On behalf of Michael A. Gottlieb, P.A. posted in drug charges on Tuesday, March 22, 2016.
If you’re caught selling or using drugs, you’re in a precarious position. You need to make sure you defend yourself from the moment you’re accused. Florida has special laws regarding drug distribution. First of all, Florida laws prohibit drug trafficking. Many offenses are felonies and can lead to time in prison.
Drug trafficking is prosecuted as a first-degree felony. It can lead to up to 30 years in prison if you’re convicted, and mandatory minimums may also be in place. For example, if you are caught trafficking marijuana and have more than 25 pounds of the substance, you could face a fine of $25,000 and must be in prison for a minimum sentence of three years.
If you were caught with 2,000 to 10,000 pounds of marijuana, that same crime would now have a minimum term in prison of seven years, and you could be fined $50,000.
There are some ways to defend yourself against drug distribution allegations. You could, for instance, say that you were entrapped by the police. You could argue that your home or vehicle was searched unlawfully, which violates your Fourth Amendment rights. You may also be able to have your charges changed or dropped if you’re able to show that the drugs were for your own personal use and not intended for distribution or sale to others.
Many laws in Florida encourage enhanced sentences for those who have been caught with drugs in the past and convicted of those offenses, so if this is not your first offense, creating a strong defense is going to be key to avoiding harsh penalties.
Source: FindLaw, “Florida Drug Distribution Laws,” accessed March 22, 2016