If you are facing drug charges in Florida, you may be feeling overwhelmed, confused, and worried about what lies ahead. Drug charges are serious and can have lasting consequences on your life, affecting everything from your career to your personal relationships. We understand the anxiety and fear that can come with this situation, and we want you to know that you’re not alone. Our firm is here to help guide you through the process, providing support and a clear defense strategy to achieve the best possible outcome for your case.
Franklin Domenech, Esq.
Attorney - Partner
William Alexander Corzo, Esq.
Attorney - Of Counsel
When facing drug charges, it’s important to understand your rights and the defense strategies that could help reduce or even dismiss the charges against you. Below, we’ll address some of the most common questions people have about drug charges in Florida and provide insight into how a strong defense can make a significant difference.
What Are the Types of Drug Charges in Florida?
In Florida, there are different types of drug charges depending on the type of drug involved, the amount in question, and the circumstances surrounding the arrest. The state classifies drugs into various schedules, with Schedule I drugs being the most dangerous and illegal to possess, distribute, or manufacture. These can include substances like heroin, cocaine, and certain prescription drugs.
Common drug charges include possession, trafficking, and distribution. Possession charges typically involve the personal use or small amounts of drugs found on your person. Trafficking charges, on the other hand, involve larger quantities of drugs, suggesting that the person intended to distribute them. The penalties for these charges vary greatly, with trafficking often leading to much more severe consequences.
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- Llubikza Kairuz
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What Should I Do if I Am Arrested for Drug Possession?
If you’re arrested for drug possession, the first thing you should do is remain calm and assert your right to remain silent. You are not required to answer any questions or make any statements to the police without your lawyer present. It’s crucial to understand that anything you say can be used against you in court. After your arrest, the next step is to contact a lawyer who can begin working on your defense strategy as soon as possible. The earlier we are involved in your case, the better chance we have to review all the evidence and build a strong defense.
The charges against you will be based on the evidence available to the prosecution. This evidence could include the drugs found on you, the way they were found, and how they were obtained. However, law enforcement is required to follow strict procedures when making an arrest or conducting searches. If they violate your rights, such as performing an illegal search or seizure, we may be able to have the evidence thrown out.
What Are Common Defense Strategies for Drug Charges in Florida?
When it comes to defending against drug charges, there are several strategies that may be employed depending on the specifics of the case. Below are some of the common defenses used in drug cases in Florida:
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Illegal Search and Seizure
One of the most important defenses is challenging the legality of the search and seizure. If the police did not have a valid search warrant or probable cause to search you, the evidence they found may not be admissible in court. Our firm can investigate whether any violations of your rights occurred and potentially use that to have the charges reduced or dismissed.
Lack of Knowledge
Another defense involves proving that you did not know the drugs were in your possession. For example, if drugs were found in a car you were riding in or in a shared living space, it may be possible to argue that you were unaware of the drugs’ presence. If the prosecution cannot prove that you knowingly possessed the drugs, your charges may be reduced or dismissed.
Entrapment
Entrapment occurs when law enforcement officers coerce or pressure someone into committing a crime they would not have committed otherwise. If you were persuaded or forced by undercover officers to commit a drug-related offense, you may have an entrapment defense. This is a difficult defense to prove but could be successful with the right evidence.
Possession for Personal Use
In some cases, the amount of drugs found may indicate that they were for personal use rather than for distribution or trafficking. In Florida, the difference between possession for personal use and possession with intent to distribute can have a significant impact on the severity of the charges and penalties. If your defense attorney can show that the drugs were for personal use only, the penalties may be less severe.
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Can Drug Charges Be Reduced or Dismissed?
Yes, drug charges can sometimes be reduced or dismissed based on the specific circumstances of the case. Several factors can influence the outcome, including the quality of the defense presented, the type of drugs involved, the amount of drugs in question, and whether law enforcement followed the correct procedures.
In many cases, drug charges can be reduced through negotiations with the prosecution, especially if it is your first offense or if you have a clean criminal record. Our firm will work diligently to explore all options, including plea bargains, diversion programs, and other alternatives to jail time.
What Are the Penalties for Drug Charges in Florida?
The penalties for drug charges in Florida depend on several factors, such as the type of drug, the amount in possession, and whether you have prior convictions. For example, a possession charge for a small amount of marijuana may result in a fine and probation, while trafficking charges for large quantities of heroin can lead to years in prison.
Florida also has mandatory minimum sentences for certain drug offenses, particularly drug trafficking. These minimum sentences can range from three years to life in prison, depending on the amount of drugs involved. In such cases, a strong defense strategy is essential to avoid the harshest penalties.
What Happens After I Am Arrested for Drug Charges?
After you are arrested for drug charges, you will be taken to jail and processed. You will then have a chance to appear before a judge, who will set your bail and determine the conditions for your release. The judge will also inform you of the charges against you and set a date for your preliminary hearing.
During this time, it’s critical to work closely with your lawyer to prepare your defense. We will gather evidence, review the police reports, and assess the viability of the charges. If necessary, we will negotiate with the prosecution or take the case to trial.
How Can a Defense Lawyer Help Me?
A skilled defense lawyer can make a significant difference in the outcome of your case. We will examine all the details of your case to determine if there are any flaws in the prosecution’s evidence or any violations of your rights. Our goal is to protect your rights and ensure that you receive a fair trial.
If you’re facing drug charges in Florida, we can provide the legal guidance and representation you need to navigate this difficult situation. With years of experience and a commitment to your success, we will work tirelessly to secure the best possible result for your case.
If you are dealing with drug charges in Florida, it’s essential to have an experienced lawyer by your side. At Victory Law Firm P.A., we are committed to providing the support and legal expertise you need to fight the charges against you. Contact us today to discuss your case and learn how we can help you achieve a successful outcome.