Receiving a drug possession or trafficking charge in the state of Florida can be a life changing experience. Having a good defense attorney remains a vital tool when attempting to get a drug charge dropped in court. Knowing your constitutional rights can prevent a police officer from performing an illegal search or seizure.
Possession of marijuana remains the most minor of all drug charges in the state of Florida. A marijuana possession conviction in the state of Florida remains on the defendant’s permanent record, which can make future employment quite difficult. Possessing 20 grams or less of marijuana in Florida, considered a first-degree misdemeanor, entails a penalty of up to a year in jail. The first-degree misdemeanor also carries a $1,000 fine. Possessing over 20 grams of marijuana can land the defendant in jail for up to five years with a $5,000 fine. Drug trafficking charges, also known as having intent to sell, have much harsher punishments than simple possession. Being caught with 2,000 pounds of marijuana in the state of Florida has a maximum sentence of seven years in prison with a fine of $50,000.
Possessing a controlled substance in Florida has a much harsher penalty than possessing marijuana. Heroin, methamphetamine, cocaine and ecstasy are all considered controlled substances. Possessing a controlled substance has an automatic sentence of a third-degree felony. A third-degree felony can land the defendant in jail for up to five years with a maximum fine of $5,000. Being caught with more than 10 grams of heroin, considered a first-degree felony, has a maximum prison sentence of 30 years with a fine of $10,000. A trafficking conviction in the state of Florida that involves more than 28 grams of heroin has a minimum prison sentence of 25 years.
Florida Case Law on Reasonable Suspicion for a Traffic Stop
In Florida, law enforcement must have probable cause to conduct a traffic stop of a driver. There are the obvious reasons, such as running a red light or stop sign, speeding, or traffic accidents. When it comes to probable cause for detaining someone on the belief that they are driving under the influence of drugs or alcohol, the officer needs only reasonable suspicion.
West Palm Beach Drug Trafficking Defense Attorney
At the law firm of Andrew D. Stine, P.A., in West Palm Beach, Florida, we take a proactive approach in defending clients against drug trafficking charges. We use our experience handling drug crimes and our knowledge of Florida law to reduce charges from trafficking to drug possession. Often we help our clients avoid prison by encouraging them to immediately start community service or complete a drug class.
To learn more about how we can help you, contact our office for a free consultation.
Florida law has a mandatory two year license revocation period for any drug trafficking charge, including trafficking of Roxicodone (Roxies), Xanax, Cocaine, Marijuana and Oxycodone.
At the law firm of Andrew D. Stine, P.A., we provide aggressive defense strategies that help our clients avoid harsh penalties:
Entrapment: Sometimes, police officers will trick an individual into committing a crime they otherwise would not have committed. If this describes your situation, our defense team will defend you by arguing entrapment and attempt to have your case dismissed.
Illegal search and seizure: If the evidence against you was obtained without a search warrant, Attorney Stine will file a motion to suppress evidence, which may cause the prosecution to reduce or drop the charges against you.
False allegation: If you were charged for trafficking Oxycodone or Roxicodone and you have a prescription for these drugs, our firm will work to have your case dismissed.
Guilty pleas: When there is significant evidence against our client, such as in some cases of marijuana cultivation and grow houses, a guilty a plea may be the best option. Guilty pleas can often reduce or eliminate jail time.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.