Ave Maria Drug Crime Lawyer

Ave Maria Drug Crime Attorney

Drug possession charges are one of the more common criminal offenses in Florida. In 2022, around 83,000 Floridians were arrested for possessing an illegal drug. Being charged with a crime does not mean that you are guilty. The facts of your case and a strong legal defense can prove your innocence or help you have the criminal penalties reduced. Your Ave Maria drug crime lawyer & law firm will help you navigate the court system while fighting to protect your rights.

We understand that being charged with a drug crime can be a stressful experience. The Law Office of Donald P. Day’s skilled team can help reduce some of that stress by formulating a comprehensive legal defense that works toward your personal goals.

Florida Drug Law Overview

Drug crimes in Ave Maria, FL, include possession, possession with intent to sell, drug delivery, and other drug-related offenses. Drug offenses can potentially result in a conviction ranging from a misdemeanor to a first-degree felony. In general, state penal code guidelines divide drugs into classifications based on how dangerous the drug is considered.

Factors that lead to higher charges include:

• Evidence that the defendant intended to sell
• Evidence that the defendant sold to a child
• The amount found
• The proximity of the offense to churches, schools, and parks
• Discovery of drug paraphernalia
• Resisting arrest

Depending on these factors, you may be charged with a misdemeanor or even a felony. Penalties range from three years in jail to a minimum lifetime sentence if you are found to be trafficking the substance. For example, possession of a small amount of marijuana can result in a first-degree misdemeanor charge for defendants who have no criminal history. This carries a maximum penalty of one year in jail.

However, trafficking of heroin is a first-degree felony that is punishable by up to 30 years in prison. The amount of heroin in your possession and the location of your arrest are factors that can lead to more punitive charges.

Regardless of the charge you are facing, a drug-related conviction on your criminal record can dramatically impact your life. Your drug defense attorney can work to have your charges dismissed by showing a lack of evidence or lowered by seeking a diversion program or other alternative to jail time.

Can My Charges Be Lowered?

The prospect of heavy fines, jail time, and the possibility of having your driver’s license suspended can be stressful. One of the jobs of an Ave Maria criminal defense lawyer is to carefully examine and investigate the facts and circumstances of your case. This will help them determine if you are a candidate for a diversion or intervention program. The State of Florida offers multiple programs for non-violent and first-time offenders that can result in lowered or even dropped charges.

Pretrial Diversion Program

Pretrial diversion programs are for non-violent offenders with no prior criminal record. Diversion programs have the goal of educating and rehabilitating defendants. Undergoing rehabilitation treatments and monthly drug tests, along with completing community service hours, are common elements of a pretrial diversion program.

When the program is completed, candidates can have their charges dropped. Some defendants who do not qualify for pretrial diversion may qualify for pretrial intervention.

Drug Court

Florida was the first state to develop a drug court, and now the system is statewide. The idea is to create a non-adversarial approach to helping drug offenders. The county offers a continuum of services so the defendant can work to treat their addiction, whether it be due to alcohol or drugs. Drug testing and other compliance measures are used to ensure that participants are doing their part. Participants in the program can avoid prison time.

Motion to Suppress and Plea Deals

Your drug defense attorney may use a motion to suppress if the evidence in your case was obtained illegally. Prosecutors often offer plea deals in an effort to clear courtroom dockets and resolve cases in a timely manner. Accepting a plea deal will still come with conditions, such as an admission of guilt and an agreement to submit to randomized drug tests. The main benefit of accepting a plea deal is that you can have a much lower charge on your record.

FAQs

Q: How Much Does a Criminal Lawyer Cost in Florida?

A: Attorneys generally charge $200 to $400 an hour, depending on their experience and area of law. Lawyers justify higher rates based on their successes in court, number of clients successfully served, and overall experience. While it may be tempting to shop around for the most affordable lawyer, experience comes with a cost, and the investment in hiring an experienced law firm is often worth it.

Q: How Do You Beat a Drug Trafficking Charge in Florida?

A: There are several potential outcomes that can come from your case. Having your charges reduced will be a priority for your defense attorney. The difference between having a felony and a misdemeanor on your record could have implications for your ability to find work in the future. Achieving a positive outcome requires diligent research and investigation into the facts of your case and a deep understanding of criminal law.

Q: Do First Time Drug Offenders Go to Jail in Florida?

A: It depends on the severity of the offense. A first-time offender found with a small amount of marijuana may be afforded the option of taking a drug diversion program that could lead to the charges being dropped. A person with a first-time offense involving a large amount of drugs and charges of trafficking would be much less likely to avoid a jail or prison sentence.

Q: How Long Will My Case Take to Resolve?

A: Every case is different, but few cases are resolved quickly. The prosecutors must review the evidence, and your attorney will need time to investigate the allegations thoroughly. Time is often on the defendant’s time because the burden of proof falls on the state. Even a simple case will likely take several months to over a year to resolve.

Schedule Your Criminal Defense Consultation Today

Working with an experienced law firm can greatly improve the chances that you prevail. For some defendants, taking a plea deal may be the right step to move on, while other clients can benefit from pretrial diversion programs. With the Law Office of Donald P. Day’s team at your side, you can ensure that your rights are protected. To schedule your drug-related consultation, contact our office today.