Clearwater Drug Crime Attorney
Our Clearwater drug crimes attorneys are here to help with your criminal defense inquiries about your drug offense case. Generally speaking, there are a few different types of drug offenses in the State of Florida:
- Simple possession
- Possession with intent to sell
- Trafficking—Please note that the charge of trafficking does not require any sale of drugs. It is simply an enhanced charge based on the amount of a specific drug.
Experienced Clearwater Drug Offense Attorneys
All of these charges can carry harsher penalties based on where they took place. For example, the charge of delivery of a controlled substance within 1000 feet of a school carries a statutory minimum mandatory prison sentence. Trafficking charges also carry minimum mandatory prison sentences and DMV penalties.
If convicted of a drug offense in Florida, the Department of Motor Vehicles (DMV) will suspend your driver’s license for a period of 2 years. You must serve a “hard suspension” for the first 6 months — that means you cannot have a driver’s license at all. After the 6 months you may apply for a hardship permit. In addition to the suspension, you may have to pay higher insurance premiums and fines. Our drug offenses attorneys in Clearwater are highly experienced, so you know you’ll be in good hands.
If you are arrested for a drug offense, you need to call a Clearwater drug offenses attorney who is experienced in defending drug offense cases. At Roman & Roman, you will have an experienced Clearwater drug offenses attorneys who is extremely familiar with all types of drug offenses fighting for you. We can look into many options to get the best possible resolution for you:
Motion to Suppress: If a law enforcement officer violated your 4th amendment rights against unlawful search and seizure to obtain the drugs, we can many times get evidence against you suppressed so the State will be forced to drop your case.
Motion to Dismiss: Taking the evidence as it is, if the State cannot prove its case the charge must be dismissed. This defense is best used in the case of a jointly occupied vehicle or residence.
Pre-Trial Diversion Programs: If you qualify (usually for first time offenders), you will be on a type of probation without entering a plea. You will have to undergo some treatment and any other court ordered conditions. The benefit of this type of program is that the charge will be dropped once you successfully complete the program.
Trial: Just because you are arrested does not mean you are guilty. Often, taking your case to trial is one of the best ways to determine your guilt or innocence.
Many drug crimes carry an equal punishment to that of assault, rape, and even murder. Marijuana, cocaine, heroin, and methamphetamines are some of the most widely recognized illegal drugs, though there are emerging trends that show other types of recreational drugs taking over, such as prescription medications. For example, Adderall and Ritalin, both stimulant ADHD medications, are abused by hundreds of thousands of people every day for various reasons, including enhanced study and concentration benefits. Drug use has not seen a decline since the war on drugs began decades ago. There has, however, been a major increase in nonviolent incarceration due to the heightened pursuit of putting drug users behind bars. Recreational drug use and sales can end in jail or prison time depending on the type of drug in question and the quantity. If you have been accused of possession, manufacturing, or possession with intent to sell or distribute a dangerous controlled substance, you need legal advice immediately. Contact a Clearwater drug crimes defense attorney today to begin working on your case.
Prescription Drug Offenses
While many of us may think of marijuana or cocaine when we hear about a drug crime, a growing number of drug cases are related to prescription drugs, namely opioid prescription pain medications. While much of the media’s attention is fixated upon conventional recreational drugs such as marijuana and cocaine, far more people die from opioid prescriptions pain medications. In fact, according to the Centers for Disease Control and Prevention (CDC), two million Americans abuse or are addicted to opioid pain medications, which are some of the most addictive substances in existence. Additionally, 28,000 people died from opioid prescriptions and heroin, which is another opioid drug, in 2014. The authorities are beginning to crack down on illegal possession and distribution of illegal prescription drugs in order to combat this growing issue. Many opioids, such as hydrocodone, oxycodone, methadone, morphine, and fentanyl (excluding heroin), are Schedule II drugs, and possession can result in time behind bars. Sale or possession with intent to sell a Schedule II drug is a second degree felony, punishable by up to 15 years in prison and a fine of $10,000, according to the Food and Drug Administration. The definition of “intent to sell” depends on the quantity of drug in possession. The law can argue that if an individual has over a certain amount of a controlled substance in their possession, they have an intent to sell because they would not be able to use all of it themselves.
An experienced attorney can help mitigate these claims and reduce the sentence you face. Additionally, if the search was done illegally or other law enforcement activities were not performed to code, the charges may not stick. The sooner your legal team begins working on your case to accumulate evidence and key witnesses to disprove the prosecution’s accusations, the better your chances will be in having the charges dismissed or reduced. Contact an experienced Clearwater drug crimes defense attorney today with Roman & Roman at 877-767-1032 for a free consultation.