The Law in Plain English ➪ Jupiter ➪ West Palm Beach ➪ Boca Raton ➪
Drug Possession Attorney Josh LeRoy discusses:

Drug Possession, Selling & Related Chargess

Need help? Use the form below, or read more about West Palm Beach Drug Possession Attorney Joshua LeRoy, Esq.
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 that fall 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 he or she is 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?

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

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

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 must 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 drink. If the State fails to show any one of these elements, the defendant must be found not 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 having been legally in possession of the beverage.

Do I need a West Palm Beach Drug Possession Attorney for a Possession of Marijuana charge: F.S. 893.13?

During a time when the debate of whether Marijuana should be legalized 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 have been 8.2 million marijuana arrests in the U.S, and close to 90% are for simple possession. Florida is among the leaders in arrests from 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 who are seriously ill, which makes those registered to possess small amounts of “low-THC” marijuana exempt of arrest.

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

In addition to any direct punishment for the charge, any marijuana charge may result in 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.

Possession Of Marijuana – F.S. 893.13(6)(B)
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 should you do when you are accused of possession of marijuana?

Whenever you are accused of a wrongdoing, it is essential to know what your rights are. For instance, the privilege to stay quiet and to talk with a lawyer can be of foremost significance. Contact a local drug possession attorney for more data before settling on any choices with respect to your case.

Is the possession of marijuana a second degree a misdemeanor?

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

Can you have a felony charge for the possession of marijuana?

Yes. Contingent upon the measure of marijuana or what the assertions are concerning the behavior behind the capture, you can be convicted as a felon for possession of marijuana.

Can I be convicted of intent to sell and possession?

Yes. Possession for individual utilization and possession with aim to sell are two charges that can come with some very diverse criminal punishments, however for the individuals who are found with any huge measure of marijuana on their individual or property, it may be conceivable to have both charges at one time.

What should I know about a Possession of Cocaine charge (F.S. 893.13(6)(A)) before hiring a West Palm Beach Drug Possession Attorney?

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 the drug was prescribed by a physician.

What are the penalties for Possession of Cocaine?

Possession Of Cocaine, F.S. 893.13(6)(A)
Possession Of Cocaine, F.S. 893.13(6)(A)

A third-degree felony, this crime is punishable by penalties ranging from a term of probation up to 5 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 hands, or the clothing of the person. For instance, the cocaine is in the person’s pocket, sock, or bra, or that the cocaine was seen on the person
  • Constructive possession – Constructive possession means the cocaine is found near the person. For instance, the cocaine was found in the car which 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 the cocaine is found in an area in which 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 makes a claim of ownership, either the driver will be arrested or the person closest to the cocaine will be arrested. In either case, the State will have a difficult time proving the charge at trial. Regarding the passenger, Florida law is clear that proximity alone is not sufficient 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 any more information, the cocaine may have belonged to prior drivers, or prior passengers, other than the person arrested by the police and charged with the crime.

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

If the cocaine was found in her purse, it is likely that she would have been charged with the possession. However, because you admitted ownership of the cocaine, you will be charged with the offense. Nevertheless, and this is important, if the police questioned you about the cocaine, but did not clearly and properly advise you of your right to remain silent and your right to have a drug possession attorney, then 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 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 your driver’s license is suspended, the law provides 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.

What should I know about a Possession of a Controlled Substance charge (F.S. 893.13) before hiring a West Palm Beach Drug Possession Attorney?

There are many variables within a possession of a controlled substance charge (all controlled substances apart from less than 20 grams of marijuana). Whether you are a repeat offender, if the drug was in “actual” or “constructive” possession, and what drug was in possession. Every state classifies controlled substances in different ways; 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 – 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 are sometimes used 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 can be used medicinally. These are medicines which don’t contain large amounts of narcotic drugs.

Possession charges are divided into two groups: actual or constructive. Actual possession means that the item was on the individual’s person, as in their pocket, wallet, or purse. Constructive possession means that the item is easily accessible to the individual, regardless of whether it was 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’s being there.

Possession Of A Controlled Substances – F.S. 893.13(6)(A)
Possession Of A Controlled Substances – F.S. 893.13(6)(A)

Depending on the amount 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 when I was arrested for drug possession, is my license still in jeopardy to suspension?

Yes. In the event that you are guilty, your license will be suspended by the DMV for up to two years, whether a vehicle is included or not.

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

No. An officer is obliged to read Miranda notices when you are arrested. If an officer makes inquiries that evoke implicating answers, and did not read your Miranda rights, then your answer would be stifled and the State would be restricted from utilizing the answers against you. If there isn’t any other evidence, then the case may be rejected. Certain inquiries don’t need Miranda right, however.

Is Ownership of a Controlled Substance a felony or misdemeanor?

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

  • Sort of drug
  • Measure of drug
  • Your intent with the drug

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

Any object that can be used to assist in drug use, any vessel to help 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 illegal drugs

Paraphernalia possession can be divided into two groups: actual or constructive. Actual possession means that the item was on the individual’s person, as in their pocket, wallet, or purse. Constructive possession means that the item is easily accessible to the individual, regardless of whether it was 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 being there.

There are ways to avoid this charge. Most paraphernalia cases stem from vehicle searches on traffic stops; you are protected against unnecessary searches. If you believe that your vehicle has been searched without good reason, and this lead 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

Possession Of Drug Paraphernalia – 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 $1k in fines. It will also be on your record, which makes it difficult to find a job, or home. Get educated and call your drug possession attorney to get started on your defense.

What constitutes as paraphernalia possession?

There are 2 characterizations of possession of paraphernalia in Florida.

“Actual Possession”: This sort of possession happens when an individual has stuff on their individual person. Most ordinarily, this happens when the paraphernalia is located in somebody’s pockets or bag. Actual possession is the most difficult sort of possession to defend against.

“Constructive Possession”: When an individual has easy access, however it is not on them, they are accused of constructive possession. They must be mindful of the gear and must have the capacity to control it. For instance, if you are aware that there are drugs or paraphernalia in your vehicle, you can be accused of possession. Regardless of the fact that you don’t possess the paraphernalia, were not utilizing it, or did not have it on you. Basically, 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 you are confronting charges of paraphernalia possession, you definitely should contact a drug possession attorney. Regardless of the fact that the charges don’t appear that heavy, you would prefer not to put your own personal freedom in danger. An accomplished criminal attorney knows the details of the system, and will ensure you keep your rights. Employing a trusted lawyer will help you maintain a strategic distance from feelings or have your charges rejected or diminished.

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 they are 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. It must be proven without any doubt that the prescription drugs were acquired using a fraudulent method, for example:

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

In many drug cases, a sentence can be shortened through completion of community service or drug classes. This will also help in creating a positive character portrait, which should help your case.

Obtaining A Controlled Substance By Fraud – F.S. 893.13(7)
Obtaining A Controlled Substance By Fraud – F.S. 893.13(7)

A proactive approach can make sure that you will avoid having a permanent criminal record, as well as save your driver’s license from suspension. Contact a criminal lawyer to get the facts on your case and resolve the case in your favor.

If I needed the controlled substance, is it still considered illegal drug possession?

If you obtained the drugs by a fraudulent act, it is still illegal, whether you needed the drugs or not. There are defenses against your case, contact a skilled 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, to the means of obtaining prescriptions “legally”. Every time this occurs, you can be charged with a different felony.

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

In some cases, you can participate in programs and/or do community service in lieu 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.

How would a Drug Crime Attorney help me with a Sale of a Controlled Substance charge: F.S. 893.13?

Florida has regulations and classifications of drugs in order to fairly prosecute drug offenders charged with Sale of a Controlled Substance. These regulations are the same throughout all drug related charges (possession, sale, and 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 are sometimes used 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 can be used medicinally. These are medicines which don’t contain large amounts of narcotic drugs.

Consequences for a Sale of a Controlled Substance Charge will depend on the amount of controlled substance, and the classification of the drug. Most sale of controlled substance convictions come with a felony charge, and have upgraded penalties for different circumstances in the case; if the sale took place within 1k feet of some properties (schools, churches, assisted living housing, parks), as well as if the sale involved a minor.

Previous convictions of a similar crime, as with many cases, will result in a harsher consequence. Usually a longer jail

Sale Of A Controlled Substance – F.S. 893.13(1)
Sale Of A Controlled Substance – F.S. 893.13(1)

sentence and higher fines. If you have been charged with sale of a controlled substance, it would be important to contact a criminal defense lawyer to explore your options further.

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

It depends on the amount of illegal substance that is on your person. The likely charge is a Felony, with varying degrees depending on the amount, and vicinity to various organizations.

Do all drugs have the same punishment?

No, there is a scale of the types of drugs, and depending on the kind of drug you are in possession of, 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 Drug 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 sale and of marijuana and “delivery” of the drug. This means that just handing cannabis to someone is treated the same as actual sale.

Sale, Manufacture, Delivery, And Possession With Intent To Sell Marijuana, 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 Sale, Manufacture, Delivery, and Possession with Intent to Sell Marijuana?

As a second-degree felony, this crime is punishable by penalties ranging from a term of probation up to 15 years in state prison. Remember, mere possession of marijuana less than 20 grams is only a misdemeanor. (See Section 893.13(6)(b)). But Florida law designates possession of marijuana over 20 grams to be a third-degree felony, punishable by up to 5 years in prison. (See Section 893.13(6), (a)).

If the sale, manufacture, delivery, or possession with intent to sell marijuana is committed within one thousand feet of select locations, such as a school, child care facility, public park, community center, university, place of worship, convenience store, public housing, or assisted living center, the crime becomes a first-degree felony. That means that the judge can sentence a convicted defendant to up to 30 years in prison.

In addition, if the defendant is convicted 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. It is imperative in circumstances like the one described above for the defendant’s lawyer to 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 properly reduced. In other words, the State Attorney has to be told what really happened and how it is that you came to be stopped so close to the school, that you did not have any intent to possess marijuana at a location near the school. Rather, the police, through his authority, forced you to stop there.

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

Yes. Just like any drug possession charge, the State of Florida suspends drivers’ licenses whenever a defendant is adjudicated guilty of a drug sale charge. Upon conviction, the defendant’s license is suspended 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 the means for some defendants to obtain a hardship license so that they are permitted to drive for necessary tasks: to travel to and from work, to go to the grocery store, to attend church, and to participate 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. There are multiple factors that 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; how the drug is packaged; 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 marijuana from the driver to the guy in the other car. Why was I charged with sale of marijuana?

The law punishes “delivery” the same as it does sale. By passing the bag of cocaine, technically you committed the crime of delivery. The correct charge is sale, not delivery of marijuana. But while the title of the charge varies, the punishment does not. Nevertheless, in order 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 sale, manufacture, delivery, and possession with intent to sell marijuana?

Although surprising to many, often the key to winning the case for a defendant charged with this crime depends on how police stopped or arrested him. If the manner in which police stopped or arrested the defendant violated the strict requirements of the Constitution, then 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 alternatively, offers a highly desirable plea offer to resolve the controversy.

What should I know about 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 sale of cocaine and “delivery” of drug. This means that just handing cocaine to someone is treated the same as actual sale.

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

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

If the sale, manufacture, delivery, or possession with intent to sell cocaine is committed within one thousand feet of select locations, such as a school, child care facility, public park, community center, university, place of worship, convenience store, public housing, or assisted living center, the crime becomes a first-degree felony. That means that the judge can, if he deems it appropriate, sentence a defendant who is convicted to 30 years in prison.

In addition, if the defendant is convicted 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 3 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. It is imperative in circumstances like the one described above for the defendant’s lawyer to 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 properly reduced. In other words, the assistant state attorney has to be told what really happened and how it is that you came to be stopped so close to the school, that not have any intent to possess the cocaine at a location near the school. Rather, the police, through his authority, forced you to stop there.

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

Yes. Just like any drug possession charge, the State of Florida suspends drivers’ licenses whenever a defendant is adjudicated guilty of a drug sale charge. Upon conviction, the defendant’s license is suspended 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 the means for some defendants to obtain a hardship license so that they are permitted to drive for necessary tasks: to travel to and from work, to go to the grocery store, to attend church, and to participate in therapy.

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

Sale, Manufacture, Delivery, And Possession With Intent To Sell Cocaine, F.S. 893.13(1)(A)(1)
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. There are multiple factors that 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; how the drug is packaged; 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 car. Why was I charged with sale of cocaine?

The law punishes “delivery” the same as it does sale. By passing the bag of cocaine, technically you committed the crime of delivery. The correct charge is sale, not delivery of cocaine. But while the title of the charge varies, the punishment does not. Nevertheless, in order 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 surprising to many, often the key to winning the case for a defendant charged with this crime depends on how police stopped or arrested him. If the manner in which police stopped or arrested the defendant violated the strict requirements of the Constitution, then 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 alternatively, offers a highly desirable plea offer to resolve the controversy.

How would a West Palm Beach Drug Crime Attorney help me with a Trafficking in a Controlled Substance charge (F.S. 893.135)?

Trafficking in a controlled substance is possessing 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 it is seen as contributing to a much larger problem.

Trafficking In A Controlled Substance – 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 vehicles seized, if it is suspected that any of those properties are connected to the crime. Furthermore, there is a mandatory jail sentence of those connected to drug trafficking.

The fines and sentences of these charges vary depending on the drug, and the amount over the minimum weight limit that you were in possession of. 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 for your case was acquired illegally, and was obtained without valid reason, you should contact a criminal lawyer to take the proper steps in clearing your name. It is also not uncommon to be involved in police entrapment, which violates your rights as a citizen. Any defendant under age 21 may also be deemed a “youthful offender”, and be served with the minimum sentence; however, this is only an option on one occasion.

Can the courts legally seize my personal property if I was accused of trafficking in a controlled substance?

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

Are there differing kinds of fines and punishments depending on the type and amount of drugs I was accused of 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 punishments, 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” that was emanating from the dwelling. After the Client allegedly permitted the deputies to enter into the property.
  • The Evidence: They located a sophisticated grow house inside the property’s stand-alone garage, Following the discovery of the marijuana, the 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 I was retained, I moved the Court for permission to re-depose the deputies, because the former public defender failed to ask necessary and relevant questions. Subsequently, I filed a Motion to Suppress, arguing that the deputies illegally entered onto the property and illegally 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: Driver is pulled over. Officer discovers the driver’s license has been suspended and 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 the course of a couple 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 6 months of each other, which resulted in the client’s driver’s license being suspended for 5 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 originally 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 that someone therein committed the crime. After speaking with the client’s nephew, the police obtained a large amount of the victim’s property from inside of the apartment where the client was staying. The client later confessed to the crime.
  • My Counsel & Defense: Plead to 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 the fact that if the client was convicted of Driving While License Suspended, he would have become a habitual traffic offender. His license would have been suspended for another 5 years, and he would be subject to felony charges.
  • The VERDICT: I was able to negotiate a reduction of the charge, save the license, prevent him becoming a habitual traffic offender, and 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, as well as 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 was able to work out a deal wherein the client completes a deferment program and earned a dismissal of all charges. – Deferred Prosecution resulting in Nolle Prosse

related laws:
Possession of Marijuana over 20 Grams

If You Have Been 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 Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.

-Joshua LeRoy, Esq.

Looking for details on the law firm? click here[/column]

    Contact West Palm Beach Criminal Attorney Josh LeRoy









    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 and all 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.

    View our other Top Resource Pages