Potential Penalties For Drug Possession In Florida
Drug possession is one of the most commonly charged offenses in Florida. While the state has some of the harshest drug laws in the U.S., the sentences will vary if one is convicted. There are a handful of factors that can affect the nature of a person’s sentence, and if jail time is involved, the length that will be required. With the right attorney on your side, hopefully it will be possible to avoid being convicted altogether.
Schedule & Weight Matter
Florida has a turbulent past regarding drug use, sale, and trafficking in illegal drugs, and as a result, its law enforcement takes drug crimes very seriously. Like the federal Drug Enforcement Administration (DEA), Florida groups controlled substances into schedules, with Schedule I containing those substances with the highest potential for addiction and the least accepted medical usage, while Schedule V is the inverse.
The ‘schedule’ of a controlled substance is a major factor in determining a sentence upon conviction. The weight of the substance involved in your specific case is another. Florida law contains ‘magic numbers’ of sorts when it comes to drugs; if a person is found with under that specific amount, they may be charged with possession, while an amount larger may trigger trafficking charges.
Every Sentence Is Serious
If you are unfortunate enough to be convicted of a drug offense in Florida, be prepared for higher than average amounts of jail time. Florida still observes mandatory minimum sentences for many drug crimes, meaning that a convicted defendant must serve at least that amount of time, with no parole or reprieve. Even if your sentence does not have a mandatory minimum attached, you will most likely have to serve the majority of the time.
That said, there are other options for those who commit drug-related offenses due to addiction, or for those who have never been in trouble with the law before. Pretrial diversion programs or probation programs, such as ‘drug court,’ are available in some cases, but just because completion of these programs will help you avoid jail time does not mean they are easy. A knowledgeable attorney can help you determine the best options for you and your family.
Contact A West Palm Beach Drug Possession Attorney
Ideally, a person charged with a drug offense would hopefully be able to avoid conviction – but it is important to be aware of the consequences if this is the proverbial boat in which you find yourself. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help you navigate the legal process and protect your rights. 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