilst a misdemeanor is considered the least severe charge.
- First-degree misdemeanor – Up to one year in prison and a $1,000 fine.
- Third-degree felony – Five years in prison and a $5,000 fine.
- Second-degree felony – Fifteen years in prison and a $10,000 fine.
- First-degree felony – Thirty years in prison and a $10,000 fine.
Many factors increase your chance of a more rigid charge when committing a drug crime. If you were caught in possession of a controlled substance with intent to sell, then your charge’s circumstances will depend on where the crime took place and the amount of drugs that were exchanged. For example, if you were caught delivering or selling drugs near a school or public place where there are children in close proximity, then this will definitely increase the severity of your charge.
If you risk being charged with intent to sell or possession with intent to sell illegal substances and face criminal charges, then your consequences do not stop here. Once you have been released from prison, then you will be left with the scar of a lifetime criminal record. Most employers carry out criminal record checks before hiring, and if they see an offense on your record, then the likelihood is that they would prefer to hire someone with a clear description instead of you. Criminal records can also prevent you from taking out a loan, working with children, renting or putting a mortgage on a house, traveling to certain countries, and even visiting certain places with the U.S.
What Are Confidential Informants?
Using the assistance of confidential informants is a common technique that many investigators use to track down suspects for serious drug-related crimes in Florida. Agencies will arrange for somebody to go uncover and take part in “controlled buys,” as this is a definite way to collect evidence.
Controlled operations consist of the informant attempting to purchase illegal drugs from the suspected drug seller. Police officers or federal agents will usually record this using video surveillance, hidden cameras, or hidden microphones, which is seen as solid evidence that can be used against your case.
How Can an Attorney Help Me?
If you face drug charges for purchase, possession, or delivery of drugs, we understand the concern and unrest that you must be feeling at this time. Our attorneys understand how difficult it can be to understand the law, especially if you face charges without any support and are unfamiliar with the law.
The wants and needs of our clients always come first. If you face drug charges for possession with intent to sell, you might be feeling unrest and worry at this time. That is why you need a criminal defense attorney to stand by your side, take care of all the relevant paperwork for you, and make you feel your case is in competent hands.
Having the right criminal defense attorney for you can determine the chance of whether your case is successful or disastrous. With our exceptional knowledge of Florida drug law, your case stands a solid chance of receiving the outcome you desire.
If you want to avoid being behind bars or paying unaffordable fines for your crimes, seek guidance and knowledge from one of our criminal defense attorneys today. We are here to support you every step of the way and fight in your corner to help you avoid harsh sentences.
Contact The Law Place Today
Please do not hesitate to contact The Law Place today and schedule a free consultation with us. Please feel free to ask us any questions that you may have about our processes. No question is a silly one. The sooner you contact us, the sooner we can get to work gathering all the relevant evidence for your case and building up a solid defense that you can be satisfied with.
Please contact us today at (941) 444-4444. Phone lines are open 24/7, so there is a criminal defense attorney available for you to take your call whenever you’re ready.