Jacksonville Florida Criminal Lawyer Attorney

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The sentences an individual deals with drug crimes depends on the type and quantity of drug deeply involved in the detention. Drug indictments under law vary from drug paraphernalia misdemeanor possession or marijuana possession to felony possession of “hard” illegal substances, possession with intent to sell and deliver (PWISD), and trafficking in illegal substances, including heroin or cocaine.

In spite of the drug indictment you tackle down, a judgment would be costly and can hold you back in life for years to come. It is a mistake to plead guilty to even a misdemeanor drug crime, and it is a bigger mistake to deal with drug charges on your own.

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Drug Crime Defense Attorneys

At our Law Firm, our drug crime defense attorneys will meet you to review the indictments against you and candidly spell out what to expect in your case. Our collaborative team of highly-skilled, trusted and well-experienced criminal defense attorneys will discuss your case together so as to develop defense tactics that have considered every angle.

If you or a loved one has been detained and incriminated in drug possession, distribution, or trafficking, do not hesitate to get in touch with us right now to know how we can help you out. Our law firm provides free initial consultations in which we can answer all your questions and talk through your options.

Defenses Against Drug Offenses

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In spite of the charges against you, the State must prove each element of the offense(s) it alleges to win a prison time. Our skilled and trusted drug crime defense attorneys will thoroughly examine and challenge the State’s evidence and theory of the case.

In some cases, drug indictments are lessened or dismissed because of improper detention, such as a lack of probable cause to stop you or your car, illegal search and seizure, or failure to advise of Miranda rights after you were arrested.

If a case goes forward, a few of the facts we may dispute include:

-Possession of the drugs in question. Were they found on your person? Were they found on or in property (a house, car, or public place) belonging to someone else? Were the alleged drugs in your control when found?
-Intent to sell and deliver. Was a more serious indictment applied incorrectly due to a large amount of money (cash), sandwich bags, a household scale, or other common household items were present where you were busted?
-Authenticity of the alleged drugs and/or their amount. We may be able to challenge testing equipment or personnel used to authenticate the illegal substances or their weight/amount used to indict you.
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-The chain of custody for the drugs and/or paraphernalia presented as evidence. Can the State show that the evidence being presented is what was actually seized at the time of your detention? Has the prosecution documented a proper chain of custody from law enforcement through testing, storage, and presentation in court?
-The reliability of witnesses. Are there problems with how you were initially identified to law enforcement? If by informant, is that witness reliable? If in a suspect lineup, were proper protocols followed?

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Types of Drug Crime Cases

At our Law Firm, our drug crime defense attorneys have successfully fought all indictments, including cases deeply involving marijuana, cocaine, heroin, ecstasy, methamphetamine (meth), etc.

The law makes it illegal to possess, manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a “controlled substance” or counterfeit controlled substance. As such, there are several drug offenses an individual may be indicted for.

Our law firm has vast experience dealing with cases involving indictments of:

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-Drug possession
-Intent to sell/distribute controlled substances
-Sale and delivery of narcotics/drugs
-Manufacturing controlled substances
-Controlled substances trafficking
-Conspiracy to commit drug offenses
-Prescription drug possession and Rx fraud

You have the right to be presumed innocent of any drug offense unless the State can prove its indictments. Our legal team can thoroughly probe and challenge the indictments you deal with and the evidence against you. Whether the state has a strong case, we will work hard to either prevent a drug offense sentence or, if need be, prevent the more serious consequences of prison time.

Being caught on drug accusations is for most an intimidating, if not terrifying, situation. It requires prompt, skilled and qualified legal assistance from a knowledgeable criminal defense attorney. Our team of attorneys can thoroughly explain the indictments you deal with and the potential consequences in a free initial consultation with you. Likewise, we can advise you of a potential defense against the accusations you deal with.

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Schedules of Drugs

Controlled substance is the term for a great deal of drugs, which categorizes in a system of schedules according to their danger and/or addictive qualities and potential for abuse:

Schedule I — heroin, LSD, ecstasy, GHB, methaqualone, peyote, opiates, etc.

Schedule II — cocaine, raw opium, opium extracts, codeine, hydrocodone, morphine, methadone, methamphetamine, Ritalin, etc.

Schedule III — ketamine, anabolic steroids, some barbiturates, etc.

Schedule IV — Xanax, Valium, Darvon, Rohypnol, Barbital, Clonazepam, etc.

Schedule V — over-the-counter cough medicines with codeine, and similar products

Schedule VI — marijuana, hashish, hashish oil

Punishments for Drug Crime Judgments

Generally, the law provides for the following accusations and sentence on a first crime for controlled substances possession and distribution (sale):

-Misdemeanor Marijuana Possession (Schedule VI Drugs). This is a Class 3 misdemeanor or, whether the quantity of marijuana exceeds half an ounce but is less than 1.5 ounces, a Class 1 misdemeanor. A Class 3 misdemeanor is punishable by up to thirty (30) days behind bars. A Class 1 misdemeanor is punishable by six (6) months to two (2) years in prison.
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-Misdemeanor Drug Paraphernalia Possession. This can be anything used to grow, make, use, test, sell, or transport illegal substances. Typically, it refers to smoking pipes (“bowls,” “bongs,” hookahs), scales, syringes, large amounts of baggies or pill bottles, grow lights, etc. It is a Class 1 misdemeanor punishable by six (6) months to two (2) years in prison.
-Misdemeanor Possession of Schedule V Drugs. This is a Class 2 misdemeanor punishable by over thirty (30) days and up to six (6) months in prison.
-Misdemeanor Possession of Schedule II, Schedule III, or Schedule IV Drugs. This is a Class 1 misdemeanor punishable by six (6) months to two (2) years in prison.
-Felony Possession of Marijuana. Possession of 1.5 ounces or more of marijuana is a Class I felony punishable by a presumptive penalty of four (4) to six (69 months in prison.
-Possession of a Schedule I Drug. This is a Class I felony punishable by a presumptive penalty of four (4) to six (6) months in prison.
-Sale of Schedule I or Schedule II Drugs. This is a Class G felony punishable by a presumptive penalty of ten (10) to thirty (13) months in prison.
-Sale of Schedule III, Schedule IV, Schedule V, or Schedule VI Drugs. This is a Class H felony punishable by a presumptive penalty of five (5) to six (6) months in prison.
-PWISD Schedule III through Schedule VI drugs. This is a Class I felony punishable by a presumptive penalty of four (4) to six (6) months in prison.
-PWISD or Sale of a Counterfeit Drug. This is a Class I felony punishable by a presumptive penalty of four (4) to six (6) months in prison.
-Manufacture of Methamphetamine (meth). This is a Class C felony punishable by a presumptive penalty of 58 to 73 months (4.8 to 6 years) in jail, unless the manufacture of meth merely involved packaging or labeling, which is a Class H felony punishable by a presumptive penalty of five (5) to six (6) months in prison.

Drug Trafficking Sentences

Drug trafficking, which may be charged with large-scale possession, transportation, or sale of controlled substances, is sentenced more harshly. The law provides for mandatory minimum prison penalties for drug trafficking, with three or four levels of conviction for individual substances, which increase according to the quantity (by weight or dosage units) cited in the indictments.

Minimum quantities required for a drug trafficking accusation and the conviction available include:

-Marijuana: 10 to 50 pounds = 25 to 30 months in jail
-Methaqualone: 1,000 to 5,000 doses = 35 to 42 months in jail
-Cocaine (Crack or Powder): 28 g (28.349 g in an ounce) to 200 g = 35 to 42 months in jail
-Heroin or Opium: 4 to 14 g = 70 to 84 months in jail
-LSD: 100 to 500 doses = 35 to 42 months in jail
-MDMA: 100 to 500 doses = 35 to 42 months in jail

After being arrested for drug crimes, what happens next can have a serious impact on your future. You should deal with drug accusations of any type with the assistance of a knowledgeable and understanding criminal defense attorney who can walk you through what to expect and fight fiercely for you.

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Get in touch with our Drug Crime Defense Attorneys right away

Our well-experienced, skilled and trusted legal team can answer any questions you have about building a strong defense against drug indictments. Our Law Firm serves individuals from different parts of the world. Our team will also travel anywhere to help clients who are dealing with serious felony accusations.