Orlando Criminal Defense Attorney
In the state of Florida, authorities aggressively prosecute drug crimes. If you or someone you know has a drug charge, it is important to contact a skilled criminal defense attorney promptly. This will help protect your rights. As a former prosecutor, Attorney Frost can help design the best defense strategy for your case.
Are you being prosecuted for a drug crime in the state of Florida? The possibility of having to deal with the judicial system can be extremely stressful, particularly when it concerns drug-related offenses. Numerous drug-related offenses, such as trafficking, selling, possession, and others, are punishable by severe laws and punishments in the State of Florida. Convictions for drug crimes can have a significant and long-lasting effect on a person’s life, regardless of the type of drug involved (e.g., prescription drugs, meth, heroin, cocaine, marijuana, or other substances). In the state of Florida, those convicted of these felonies may face prosecution at either the state or federal level. Your future, however, is something that can be fiercely protected if you have the right defense.
In this guide, we will discuss various aspects of drug crimes in the state of Florida, including the types of cases that we defend, the legal definitions of drug-related charges, the penalties, defense strategies, and frequently asked questions to help you design the best defense strategy and achieve the best outcome for your case.
In the state of Florida, criminal sanctions for drug-related offenses can vary widely depending on the nature of the violation as well as the drug in question. These offenses can range from simple misdemeanors to serious felonies, each of which is more serious than the previous. The following are some examples of prevalent drug-related crimes:
Additional drug-related felonies can be classified based on the location of the crime, such as near a school or childcare facility. Convictions for these crimes result in harsher jail sentences and heavier penalties.
It is important that you find legal representation if you are being accused of committing a narcotics felony. Frost Law is available around the clock, seven days a week, to provide a free case evaluation with our experienced drug crimes attorney in Central Florida.
Drug offenses consist mostly of three types of charges: Possession, Sale or Delivery, and Trafficking.
According to Section 893.13(1)(a) of the Florida Statutes, “a person may not sell, manufacture, or deliver, or possess with the intent to sell, manufacture, or deliver, a controlled substance,” which includes substances like cannabis, cocaine, and heroin. If you violate this provision, you could be charged with a crime of the second or third degree, depending on the controlled substance that was involved in the incident. Take, for example:
It is a crime of the third degree to possess cannabis with the intent to sell, manufacture, or deliver it. Cannabis is classified as a Schedule 1 substance.
It is a felony of the second degree to possess cocaine, which is classified as a Schedule 2 substance, with the purpose to distribute, produce, or supply the drug.
If convicted of these crimes, you might face a maximum sentence of five years in jail for a felony of the third degree and fifteen years in prison for a felony of the second degree.
In order to mount a successful defense against drug charges in Orlando or throughout Central Florida, a comprehensive plan is required. The following is a list of frequent defense strategies that have been successfully utilized by Frost Law:
Defending Possession: The defendant in many situations of drug possession does not plan to sell or transport restricted narcotics, which might be a defense in some cases. It is common practice to introduce the “intent to sell” aspect in order to increase penalties, coerce the accused into entering a more severe plea, or threaten them.
Illegal Searches and Seizures: If law enforcement conducts an unlawful search or seizure, there could be grounds for appealing the accusations against the suspect. When police officers want to detain someone and inspect their belongings, they need to have both probable cause and reasonable suspicion.
Insufficient Evidence: The prosecution has the burden of proving beyond a shadow of a doubt that all aspects of the offense have been met. A robust defense is able to raise reasonable doubts about the evidence that has been given, including the substance’s identification.
Medical Necessity: In Florida, patients with a medical necessity are permitted to consume medical-grade cannabis, also known as cannabis with a low THC content, within the parameters of the law. If somebody can demonstrate that they were using cannabis for medical reasons and had a valid medical card, they may have grounds for a legal defense.
Constructive Possession: Defendants who are accused of possessing drugs that were discovered at a location other than their own may have a defense available to them based on the concept of constructive possession. It requires demonstrating that you are aware of and in control of the medicines.
Pre-trial Diversion Programs: First-time offenders may be eligible for pretrial diversion programs, which, upon successful completion of the program, can result in the dismissal of charges against the offender.
Drug charges in Florida can be difficult to navigate, and they carry with them substantial repercussions that can have a significant impact on a person’s future and freedom. A skilled attorney can be of critical assistance in a variety of ways, including the following:
Our Central Florida drug crimes attorney has a comprehensive knowledge of Florida’s drug laws and a wealth of experience defending clients against drug accusations. We are dedicated to defending your legal rights and working toward the most favorable resolution of your case that is achievable.
Frost Law is dedicated to defending individuals facing drug charges in Central Florida. With our experienced legal team, you can access a wealth of knowledge, resources, and effective defense strategies tailored to your specific case. If you’re accused of drug possession, sale or delivery or trafficking related offenses, contact us today to protect your rights.
Attorney Frost is dedicated to providing strategic and personalized representation, guiding you through the legal process with expertise and compassion.
Our commitment to open communication, strategic advocacy, and a relentless pursuit of justice sets us apart. If you find yourself facing drug charges in Florida, don’t face it alone. Contact Frost Law for a confidential free consultation and let us help you protect what matters most.
In Florida, the cultivation, manufacturing, distribution, and sale of substances that are illegal under the state’s drug laws are all considered to be forms of drug trafficking. The severity of the consequences that follow a conviction for drug trafficking is contingent on both the kind of restricted substances and the amount of them involved. Take, for instance:
Under certain conditions, the state of Florida’s legislation permits the sealing or expunging of a person’s criminal record. The severity of the crime, the resolution of the case, and a number of other aspects determine whether or not an individual is eligible for expungement or sealing of their record. In most cases, those convicted of drug trafficking offenses are unable to have their records sealed or purged.
In Florida, a person can be charged with a crime for being in possession of drug paraphernalia. It is against the law to use, possess, or transmit drug paraphernalia with the knowledge that it will be used to plant, cultivate, manufacture, process, store, contain, or conceal a controlled substance in accordance with Florida Statute Section 893.147. This law applies to all drug-related activities. The possession of drug paraphernalia is considered a misdemeanor of the first degree, which carries potential sentences of up to one year in jail and fines of up to $1,000 fine.
According to Florida law, prohibited substances are placed into one of five separate schedules, ranging from I to V, depending on their potential for misuse and their accepted medical usage. Each schedule has its own particular restrictions and punishments that go along with it. Refer to Section 893.03 of the Florida Statutes for a complete listing of prohibited drugs and the schedules under which they are classified.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
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