Do you or someone you know need a drug lawyer in Florida? While law enforcement officers have many protocols around these cases, oftentimes some procedures can get overlooked. Here’s how hiring a drug defense lawyer can help your case.
While many states tend to be more lax on drug charges, Florida is considered one of the stricter states for drug offenses, which can either be prosecuted as felonies or misdemeanors.
A few factors that play a role in the severity of the prosecution include the quantity of the substance and intent. Typically, the larger the amount of an illicit substance involved in the charge, the more likely the defendant will be charged with a felony. If large amounts of certain drugs are involved, even possession can sometimes be charged as a felony.
Because there are so many variables with these types of charges, hiring an experienced Port St. Lucie drug charge lawyer, like those on our team at Apfelbaum Law, can significantly affect the odds of a favorable outcome in your case.
2 Common Types of Drug Offenses
Not all drug offenses and prosecutions are equal. However, because Florida courts view drugs as the direct cause of most criminal activity in the state, they do have stricter laws surrounding drug offenses. Two of the most common drug offenses are possession and trafficking.
Drug possession is the lowest category of drug offenses. However, it can still carry strong penalties such as jail or prison time. This charge is exercised for individuals who aren’t producing/manufacturing, distributing, or selling a controlled substance. Rather, they have it in their possession for personal use.
The unfortunate reality is that this charge is often used against those who are suffering from addiction and may need help and treatment. If you or someone you know is in need of a lawyer for drug possession, contact our seasoned and tenacious attorneys at Apfelbaum Law.
This charge usually refers to a large, organized effort to acquire, distribute, and profit from drugs and may carry even lengthier prison sentences.
Drug trafficking is the intentional purchase, sale, manufacture, delivery, possession, or transportation of a Controlled Dangerous Substance (CDS) in excess of certain statutory limits, which vary depending on the particular CDS. It is often prosecuted as a felony, with sentences ranging from a minimum of three years in prison and a fine of $50,000 to life in prison without the possibility of parole.
How a Drug Crime Lawyer Can Help Your Defense
If you or someone you know is in need of a lawyer for drug charges, we’ll discuss your options and formulate the right strategy based on your specific circumstances.
Here are a few defense strategies you and our team may consider:
Our Constitution affords you several protections, including the right to be free from unreasonable searches and seizures of your person and property. If law enforcement officers abuse their constitutional authority in obtaining evidentiary support against you, then that evidence may have been illegally obtained and may be subject to court suppression, and the State may no longer be able to prosecute your case.
Often times, law enforcement will conduct a sting operation or use confidential informants to obtain evidentiary support for a case against you. There are specific rules that need to be followed when gathering evidence and if they went too far and coerced a person into committing a crime they wouldn’t have otherwise, that may be considered entrapment. Your attorney can best advise if this defense strategy is best for your case.
This strategy may be the better option for defendants who are younger than 21 and affords them eligibility to receive a lighter sentence. However, youthful offender sentencing is only available for crimes that aren’t punishable by life and that were committed by persons under 21 at the time of their sentencing. It’s important to remember that deciding to sentence someone as a youthful offender is entirely at the discretion of the judge.
Many defendants may be reluctant to go with this defense strategy because they are not comfortable working with law enforcement to provide “substantial assistance,” helping them to arrest their friends, family or acquaintances. However, it is sometimes the only way to guarantee the defendant won’t go to prison.
Hiring a Lawyer for Drug Cases
The State of Florida is likely to prosecute to the fullest extent of the law individuals who have been suspected of drug possession or selling and distributing drugs. Hiring a drug crime attorney in Florida can significantly help your case.
The experiences and understanding criminal defense attorneys at Apfelbaum Law will put our skills, legal knowledge and trial experience to work for you. Contact us today for a consultation.