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West Palm Beach Drug Attorney Josh LeRoy on:

Drug Possession & Related Charges

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An experienced West Palm Beach drug possession attorney can make all the difference in the world when it comes to your final sentence – potentially years of your life. A few of the most common charges in the Drug category are detailed below.

Contents

Is Possession of Alcoholic Beverages by a Person Under Age 21 (F.S. 562.111) a serious charge?

Florida law makes it a crime for a person under 21 to possess alcoholic beverages. A person is exempt from this law if they are over the age of 18 and possesses alcoholic drinks as an employee of a duly licensed bar, restaurant, or hotel. Note that the law criminalizes possession, not consumption.

What are the penalties for possession of alcoholic beverages by a minor?

Is Possession of Alcoholic Beverages by a Person Under Age 21 (F.S. 562.111) a serious charge?
Possession Of Alcoholic Beverages By A Person Under Age 21, F.S. 562.111
  • A charge of possession of an alcoholic beverage by a minor is a second-degree misdemeanor. Upon conviction, a sentence is up to 60 days in the county jail.
  • Second and subsequent offenses are first-degree misdemeanors, punishable by a term of probation of up to one year in the county jail. In addition, such a conviction can subject the accused to revocation of their driver’s license.

What are the common defenses for a Minor’s Possession of Alcoholic Beverages?

For the State to successfully prove, beyond a reasonable doubt, that a person is guilty of this crime, a qualified drug possession attorney will make the State prove “constructive possession.” That is to say; the State must show the accused (1) possessed a beverage, (2) that the beverage contained alcohol; (3) that the Defendant knew the beverage contained alcohol; and (4) the Defendant exercised ownership over the beverage. If the State fails to show any of these elements, the Defendant must not be found guilty. Finally, note that if a minor takes temporary control of a legal adult’s alcoholic beverage, Florida law does not consider the minor as legally possessing the beverage.

Before hiring a marijuana defense attorney, or should I know about marijuana possession: F.S. 893.13?

During a time when the debate about whether Florida should legalize marijuana is in full force, most states still have high arrest rates for marijuana charges, and Florida is no exception. According to the ACLU, between 2001 and 2010, there were 8.2 million marijuana arrests in the U.S., close to 90% of which were for simple possession. Florida is among the leaders in arrests for possession.

States in the U.S. have differing marijuana laws. While some states have legalized marijuana, POT is still illegal in Florida. A medical marijuana card from a state where marijuana is legal does not authorize its holder to possess marijuana in Florida.

However, Florida has had a constitutional amendment legalizing medical marijuana for those seriously ill, which exempts those registered to possess small amounts of “low-THC” marijuana from arrest.

In Florida, the difference between a felony and a misdemeanor depends on the amount of marijuana you have in your possession. Possessing fewer than 20 grams is a misdemeanor and can be punished by jail for up to a year. Possessing over 20 grams can result in up to five years in prison and is a felony crime. The State considers growing marijuana or possessing over 25 pounds or 300 marijuana plants as trafficking in marijuana, a first-degree felony punishable by up to thirty (30) years in prison.

In addition to any direct punishment for the charge, any marijuana charge may result in the suspension of your driver’s license, even if the charge isn’t driving-related. A conviction for any amount of marijuana will automatically suspend your driver’s license for up to two (2) years.

Before hiring a marijuana defense attorney, or should I know about marijuana possession: F.S. 893.13?
Possession Of Marijuana – F.S. 893.13(6)(B)

These statutes are unfair and irrational. However, it is possible to protect yourself against these charges with the help of a knowledgeable drug possession attorney.

What are my rights when it comes to possession of marijuana charge?

With any accusation of wrongdoing, it is essential to know your rights. For instance, the privilege of staying quiet and talking with a lawyer can be of paramount significance. Contact a local drug possession attorney for more information before settling anything concerning your case.

Is possession of marijuana a second-degree misdemeanor?

There isn’t a 2nd-degree misdemeanor for marijuana in Florida. There is just a 1st-degree misdemeanor and, after that, a felony level with the degrees for marijuana possession.

Can you have a felony charge for possession of marijuana?

Yes. Contingent upon the amount of marijuana or the circumstances of your arrest, you can be convicted as a felon for possession of marijuana.

Can I be convicted of both intent to sell and possession simultaneously?

Yes. Possession for personal use and possession with the intent to sell are two charges that can result in very different criminal punishments. However, for individuals with significant amounts of marijuana on their person or property, it may be possible to have both charges simultaneously.

Before hiring a cocaine defense attorney, what should I know about possession of cocaine charge: F.S. 893.13(6)(A)?

Florida law prohibits a person from being “in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter.”

The Florida Legislature has classified cocaine (including crack), including any compound derived from, or prepared with, cocaine, as a Schedule II controlled substance. (See Section 893.03(2)(a)(4)). Thus, as a controlled substance, possession of cocaine, or any drug containing cocaine, is a crime unless a physician prescribes the drug.

What are the penalties for Possession of Cocaine?

Before hiring a cocaine defense attorney, what should I know about a possession of cocaine charge: F.S. 893.13(6)(A)?
Possession Of Cocaine, F.S. 893.13(6)(A)

As a third-degree felony, this crime is punishable by penalties ranging from a term of probation up to five years in state prison.

What is the difference between actual and constructive possession?

To convict a defendant charged with possession of cocaine, the State must prove the accused either “actually” or “constructively” possessed the illegal substance.

  • Actual possession – Actual possession means the cocaine is found or seen in the person’s hands or clothing. For instance, the cocaine is in the person’s pocket, sock, or bra or visible on the person.
  • Constructive possession – Constructive possession means authorities find the cocaine near the person. For instance, cocaine in the car that a person was driving or in which he was a passenger. It can be difficult for the State to prove all the necessary elements of a constructive possession charge, especially if they find the cocaine in an area where more than one person has been preen, like a car with multiple occupants.

There were three people in the car; the cocaine was found on the floor in the backseat by my friend, so why was I arrested? Is it because it was my car?

When police find cocaine in a car, and there are multiple occupants of that car, unless someone claims ownership, they arrest the driver or the person closest to the cocaine. In either case, the State will have difficulty proving the charge at trial. Regarding the passenger, Florida law clearly states that proximity alone is insufficient to prove constructive possession.

Regarding the driver, there may not be any evidence for the State to offer that the driver knew the cocaine was even present. Moreover, without more information, the cocaine may have belonged to prior drivers or passengers other than the person arrested by the police and charged with the crime.

Does it matter that I told the cops the cocaine was mine even though it was in my girlfriend’s purse? I did not want her to go to jail.

They will likely charge her with possession if they find the cocaine in her purse. However, because you admitted ownership of the cocaine, you will be charged with the offense.

Nevertheless, this is important if the police questioned you about the cocaine but did not clearly and adequately advise you of your right to remain silent and your right to have a drug possession attorney. Your statement can be “suppressed” from the case and not used against you.

If convicted of Possession of Cocaine, will my driver’s license be suspended because of Drug Possession charges?

Yes. Just like the adjudication of guilt for any drug possession charge in Florida, if the judge finds you guilty, your driver’s license will be suspended for one year.

However, if the judge agrees to “withhold” adjudication of guilt, your driver’s license will not be suspended. And even if they suspend your driver’s license, the law provides a means to obtain a “hardship” license, one allowing the holder to drive strictly for necessities such as travel to and from work, school, church, and the grocery store (See Section 322.055(1)).

The Defendant’s completion of substance abuse treatment may also provide a route for recovery of his driver’s license.

Before hiring a Drug Possession Attorney, what should I know about a Possession of a Controlled Substance charge (F.S. 893.13)?

There are many variables within a charge of possession of a controlled substance (all controlled substances apart from less than 20 grams of marijuana), such as whether you are a repeat offender, if the drug was in “actual” or “constructive” possession, and what drug was involved. Every State classifies controlled substances differently; in Florida, they use “schedules” as categories ranked on the likelihood of addiction and abuse.

  • Schedule 1 drugs – have a high likelihood of addiction and abuse and are not for medical purposes, such as heroin.
  • Schedule 2 drugs are also highly likely abused but often have medicinal purposes, such as morphine and opium.
  • Schedule 3 drugs – have a possibility of abuse and may lead to addiction. They sometimes have a legitimate medicinal purpose. Examples of these drugs are anabolic steroids.
  • Schedule 4 drugs – have a low likelihood of addiction and are accepted medicinally, like diazepam.
  • Schedule 5 drugs – have a low likelihood of abuse or addiction and can be used medicinally. These are medicines that don’t contain large amounts of narcotic drugs.

Possession charges divide into two groups: actual and constructive. Actual possession means the item was on the individual’s person, such as in their pocket, wallet, or purse. Constructive possession means that the item is easily accessible to the individual, regardless of whether it is theirs or not.

For example, if the drugs are in the console of a car, both the driver and passenger can be charged with constructive possession, assuming that they were aware of it being there.

Before hiring a Drug Possession Attorney, what should I know about a Possession of a Controlled Substance charge (F.S. 893.13)?
Possession Of Controlled Substances – F.S. 893.13(6)(A)

Depending on the number of drugs you have in your possession, the charges range from a 1st-degree misdemeanor to a 1st-degree felony.

Individuals with previous charges for drug possession will receive harsher consequences than first-time offenders.

Talk to a seasoned drug possession attorney to explore your options.

I was not in the vehicle at the time of the drug possession arrest, is my license still in jeopardy of suspension?

Yes. If you are guilty, your license will be suspended by the DMV for up to two years, whether in a vehicle or not.

I wasn’t read my Miranda rights; will my case be rejected?

No. However, an officer is obliged to read Miranda notices when they arrest you.

Suppose an officer makes inquiries that evoke implicating answers and does not read your Miranda rights. In that case, we will stifle your answer and restrict the State from utilizing the answers against you. The State may reject your case if there isn’t any other evidence.

Specific inquiries don’t need Miranda’s, however.

Is Ownership of a Controlled Substance a felony or misdemeanor?

Ownership of a controlled substance is can be either a misdemeanor or felony charge, contingent upon three principal variables:

  • Type of drug
  • Amount of drug
  • Your intent with the drug

How serious is a Possession of Drug Paraphernalia charge: F.S. 893.147?

Any object that assists in drug use, any vessel that helps the drug user get the drugs to their body, can be grounds for a Possession of Drug Paraphernalia charge. The following are some common drug paraphernalia:

  • bongs
  • pipes
  • syringes
  • containers that held illegal drugs
  • scales to measure amounts of illicit drugs

Paraphernalia possession divides into two groups: actual and constructive. Actual possession means the item was on the individual’s person, such as in their pocket, wallet, or purse. Constructive possession means that the item is easily accessible to the individual, regardless of whether it is theirs or not. For example, if the paraphernalia is in the console of a car, both the driver and passenger can be charged with constructive possession, assuming that they were aware of its presence.

There are ways to avoid this charge. Most paraphernalia cases stem from vehicle searches during traffic stops; your civil rights protect you against unnecessary searches. If you believe that your vehicle has been searched without good reason, which led to your charge, contact a drug possession attorney immediately. Additionally, you may argue that you were unaware of the paraphernalia’s presence.

In Florida, possession of paraphernalia is a 1st-degree misdemeanor, which comes with harsh punishments. A

How serious is a Possession of Drug Paraphernalia charge: F.S. 893.147?
Possession Of Drug Paraphernalia – F.S. 893.147

conviction can lead to a maximum of a year in jail and up to $1000 in fines. It will also be on your record, which makes it challenging to find a job or a home.

Get educated and call an experienced drug possession attorney to get started on your defense.

What constitutes or qualifies as paraphernalia possession?

There are two characterizations of possession of paraphernalia in Florida.

“Actual Possession”: This sort of possession happens when someone has stuff on their person. Actual possession commonly occurs when the paraphernalia is in somebody’s pockets or bag. Actual possession is the most challenging sort of possession to defend.

“Constructive Possession”: When people have easy access to something but do not have it on them, they may face a charge of constructive possession. They must be mindful of the gear and have the capacity to control it.

For instance, if you are aware of drugs or paraphernalia in your vehicle, you can be accused of possession. Even though you don’t possess the paraphernalia, were not utilizing it, or did not have it on you. Having the ability to get to the paraphernalia is sufficient for a charge.

Is this as serious as drug possession – do I need a Drug Defense Attorney?

If the State charges you with paraphernalia possession, you should contact a drug possession attorney. Even though the charges don’t appear that heavy, you would prefer not to put your freedom in danger.

An accomplished drug possession attorney knows how the system works and will ensure you keep your rights. Employing a trusted lawyer will help you maintain a strategic distance from feelings and help have your charges dismissed or plea bargained.

What is Obtaining a Controlled Substance by Fraud: F.S. 893.13?

Recently, prescription drug abuse has skyrocketed everywhere in the nation. They are the easiest drugs to obtain and are available to everyone. While prescription drugs are legal when prescribed to you, it is illegal to use or obtain them by misrepresenting yourself, forgery, or fraud.

Obtaining controlled substances by fraud is a 3rd-degree felony, which results in up to 5 years in prison. The State must prove beyond doubt that the prescription drugs were acquired using a fraudulent method.

  • False/altered/counterfeit prescriptions
  • Impersonating a doctor
  • “Doctor shopping”

In many drug cases, you can shorten a sentence by completing community service or drug classes. Community service also helps create a positive character portrait, which should help your case.

What is Obtaining a Controlled Substance by Fraud: F.S. 893.13?
Obtaining A Controlled Substance By Fraud – F.S. 893.13(7)

A proactive approach can ensure you avoid having a permanent criminal record and save your driver’s license from suspension. Contact a criminal lawyer to get the facts of your case and resolve it in your favor.

Is it still considered illegal drug possession if I need the controlled substance?

If you obtained the drugs by a fraudulent act, whether you need the drugs or not, it is still illegal. There are defenses against your case.

Contact a skilled west palm beach criminal lawyer to discuss further actions.

I have been accused of “doctor shopping”; what is that?

“Doctor shopping” is going to different doctors and giving them false information as to the means of obtaining prescriptions “legally.” Every time this occurs, it is an additional felony charge.

If I am found guilty, can I do a substance abuse program instead of serving jail time?

In some cases, you may be able to take this route by participating in programs and/or doing community service instead of jail time. Again, you should contact a criminal lawyer immediately to find out the details of your case and whether or not you may be able to take this route.

Before hiring a Drug Crime Defense Attorney, what do I need to know about the Sale of a Controlled Substance charge: F.S. 893.13?

Florida has regulations and classifications of drugs to fairly prosecute drug offenders charged with the Sale of a controlled substance. These regulations are the same across all drug-related charges (possession, Sale, trafficking, etc.). The classifications are as follows:

  • Schedule 1 drugs have a high likelihood of addiction and abuse and are not for medical purposes, such as heroin.
  • Schedule 2 drugs also have a high likelihood of abuse but are often used for medicinal purposes, such as morphine and opium.
  • Schedule 3 drugs have a possibility of abuse and may lead to addiction. They occasionally have legitimate uses in the medical world. Examples of these drugs are anabolic steroids.
  • Schedule 4 drugs have a low likelihood of addiction and are accepted medicinally, like diazepam.
  • Schedule 5 drugs have a low likelihood of abuse or addiction and may have legitimate medicinal use. These are medicines that don’t contain large amounts of narcotic drugs.

The penalties for a charge of “Sale of a Controlled Substance” will vary depending on the amount of controlled substance and the drug’s classification.

Most sales of controlled substance convictions result in a felony charge, with enhanced penalties if the Sale occurred within 1,000 feet of certain properties (schools, churches, assisted living housing, parks) and if the Sale involved a minor.

In many cases, previous convictions for a similar crime will result in a harsher consequence. Usually, a longer jail

Before hiring a Drug Crime Defense Attorney, what do I need to know about the Sale of a Controlled Substance charge: F.S. 893.13?
Sale Of A Controlled Substance – F.S. 893.13(1)

sentence and higher fines. If the State charges you with the Sale of a controlled substance, you must contact a criminal defense lawyer to explore your options further.

What are the “sale of a controlled substance” conviction charges?

The amount of illegal drugs on your person determines this. The likely charge is a felony of varying degrees depending on the amount and proximity to various organizations.

Do all drugs have the same punishment?

No, there is a scale of the types of drugs, and depending on your drug, the punishment is different.

What if I have previous drug sale convictions?

The more convictions you have of “sale of a controlled substance,” the harsher the punishment and fines.

How would a West Palm Beach Marijuana Possession Attorney help me with a Sale, Manufacture, Delivery, and Possession with Intent to Sell Marijuana charge: F.S. 893.13(1)(A)(2)?

Florida law imposes harsh criminal penalties for the Sale, manufacture, delivery, or possession with the intent to sell marijuana.

The law expressly defines “deliver” or “delivery” as “the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.” (See section 893.02(6))

In passing this law, the Florida Legislature did not differentiate between the Sale of marijuana and the “delivery” of the drug. Just handing cannabis to someone is treated the same as an actual sale.

How would a West Palm Beach Marijuana Possession Attorney help me with a Sale, Manufacture, Delivery, and Possession with Intent to Sell Marijuana charge: F.S. 893.13(1)(A)(2)?
Sale, Manufacture, Delivery, And Possession with Intent to Sell Marijuana, F.S. 893.13(1)(A)(2)

What are the penalties for the Sale, Manufacture, Delivery, and Possession with Intent to Sell marijuana?

As a second-degree felony, this crime is punishable by penalties ranging from probation up to 15 years in state prison. Remember, mere possession of marijuana, less than 20 grams, is only a misdemeanor. (See 893.13(6)(b) for more information.)

But Florida law designates possession of marijuana over 20 grams as a third-degree felony, punishable by up to 5 years in prison. (See Section 893.13(6)(a) for more information.)

Suppose the Sale, manufacture, delivery, or possession with intent to sell marijuana is within one thousand feet of select locations, such as a school, childcare facility, public park, community center, university, place of worship, convenience store, public housing, or assisted living center. In that case, the crime becomes a first-degree felony.

That means the judge can sentence a convicted defendant to up to 30 years in prison.

In addition, if the State convicts the Defendant of the crime within 1000 feet of a school, park, or community center, the law requires a judge to impose a sentence of at least three years in prison.

I was charged with possession with intent to sell marijuana because the parking lot where I pulled over after being stopped for speeding was across the street from a high school. Am I facing up to 15 years in prison?

As explained above, the crime of possession with intent to sell is enhanced from a third-degree felony to a second-degree felony if the location of the crime is within 1000 feet of select locations, including schools. In the circumstances like the one described above, the Defendant’s lawyer must communicate the relevant facts to the State Attorney as early as possible.

State attorneys know that police sometimes trump up charges against people and then craft police reports to support the increased charges. By explaining the underlying facts to the state attorney, who is usually too busy to read police reports very closely, a defendant’s lawyer can often get the charges reduced.

In other words, you must tell the State Attorney what really happened, how you came to a stop close to the school, and that you did not intend to possess marijuana at a location near the school. That the officer, through his authority, forced you to stop there.

If a person is found guilty of the Sale of marijuana, will his driver’s license be automatically suspended?

Yes. Like any drug possession charge, the State of Florida suspends driver’s licenses whenever a defendant is adjudicated guilty of a drug sale charge. Upon conviction, the State suspends the Defendant’s driver’s license for one year.

However, if the judge withholds adjudication, something the Defendant’s lawyer may be able to negotiate, the license will not be suspended.

Moreover, the law provides a means for some defendants to obtain a hardship license to drive for necessary tasks such as traveling to and from work, going to the grocery store, attending church, and participating in therapy.

How does the State differentiate between drug possession and possession with intent to sell?

That is a complicated question. Sometimes the amount of a drug that is the basis of a police officer’s allegation of intent to sell is consistent with mere personal use.

Multiple factors affect whether the State Attorney charges a person with simple possession rather than possession with intent to sell.

Some of these factors are the amount of the drug by weight, the drug’s packaging, the possession of paraphernalia such as scales; possession of empty packaging material, whether and how much money is confiscated; and any admissions made by the Defendant.

I did not receive any money. I did not arrange for or have anything to do with the Sale. I was just in the car and passed the bag of marijuana from the driver to the guy in the other vehicle. Why was I charged with the Sale of marijuana?

The law punishes “delivery” as it does “sale.” In passing the bag of cocaine, you technically commit the delivery crime.

The correct charge is the Sale, not delivery, of marijuana. But while the title of the charge varies, the punishment does not.

Nevertheless, to succeed in its prosecution, the State must prove, among other things, that you knew that marijuana was inside the bag.

What are some defenses to the Sale, manufacture, delivery, and possession with intent to sell marijuana?

Although it may surprise many, the key to winning the case for a defendant charged with this crime often depends on how the police stopped or arrested him.

Suppose how police stopped or arrested the Defendant violated the strict requirements of the Constitution. In that case, a good drug possession attorney will recognize grounds to seek exclusion of the evidence from the prosecution.

When a defendant, through his lawyer, succeeds in excluding such evidence, the State, seeing it cannot prevail, often drops the case or offers a highly desirable plea offer to resolve the controversy.

What should I know about the Sale, Manufacture, Delivery, and Possession with Intent to Sell Cocaine: F.S. 893.13(1)(A)(1) before hiring a West Palm Beach Drug Crime Attorney?

Florida law imposes harsh criminal penalties for the Sale, manufacture, delivery, or possession with the intent to sell cocaine.

The law expressly defines “deliver” or “delivery” as “the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.” (See section 893.02(6))

In passing this law, the Florida Legislature did not differentiate between the Sale of cocaine and the “delivery” of drugs. Just handing cocaine to someone is treated the same as an actual sale.

What are the penalties for the Sale, Manufacture, Delivery, and Possession with Intent to Sell cocaine?

As a second-degree felony, this crime is punishable by penalties ranging from probation up to 15 years in state prison. Remember, mere possession of fewer than 10 grams of cocaine is a third-degree felony, punishable by up to 5 years in prison. (See section 893.13(6)(a) for more information.)

Suppose the Sale, manufacture, delivery, or possession with intent to sell cocaine is within one thousand feet of select locations, such as a school, childcare facility, public park, community center, university, place of worship, convenience store, public housing, or assisted living center.

In that case, the crime becomes a first-degree felony. That means the judge can if he deems it appropriate, sentence a defendant convicted to 30 years in prison.

In addition, if the State convicts the Defendant of the crime within 1000 feet of a school, park, or community center, the law requires a judge to impose a sentence of at least three years in prison.

I was charged with possession with intent to sell cocaine because the parking lot where I pulled over after being stopped for speeding was across the street from a high school. Am I facing up to 15 years in prison?

As explained above, the crime of possession with intent to sell is enhanced from a third-degree felony to a second-degree felony if the location of the crime is within 1000 feet of select locations, including schools.

In the circumstances like the one described above, the Defendant’s lawyer must communicate the relevant facts to the State Attorney as early as possible. Assistant state attorneys know that police sometimes trump up charges against people and then craft police reports to support the increased charges.

By explaining the underlying facts to the assistant state attorney, who is usually too busy to read police reports very closely, a defendant’s lawyer can often get the charges reduced.

In other words, you must tell the State Attorney how you came to a stop so close to the school and that you did not intend to possess the cocaine at a location near the school. Instead, the police, through their authority, forced you to stop there.

If a person is found guilty of the Sale of cocaine, is his driver’s license automatically suspended?

Yes. Like any drug possession charge, the State of Florida suspends driver’s licenses whenever a defendant is adjudicated guilty of a drug sale charge. Upon conviction, the State suspends the Defendant’s driver’s license for one year.

However, if the judge withholds adjudication, something the Defendant’s lawyer may be able to negotiate, the license will not be suspended.

Moreover, the law provides a means for some defendants to obtain a hardship license to drive for necessary tasks such as traveling to and from work, going to the grocery store, attending church, and participating in therapy.

How does the State differentiate between drug possession and possession with intent to sell?

What should I know about the Sale, Manufacture, Delivery, and Possession with Intent to Sell Cocaine: F.S. 893.13(1)(A)(1) before hiring a West Palm Beach Drug Crime Attorney?
Sale, Manufacture, Delivery, And Possession with Intent to Sell Cocaine, F.S. 893.13(1)(A)(1)

That is a complicated question. Sometimes the amount of a drug that is the basis of a police officer’s allegation of intent to sell is consistent with mere personal use.

Multiple factors affect whether the State Attorney charges a person with simple possession rather than possession with intent to sell.

Some of these factors are the amount of the drug by weight; the drug packaging; the possession of paraphernalia such as scales; possession of empty packaging material; whether and how much money is appropriated, and any admissions made by the Defendant.

I did not receive any money. I did not arrange for or have anything to do with the Sale. I was just in the car and passed the bag of cocaine from the driver to the guy in the other vehicle. Why was I charged with the Sale of cocaine?

The law punishes “delivery” as it does “sale.” In passing the bag of cocaine, you technically commit the crime of delivery.

The correct charge is Sale, not the delivery of cocaine. But while the title of the charge varies, the punishment does not. Nevertheless, to succeed in its prosecution, the State must prove, among other things, that you knew that cocaine was inside the bag.

What are some defenses a Drug Attorney would use for a sale, manufacture, delivery, and possession with intent to sell cocaine charge?

Although it may surprise many, the key to winning the case for a defendant charged with this crime often depends on how the police stopped or arrested him.

Suppose how police stopped or arrested the Defendant violated the strict requirements of the Constitution. In that case, a good drug possession attorney will recognize grounds to seek exclusion of the evidence from the prosecution.

When a defendant, through his lawyer, succeeds in excluding such evidence, the State, concluding it cannot prevail, often drops the case or offers a highly desirable plea offer to resolve the controversy.

Before hiring a West Palm Beach Drug Trafficking Attorney, what should I know about a Trafficking in a Controlled Substance charge (F.S. 893.135)?

Trafficking in a controlled substance is the possession or Sale of a controlled substance over a certain weight. Each drug has a different weight limit. If over that limit, drug trafficking has serious consequences, as the State sees it as contributing to a much larger problem.

Before hiring a West Palm Beach Drug TraffickingAttorney, what should I know about the Trafficking in a Controlled Substance charge (F.S. 893.135)?
Trafficking In A Controlled Substance – F.S. 893.135

Depending on the individual case, it is possible to have your home, cash, or vehicle seized if the State suspects any of those properties have connections to the crime. Furthermore, there is a mandatory jail sentence for those connected to drug trafficking.

The fines and sentences on these charges vary depending on the drug and the amount over the minimum weight limit you had. These weight limits are as follows:

  • Cannabis: 25lbs or 300 individual plants
  • Cocaine: 28g
  • Hydrocodone: 4g
  • LSD: 1g
  • MDMA: 10g
  • Oxycodone: 4g

If the evidence in your case was acquired illegally and obtained without a valid reason, you should contact a criminal lawyer to take the proper steps to clear your name. It is also not uncommon to be involved in police entrapment, violating your Constitutional rights.

Can the courts legally seize my personal property if they accuse me of trafficking in a controlled substance?

Yes, if there is a connection between the property and the crime you allegedly committed, the property can be used as evidence. This property may be a vehicle, a home, or money related to the crime.

Are there different kinds of fines and punishments depending on the type and number of drugs I am allegedly trafficking?

Yes, much like a possession and sale charge, there is a scale of different types and amounts that very much weigh on your conviction and punishment and will impact your possible jail time and fees related to the conviction.

Related Cases

MARIJUANA TRAFFICKING & GROWING

This marijuana trafficking case involved:

  • The Incident: Palm Beach County Sheriffs were alerted to a property because of an “overwhelming smell of marijuana” emanating from the dwelling. After the Client allegedly permitted the deputies to enter the property.
  • The Evidence: They located a sophisticated grow house inside the property’s stand-alone garage; following the discovery of the marijuana, Defendant willingly provided a statement to the deputies.
  • The Charges: Trafficking in Marijuana and Unlawfully Owning a Property for the Purposes of Manufacturing Marijuana
  • My Counsel & Defense: The Public Defender’s office had been assigned to represent the Client, who was being offered a prison sentence. After being retained, I moved the Court for permission to re-depose the deputies because the former public defender failed to ask critical and relevant questions. Subsequently, I filed a Motion to Suppress, arguing that the deputies illegally entered the property and unlawfully obtained statements from the Client.
  • The VERDICT: Upon reviewing the Motion, the State offered the Client a withhold of adjudication, resulting in probation, no jail time, and a dismissal of the marijuana trafficking charge. The Client happily chose to accept the plea.

Related laws:
Trafficking in Marijuana and Unlawfully Owning a Property for the Purposes of Manufacturing Marijuana

COCAINE POSSESSION WHILE DRIVING WITH A SUSPENDED LICENSE

  • The Incident: The driver is pulled over. Officer discovers the driver’s license has been suspended, searches the car, and finds cocaine.
  • The Charges: Possession of Cocaine. Driving with a Suspended License.
  • My Counsel & Defense: Drafted and filed a Motion to Suppress challenging the validity of the stop of the Client’s car.
  • The VERDICT: State reviewed the Motion and conceded. State dropped all charges – Nolle Prosse

related laws:

Possession of Cocaine
Driving with a Suspended License

RESISTING ARREST WHEN ARRESTED FOR POSSESSION OF PARAPHERNALIA

This Possession of Paraphernalia case involved:

  • The Incident: Woman resisted being arrested for possession of paraphernalia.
  • The Accused: I was contacted by the Client after she saw me appear in Court on behalf of another client. She was impressed by my argument in the case and retained me.
  • The Charges: Possession of Paraphernalia, Battery & Resisting Arrest without Violence.
  • My Counsel & Defense: Over a couple of months, I provided the State with records evidencing her innocence.
  • The VERDICT: After the State reviewed my arguments, they dropped all charges. – Nolle Prosse-related laws:

Possession of drug Paraphernalia – F.S. 893.147
Resisting an Officer without Violence – F.S. 843.02

MARIJUANA POSSESSION W/SUSPENDED LICENSE

This Marijuana Possession w/Suspended License case involved:

  • The Incident: The Client had two DUI convictions within six months of each other, which resulted in the Client’s driver’s license being suspended for five years. He was caught driving during that 5-year suspension. During a search, police also found marijuana in the car.
  • The Accused: The Client was initially offered a county jail sentence.
  • The Charges: Typically, the State Attorney requires at least 30 days in jail for driving with a suspended license when it is suspended for a DUI conviction; the Client had two prior DUI convictions.
  • The Evidence: The police responded to the neighbor’s apartment as the evidence pointed out that someone therein committed the crime. After speaking with the Client’s nephew, the police obtained a large amount of the victim’s property inside the apartment where the Client was staying. The Client later confessed to the crime.
  • My Counsel & Defense: Plead to the lessor of Driving without a License and Possession of Marijuana. The Client and I worked on trying to obtain a hardship license, but unfortunately could not. Complicating the matter was that if the Client had been convicted of Driving While License was Suspended, he would have become a habitual traffic offender. His license would have been suspended for another five years, and he would be subject to felony charges.
  • The VERDICT: I negotiated a reduction of the charge, saved the license, prevented him from becoming a habitual traffic offender, and had NO JAIL OR PROBATION. He was ordered to pay only about $300.00 in court costs.

Related laws:
possession of marijuana under 20 grams
suspended license
DUI

POSSESSION OF OVER 20 GRAMS OF MARIJUANA

This possession of over 20 grams of marijuana case involved:

  • The Incident: Law enforcement located a 20-pound package of marijuana that was shipped via US MAIL from California to the Client. Law enforcement conducted a controlled delivery of the marijuana shipment to the Client.
  • The Evidence: The Client signed for the package when it was delivered. After signing for the package, law enforcement identified themselves. While speaking with my Client, he gave incriminating information and admitted to knowing that the package contained marijuana and ownership of the package.
  • The Charges: Possession of Marijuana over 20 Grams
  • My Counsel & Defense: Lengthy negotiations with the State Attorney assigned to the case.
  • The VERDICT: I worked out a deal wherein the Client completed a deferment program and earned a dismissal of all charges. – Deferred Prosecution resulting in Nolle Prosse

Possession of Marijuana over 20 Grams

Arrested? Call West Palm Beach Drug Crime Attorney Joshua LeRoy Because Experience Wins. Can You Afford to Lose?

If you, or someone you know, find yourself in need of a Drug Possession Attorney in West Palm Beach (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note.

Tell me about yourself, what’s happened, and when would be a good time to contact you.

-Joshua LeRoy, Esq.

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    This Criminal Defense Firm is managed by a West Palm Beach, Boca Raton, Boynton Beach, Lake Worth and Delray Beach Criminal Defense Attorney experienced in defending Drug cases.

    West Palm Beach Drug Crime Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach, Jupiter & the surrounding areas of Palm Beach County in the State of Florida.

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