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Criminal Defense Services
Marc A. Joseph, P.A.
Tampa Criminal Defense AttorneyYour Best Criminal Defense!
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- DUI and DWI Part 1 - Booking, Arrest, and Bail An "arrest" in strict legal terms occurs when a person has been placed under police custody
- Trying to Find Public Arrest Records? Here is How to Easily Find Public Records From Home
- Drug Possession Charges Three Tips For Getting the Best Defense.
- Drunk Driving 3 Myths About Alcohol and Impaired Driving
- Domestic Violence Charge? Help Your Domestic Violence Attorney Build a Solid Case
- DUI Charge? Keys to Beating an Aggravated DUI Charge
Drug Crimes
Drug Crimes
Many arrests involving drugs are the result of illegal searches and seizures that violate the U.S. Constitution. With only a few exceptions, law enforcement generally need probable cause and a warrant signed by a judge to search a person, his or her vehicle, home or other property. Without a warrant, there are limitations as to when the police can conduct a search. Police are authorized to search a person or property when they are granted permission to search from the subject. When facing a request from a police officer, most individuals feel compelled to grant permission. Everyone should be aware that every person has a Constitutional right to refuse a request to search that comes from a police officer. Even where a person gives consent, the circumstance of the request may provide for an argument that the consent was forced.
In any case where an arrest was made as a result of a search and seizure, the circumstances of the search and seizure must be evaluated to see if the police officer followed the laws and Constitution. If the laws of the Constitution are violated, a motion to suppress any evidence seized as a result of an illegal search could ensure that the evidence is never used against the person arrested and may result in his or her criminal charges being dropped.
Depending on the type of drug and the amount, the penalties may vary. In the case of larger quantities of controlled substances, “minimum mandatory” sentences may apply. “Minimum Mandatory” sentences are imposed if a client is convicted of a trafficking charge. The mandatory sentences range from three years, to seven years, to fifteen years. The State can waive these minimum sentences.
There many defenses to drug charges even if the drugs are found in the home, the vehicle or even on the person. Marc A. Joseph, P.A. can identify violations that can lead to dismissal of all charges. Every element of the drug case will be scrutinized and your Constitutional rights will be vigorously defended.
Drug Crimes – Penalties and Defense The State of Florida imposes some of the strictest drug laws and most serious sentencings in the country for drug crimes. Anyone caught with drugs may face charges that fall under either federal or state offenses or possibly both. Federal charges occur when someone commits a drug offense over state lines or enters from another country while carrying drugs. Punishment depends on which classification your conviction falls under, with federal offenses carrying a much harsher sentence than state offenses. Common charges in the state of Florida include possession of a controlled substance, possession of drug paraphernalia, intent to sell, trafficking, and manufacturing or prescription drug fraud.
Controlled substances and drugs can range from the most addictive and dangerous drugs in Schedule I to drugs that are rarely addictive in Schedule V. An example of a Schedule I drug would be Heroin, LSD and other drugs with no known medical use. Other scheduled drugs are used for medical reasons but are also used illicitly to get high. These drugs in include Vicodin and hydrocodone in Schedule II, Barbiturates in Schedule III, and drugs in Schedules IV and V which have the least potential for addiction and abuse or to be the reason for a drug crime.
If you are convicted of a drug crime, your punishment will depend on how severe the offense was. The things that can intensify the severity of your charges include any drug offense that is committed near any institution of learning, from elementary to university levels. Drug offenses committed in or near public housing, or with anyone under the age of 18 guarantees you will face much heavier punishment. Punishments can be as light as 60 days in jail with a fine of $500 for a misdemeanor of the Second Degree or as harsh has 30 years to life imprisonment and a $15,000 fine for a Life Felony.
If you have been charged for a drug crime in Florida, you should hire an attorney immediately. An attorney, who is on your side, is your best hope when appearing in court. An attorney well versed in Florida drug laws is able to help you with your case by arguing reasons for leniency, pointing out any mistakes made during arrest, such as illegal search, as well as having your charges reduced. The right attorney may also be able to help you avoid jail time, altogether, by using your voluntary willingness to attend Florida’s Drug Court or using The Federal First Time Offender Act, both available to first time offenders.
Drug Trafficking – Charges and Consequences
Florida imposes some of the harshest sentences against drug trafficking in the country. Even if you are not a person who fits the typical profile of a drug dealer or you are not a huge part of the drug trafficking organization as a whole, Florida law requires that you still be sentenced to a mandatory minimum amount of years in prison. Not only will you face prison time and a strict probation upon release, you may also face civil consequences like losing your home, cars, and even money that might be believed to have a link to drug trafficking.
Drug Trafficking is the intent to sale, purchase, manufacture, deliver, possess, or transport into the State of Florida an amount of drugs for the purpose of trafficking. The most commonly trafficked drugs in Florida include Cannabis, Cocaine, GHB, Hydrocodone, LSD, MDMA or Ecstasy and Oxycodone. Depending on which drug it is, it takes anywhere from as little as 1 gram to 25 pounds or 300 plants to meet the minimum amount for a trafficking charge. As the amount increases, your chance of a higher mandatory minimum sentence increases, as well. It would be a serious mistake not to contact a defense attorney as soon as you are arrested.
Defense strategies an experienced attorney can begin on your behalf include entrapment, when an undercover officer or agent has willfully induced a person to commit a crime they might not have committed otherwise. If entrapment is proven, the court can dismiss all charges against you. Other defense strategies include illegal search and seizure. If there is proof of illegal search and seizure, involving law enforcement illegally obtaining access to your body, vehicle, or home or if they use coercion to gain agreement; arrest without probably cause or obtain search warrants in bad faith, it can result in a motion to suppress which can ultimately result in the full dismissal of a case.
A defense attorney who is on your side is the most valuable asset you will have in facing drug trafficking charges. An attorney, who has handled many cases, like yours in the past, will know exactly how to take charge of your case and make every attempt to find a weakness in the case he can exploit in your favor. Your attorney will begin working on your behalf, tirelessly, from the very first phone call and will not rest until he has done everything legally possible to reduce your charges or have them dismissed completely. Remember, your defense attorney is on your side, at all times.