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What Are the Different Types of Drug Crimes in Florida?
There are several types of drug crimes that law enforcement can charge someone with in Florida. How serious each charge is depends on many factors, including the type of drug involved in the charge, if the person charged has a previous history of drug charges, and if there were extenuating circumstances (violence took place or was threatened along with the drug charge, minors were involved, etc.).
These are some of the most common drug charges someone might face.
Drug Paraphernalia Possession
Drug paraphernalia is defined as items that could be used to produce, consume, or conceal illegal drugs but not the drugs themselves. This includes things like bongs, syringes, and small spoons.
Possession of Drugs
This charge means someone can control or manage drugs. There are two types of possession.
- Actual: The drugs are literally in their possession, such as in their pocket or hands.
- Constructive: The person charged didn’t have the drugs on their person but in a place they controlled, such as their vehicle or home. They were aware of the presence of the drugs.
Possession of Drugs with the Intent to Distribute
Carrying drugs with the intent to sell or deliver them to someone else is a different type of possession. It’s usually differentiated from basic possession by the quantity possessed. If the person charged has a small amount that appears to be for personal use, they’re more likely to be charged with possession. If they’re carrying a large quantity, this charge may apply.
Drug Trafficking
This is similar to the Intent to Distribute. The difference is the amount of drugs found on the person charged, which is larger than the Intent to Distribute or whether the person crossed state or international boundaries to distribute.
Manufacturing or Delivery
It’s illegal not just to possess drugs but to manufacture or deliver them to others.
What Should I Do if I’m Accused of a Drug Crime in Florida?
Drug charges are serious. Convictions, especially at the felony level, can lead to significant fines and lengthy jail terms. Felony convictions become part of your permanent criminal record, and the only way to remove them from your record is to receive a pardon from Florida’s governor or the president.
You should contact an experienced drug crime defense attorney as soon as you’ve been charged. These are complex cases with the potential for dire consequences. You need someone on your side who understands the laws.
Together, you and your attorney can develop a defense strategy. Every case is unique, so there isn’t one single approach that works for everyone. The following are just examples. If none fits your situation, contact an attorney to learn what defense might apply to you.
- Violation of constitutional rights. Someone’s constitutional rights may be violated during an arrest in multiple ways. If law enforcement didn’t read the Miranda rights that give the person arrested the right to remain silent, or they didn’t have a search warrant or probable cause to suspect a drug crime but insisted on searching, the case may be unconstitutional. This can be complicated legally, so work with an attorney to determine if it applies to you.
- Prescription medication. The drug in their possession was legally prescribed to them by a doctor.
- Someone else’s drugs. The person charged was not the drug’s owner. For example, if the drugs were found in a roommate’s bedroom or someone else’s car.
- Unaware of illegality. Part of possession charges involves the person charged knowing the drugs are illegal. If they didn’t know, it can weaken the case.
What Shouldn’t I Do if I’m Accused of a Drug Crime in Florida?
There are several things to avoid if possible.
- Allowing search and seizure without a warrant. If law enforcement wants to search your person, home, or vehicle but they don’t have a search warrant, they must ask your permission. Often, people think they don’t have the option to say no, but legally, you do, and you should refuse.
- Talk with law enforcement. Don’t do this until you have an attorney at your side. Law enforcement has no legal right to force you to discuss the charges. You have the right to remain silent and have legal representation. Sometimes, people think that by talking with the officer about the case, they’ll demonstrate cooperation, which will work in their favor. But often, they end up incriminating themselves in ways that become more difficult to defend.
- Agree to plead guilty right away. It’s not unusual to feel stressed and pressured when charged with drug crimes, and it can seem logical to go ahead and plead guilty. Don’t do that without talking to your attorney first. There may be many defenses or other reasons that make pleading guilty unnecessary.
What Should I Do if I Think I’m Going to Be Charged with a Drug Crime in Florida?
Call DeMichael Law as soon as possible at 863-216-1831 to request a free case evaluation. Being convicted of drug crimes in Florida can have serious, even life-changing consequences. As an experienced, knowledgeable drug crime defense attorney, I can go through the details of your charges with you and provide advice on what might be the right approach to achieve the best possible outcomes. The sooner we start, the better.
