Drug Cases

There are a few categories for drug offenses in the State of Florida. They can generally be broken down into the following categories: Possession, Possession with intent to deliver. Delivery, and Trafficking.

There is a common misconception that you can not be charged for possession of drugs if the only thing the police seize is a drug pipe of other type of paraphernalia. Not true, in Florida, all the State needs to charge you is enough of the substance to test, even if the test consumes all the substance. The biggest example of this happening is when a pipe is found and the residue of prior drug use is scraped off and tested. A positive test will result in an arrest and a criminal charge being filed.

Another common misconception in drug cases deals with trafficking cases. In today’s climate of pain pill related crimes, many times possession of these drugs, illegally, can result is a trafficking charge being filed even though they are for personal use. The misconception is that trafficking has NOTHING to do with selling or “pushing” drugs. Everyone is familiar with the “bad” drugs, Cocaine, Heroine, and Meth. But the drugs on the rise among offenders often start out as prescribed. Common drugs that can cause problems due to their high addictive nature are; Codeine (tylenol3), Propoxephene (Darvocet), Hydrocodone (Vicodin) and Oxycodone (Oxycoton, Percocet). Trafficking is simple possession of a statutorily specified amount of a specific drug. The amount need to qualify as trafficking varies based on the type of drug. For example, if you have

The sentences for Trafficking carry a statutorily mandated mandatory prison sentence and a hefty fine. The prison sentences range from 3 years to life based on the circumstances.

There are several ways to defend drug cases depending on the seriousness of the specific offense. Everything from Pre-trial diversion programs to Jury trials. A major way to attack a drug charge is in the search and seizure.