How Long Does A Drug Case Typically Last?
Depending on the nature of the drug case, if it’s a first time offender who is using drugs and in possession of illegal narcotics, the drug case usually lasts 90 days in the normal course of the circuit courts. That doesn’t include possible sentences that the court may hand down, but drug cases that are more severe like trafficking and illegal drugs, sale and distribution of illegal drugs and/or narcotics sometimes can take at least a year or more to be ready for a negotiated plea and/or trial.
It really depends on the nature of the crime, the individual’s criminal record, and how the individual wants to resolve their criminal case, because many motions like motions to dismiss, motions to suppress, motions to savor and other important motions may need to be filed in drug cases that include trafficking, sale and distribution. Those motions are not used as much with individuals who are charged with possessing drugs for use.
It really depends and the best way to find out that answer is to immediately contact a criminal defense attorney like myself who has over a decade and thousands of cases in defending drug cases to get a more accurate answer because they’re really case specific.
Can Drug Charges Get Expunged or Sealed in Florida?
Yes. Approximately, 90 per cent of all misdemeanor drug cases that I have handled have been dismissed or Nolle prossed through negotiations. If the case is dismissed or Nolle prossed, then that individual, if they don’t have a prior adjudication of guilt, are eligible to have their case expunged or sealed.
Same thing holds true for felony cases. If the individual’s charged with a felony drug crime, they’re placed on probation, receive a withhold, successfully complete probation, that defendant is eligible under the statute to get their record expunged and sealed. It’s very important to immediately meet with a criminal defense attorney and to have that information available to you as an individual charged with the drug crime to get the best possible result and to have your record cleaned from the public’s view through the seal and expungement process.
What are Common Client Concerns when Charged in a Drug Case?
It depends on the client. If clients are charged with a drug crime and are using drugs, sometimes it takes a few days or a week for them to have clarity in their perception about the crime. That’s why it’s important to hire a criminal defense attorney in drug crimes for drug users because drug users make bad decisions and those decisions could negatively impact their freedom, their employment, their family life and other areas like their driving license, that will have long lasting effects.
However, if they let a criminal defense attorney who has handled thousands of drug crimes like myself handle the file, they will be given proper advice and provided with plans like treatment and other types of classes that can help the individual who is using drugs stop using the illegal drugs and have a brighter future.
Many times, drug users also have psychological issues. They’re dual diagnosed, so they have a psychological issue and they’re using drugs to help with their psychological problems. If that’s the issue, a psychological evaluation maybe an important tool to find out if the individual suffers from a psychiatric condition so that they can be properly diagnosed, receive the proper medication, receive the proper treatment and think with clarity.
This way, while they’re going through the criminal case, they can provide competent and substantial information to their criminal defense attorney like myself to get the best possible result. It also is beneficial for those who are using drugs to get the proper treatment, whether it’s drug treatment, psychological treatment, or both, so that they can have a successful life. It’s not the end all be all when an individual gets arrested for a drug crime.
What Are the Qualities to Look for in a Competent Criminal Defense Attorney?
The individual has to take many factors into consideration. Is the criminal defense attorney experienced in the crime for which the individual’s charged? Does the criminal defense attorney provide promises or guarantees because those attorneys who provide promises and guarantees cannot know what possible sentence the judge may hand down or the possible offer of the state attorney in the initial consultation.
Being candid with the individual charged with the crime and being fruitful is an important factor. As the criminal defense attorney who the defendant is interviewing for hiring, did he or she handle drug cases all the way through trial?
I’ve handled all cases regarding drugs, possession, sale, distribution, and trafficking through trial and appeals. I have been successful on defending drug trafficking cases for over a decade. Not guilty verdicts have been handed down in many drug trafficking cases that I’ve handled. I’ve been successful in filing appeals on drug cases including drug trafficking.
Ask the lawyer who you’re interviewing about whether or not law enforcement illegally stopped, illegally searched, illegally found the contraband, what possible sentences are available besides incarceration to the individual defendant who has been charged with the crime. They are very important factors, it goes to experience of the criminal defense attorney and the advice that’s immediately provided. They’re the factors that one must consider in hiring a criminal defense attorney and/or drug crimes.
For more information on Timeframe of Resolution for Drug Cases, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling 561.880.4300 today.