Felony Drug Offenses In Florida

Committing a drug-related crime in Florida can open a person up to a long jail sentence, given the harshness of the state’s drug laws. Florida’s legislature considers possession and distribution of drugs to be crimes against society, rather than simply against those who use drugs, and state’s attorneys tend to charge these offenses aggressively. If you are charged with a drug-related felony in Florida, the stakes may be even higher than you realize.

Type & Amount

When a person is charged with a drug-related offense in Florida, law enforcement relies primarily on two factors to determine whether the charge should be a misdemeanor or a felony: the nature of the drug in question, and the amount involved (whether alone, or in a mixture of substances). Florida, like the U.S. federal government, categorizes drugs into schedules; Schedule I is for those substances with the highest potential for addiction and least medical use, in descending order, down to Schedule V.

So, for example, if a person is found to possess oxycodone, which is a Schedule II drug, they will face a more serious penalty (in most cases) than someone found to possess tramadol, which is a Schedule IV drug. However, the amount involved does matter – in Florida, each drug has a certain threshold at which possession can be inferred to be for sale or trafficking. Intent to actually distribute drugs does not matter. If a person possesses 2 grams of oxycodone, they will be charged with possession – but if they have 7 grams or over, they will be charged with trafficking in oxycodone.

Defenses Are Possible

If you have been charged with a drug crime in Florida, it can feel as though there is nothing you can do to prevent a prison sentence. There is – particularly with the right legal help, you can assert multiple defenses against the charges. There are many different issues one can raise when attempting to create reasonable doubt in a Florida court. Examples include:

• Was the evidence against you obtained appropriately? Is it admissible, or was it obtained in contravention of the Fourth Amendment right against unlawful search and seizure?
• Did law enforcement entrap you? Entrapment is when law enforcement influences a person to commit a crime that they would otherwise not have committed. It can be difficult to establish, but not impossible.
• Have any substances in question been properly identified? It is not out of the realm of possibility that a substance could be misidentified as a controlled substance.
• Did you actually have possession or control of any illicit substances? Without actual or constructive possession, the prosecution does not have a case.

Any of these may create reasonable doubt, and as the average person knows, if a criminal case is not proven beyond a reasonable doubt, conviction is impossible.

Contact A West Palm Beach Drug Offenses Attorney

Drug offenses are taken seriously in Florida, given the state’s history. If you have been charged with a drug crime, remember that you are entitled to your day in court. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help to protect your rights and guide you through the legal process. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.03.html