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Orlando Sex Crimes Lawyer in Orlando, FL

Florida Drug Charges

Drug Charges

What Are Drug Charges?

There are three main types of drug charges one can be accused of. The first is simple possession, which means you have some illegal substance or substances on your person, in your car, in your home, etc.


Possession may be upgraded to possession with the intent to distribute. This usually applies to situations in which large quantities of an illegal drug are found, making it unreasonable to assume they’re all for one person. 


It’s important to note that possession with the intent to distribute is based on quantity, not receipts; there does not have to be physical proof of any actual drug sale for this charge. 


The third and final category of drug charge, drug trafficking, is by far the most severe. Drug trafficking is a broad term that includes pretty much any involvement in the process of manufacturing, producing, transmitting, distributing, and dispensing illegal substances. It also covers the possession of drugs with the intent to participate in any of these processes.


What are the Consequences of Drug Charges in Orlando, Florida?

Drug charges are taken seriously in the state of Florida. No matter the kind of drug charge, the sentence depends heavily on the amount of drugs involved. 


Even charges involving marijuana, which has been in discussions to be decriminalized, can still result in hefty fines and lengthy prison sentences. For example, possessing a mere 20 grams or less or marijuana is a misdemeanor, which can result in up to a year in county jail and up to $1,000 in fines. On the other hand, possessing over 25 pounds of marijuana could result in marijuana trafficking, which means a minimum 3 years prison time. 


In fact, trafficking charges in any capacity are subject to a mandatory prison sentence, the length of which varies depending on which illegal substance is involved and how much of that illegal substance is found.


Regardless of how the crime is charged, there are certain aggravating factors that can increase jail time and fines. The most common aggravating factor is the possession of a firearm during the commission of a trafficking charge. 


Defending Against Drug Charges

While mandatory sentencing and aggravating factors don’t sound great, they don’t mean all hope is lost. As with all legal cases in the United States, the burden of proof lies on the prosecution, which means the defendant is innocent until proven guilty. 


In drug charge cases, there are three main questions the prosecution will have to answer in order to secure a conviction. 


First, they must determine whether or not the initial stop of the defendant was legal. There are a variety of mistakes that can be made when law enforcement officers stop or detain a citizen, and any mistakes here can lead to the charges being dropped. 


Second, they must determine whether or not the search that led to finding the drugs in question was legally justified. Law enforcement officers aren’t allowed to search a citizen’s private property or person without a warrant unless they have reasonable cause, and so (assuming no warrants are involved) the prosecution must prove that the officials in question had reasonable cause to search and subsequently find the drugs. 


Finally, if the initial stop and subsequent search are proven to be justified, the prosecution must provide enough evidence that the defendant was actually in possession of the drugs in question. 


This last count can be difficult to determine. Drugs do not have to be found on your person in order for them to be considered in your possession. If you have knowledge of them and they are nearby (within your reach), that can count as possession. But how can the prosecution prove you had knowledge of them? Then again, how can you prove you didn’t have knowledge of them? 


That’s where your legal counsel comes in. 


Experienced Drug Charge Attorneys in Orlando

When it comes to arguing your case, the last thing you want to do is leave it up to chance. The team at Hanlon Law is made up of experts in the business, with nearly 20 years’ experience defending against all kinds of accusations. 


Our attorneys will leverage that expertise to your advantage to get the best possible outcome. If you’ve been charged with a drug charge in Orlando, Florida, contact us today.

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