|
DRUG OFFENSES
Many people believe that drugs and drug abuse is the root of much of the violence that we see and hear about on a daily basis. As a result, our courts have been designed to punish rather than help an individual who may have an addiction or a serious drug problem. Prosecutors representing the State of Florida continue to prosecute cases and ask for long jail/prison sentences at a very high rate. At Hager & Schwartz, P.A., we help defend clients in drug matters involving:
Following is a list of some illegal drugs:
- Heroin
- Cocaine
- Crack Cocaine
- Ecstasy
- Meth
- Marijuana
- Cannabis
- Opium
- PCP
- Morphine
- Barbituates
- LSD
- Steroids
- Mescaline
- Methadone
- Any other controlled substance that is possessed without a valid prescription.
One factor in determining the seriousness of the drug charge is whether the drugs are for personal use (possession) or for sale. A drug offense may be filed as a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. A few pounds of a drug is certainly more serious than just a few ounces, and a few ounces is more serious just than a few grams. Another very important factor is whether or not you have a prior criminal record. For obvious reasons, a prior criminal record could result in a more severe punishment than if the defendant had a clean or relatively minor record.
The most important factor in determining the severity of the drug charge is the type and quantity of the illegal drugs involved. Depending on the specific type and amount of narcotics, as well as criminal history, you could be eligible for a drug program which will provide you with drug treatment and once it is successfully completed, it could result in the dismissal of the criminal drug charge. However, if the amount is significant, you could face a minimum mandatory prison term of up to fifteen (15) years in Florida State Prison.
Penalties for Drug Charges:
Penalties for Drug Crimes are serious. They may include jail/prison time, probation, a fine, and/or loss of a driver's license. It is critical to obtain the services of an experienced criminal defense lawyer as soon as possible as a result of the serious potential penalties.
The crime of "simple possession" requires that a person knowingly and intentionally possess an illegal drug and/or controlled substance without a legitimate prescription. The prosecutor is required to prove that the offender either had actual possession of it or some other control over it.
Possession with intent to sell/manufacture/deliver a controlled substance is a crime with more significant penalties. The severity of the penalties depends on the drug involved, the quantity of the drug, and the offender's prior criminal record. If the amount of narcotics rises to the level of trafficking, minimum mandatory prison sentences will be sought by the prosecutor of up to 15 years in Florida State Prison. Often times, the Prosecutor will file a charge of possession with intent to sell/manufacture/deliver based solely on how the narcotic was packaged, regardless of amount involved.
Drug Court:
A Drug Court is a special court that is given the responsibility of handling cases that involve drug-addicted offenders through a supervision and treatment program. The program will be separated into different phases, where the participant will earn more freedoms each time a phase is completed successfully. Although a period of incarceration is sometimes required, the case is dismissed when the program is successfully completed.
Call Our Office and Speak Directly to an Attorney
If you have any questions or would like to speak directly to an experienced criminal attorney regarding your Drug Case, please do not hesitate to call Hager & Schwartz, P.A. for a FREE CONSULTATION. If you prefer, fill out the form on the contact us page of this website, and an experienced criminal lawyer will be in touch with you as soon as possible.
|