Bonita Springs Drug Crime Lawyer

Bonita Springs Drug Crime Attorney

If you have been charged with a drug crime, you are likely feeling scared and anxious about the potential outcome of your case. Penalties for drug crimes in Florida can be serious, especially those that include drug trafficking, possessing drugs, or selling drugs. To protect yourself and your future, you should hire a Bonita Springs drug crime lawyer to help defend your rights and fight for a positive outcome.

Common Drug Crimes in Florida

There are several kinds of drug crimes in the state of Florida. The type of drug crime you are charged with, and its severity will have the largest impact on the potential penalties you face. The most common kinds of drug crimes include:

• Creating and manufacturing
• Possessing
• Transporting
• Selling or trafficking
• Prescription drug abuse

How Are Drug Crimes Categorized in Florida?

Depending on the severity of your crime, the government will classify it as either a misdemeanor or a felony. Some drug crimes are classified depending on where they take place, for example, if an offense took place near a school or a facility that takes care of children.

You can also receive a DUI if you are arrested for driving under the influence of drugs or alcohol. Even though this is not technically considered a drug crime, being under the influence of drugs while operating a vehicle is still illegal. No matter what kind of drug crime you are facing, you should contact a Bonita Springs drug crime lawyer as soon as possible. They can look into your case to understand the severity of your charge and determine how to move forward.

Possessing and Selling Drugs in Florida

In the state of Florida, it is not legal for anyone to sell, manufacture, transport, or possess drugs with the purpose of selling, manufacturing, or transporting them, according to Florida Statutes Section 893.13(1)(a). If someone were to commit this crime, they would be charged with a second or third-degree felony.

For a person to be convicted of intention to sell, manufacture, or transport drugs, the prosecutor must be able to demonstrate three factors:

1. The defendant had a controlled substance that they were planning to sell, manufacture, or transport;
2. The substance in question is defined by Florida law as a controlled substance, and;
3. The defendant knew about the controlled substance.

Additionally, the individual must have had the intention of selling the controlled substance as defined by Florida state laws. This means that the individual intended to deliver or pass on the substance to another person for money or something of value.

Common Defenses Used for Criminal Drug Charges

Many different criminal defense strategies can be used in a drug crime case. An attorney can help determine what kind of defense strategy may be the most effective for your particular situation. This is why it is important to discuss every detail of your case with your attorney so that they can ensure they build the strongest strategy possible.

Common defense strategies used in drug crime cases include:

• Unlawful Search and Seizure: If the police searched you in a way that exceeded their legal capacity, then you may have been a victim of an unlawful search and seizure. Additionally, a search is still considered unlawful if a warrant is not correctly granted. If there is any evidence of either, then your case may be dismissed.
• Entrapment: Entrapment involves you acting against your will as a result of being forced by officers of the law. If you took part in a drug crime that you would normally not have taken part in, then your case may be dismissed, but only if it is possible to prove that manipulation took place.
• Mistaken Identity: Sometimes, an individual can be wrongfully accused of a crime because they are not properly identified. Even if the crime occurred in an area that was being video monitored, the quality of the recording may be poor, resulting in a false accusation. This may be the most useful defense strategy if you are able to provide a believable alibi.

FAQs

Can You Be Charged With a DUI After Taking Drugs That Were Prescribed by a Doctor?

Yes, you can be charged with a DUI after taking drugs that were prescribed by a doctor. If the drug that was prescribed to you has affected your ability to function normally, then you could be pulled over by the police while driving. Pain medications and certain other prescriptions can affect your ability to function properly, which could result in a DUI charge, especially if the medications are being abused.

How Do You Get a Drug Trafficking Charge Dismissed in Florida?

There are several defense strategies that can be used when attempting to get a drug trafficking charge reduced or dismissed in Florida. The most effective strategy depends on your case’s circumstances. One common defense strategy is proving that you had a medical need for the drugs that you had in your possession. If you have a prescription for these drugs, then your charge may be dismissed.

What Are My Rights After Being Charged With a Drug Crime?

After you have been charged with a drug crime in Bonita Springs, FL, you still have rights. You have the right to remain silent, to hire an attorney to represent you, the right to be told about the charges made against you, the right to a fair trial, and the right to be protected from unlawful searches by police. If you’ve been arrested, it’s smart to contact an attorney as soon as you’re able.

What Happens If I Am Convicted of a Drug Crime in Florida?

If you are convicted of a drug crime in Florida, there are a variety of penalties that could result. Depending on how severe your offense is, you can face jail or prison time, large fines, license suspension or revocation, state-mandated rehab, and more.

The Law Offices of Donald P. Day: Your Bonita Springs Drug Crime Team

If you want to protect your future, consider talking with a drug crime lawyer in Bonita Springs, Florida. At the Law Offices of Donald P. Day, our team is committed to protecting the rights of Florida residents and shares experience handling drug crime cases here in Bonita Springs. Contact the Law Offices of Donald P. Day today for assistance with your case.