Fort Myers, Drug Defense Attorneys, Fighting For You
Florida’s drug laws are severe, and the state’s coastal location makes it highly susceptible to drug traffic. Florida law sets the maximum sentences in drug possession cases, and all drug crime charges are treated seriously by prosecutors in Florida. This means that if you’re caught with drugs, you could go to jail, have to pay hefty fines, and more.
If you are facing drug charges, contact Patrick McLain Law in Fort Myers as soon as possible. Our criminal defense attorneys will use their experience and their in-depth legal knowledge to help you fight or otherwise resolve your legal matter. Our firm offers each client the personalized attention and customized representation they deserve.
Common Drug Offenses In Florida
The type of drug crime you’re faced with matters because the penalties you face can vary depending on the type of crime committed. The penalties can be classified as misdemeanors or felonies and are subject to varying degrees of severity. The most common drug crimes in Fort Myers involve:
- Delivering a controlled substance
- Falsely obtaining a controlled substance
- Falsely prescribing a controlled substance
- Manufacturing a controlled substance
- Possessing a controlled substance
- Possessing a controlled substance to sell, manufacture, or distribute
- Selling a controlled substance
- Trafficking a controlled substance
Some drug-related offenses are categorized differently based on where the crime was committed. You can face harsher penalties for committing a drug crime near a school or childcare facility.
There Are Two Types Of Drug Possession
According to Florida drug possession statutes, possession of a controlled substance such as cocaine, heroin or methamphetamine is a third-degree felony. Drug possession can carry financial penalties and up to five years in prison. The two categories of possession are explained below.
Actual Possession
Florida law recognizes actual and constructive drug possession. Actual possession is when police find drugs on your person. In this case, whether you own the drugs is irrelevant.
Some actual possession attorneys have successfully defended their clients in court by questioning the stop and search procedures that resulted in the possession arrest and charge. According to Florida Stat. §901.151, drug law enforcement officers must have a reasonable suspicion that you have committed, or are about to commit, a crime to legally stop you.
If the officer lacked reasonable suspicion to stop you or probable cause to search you, then the charges against you could be dismissed. Your drug crimes attorney at Patrick McLain Law can review the details of your arrest to determine if there was misconduct involved.
Constructive Possession
If you are charged with possession of drugs, but they were not on your person and were found in another location, the prosecution is tasked with proving constructive possession. This means that you were likely aware of the drugs and could access or control them. You may be charged with constructive possession if the prosecution can establish that:
- You had control over the drugs
- You knew the location of the drugs
- You knew that the drugs were illegal
Finding drugs near you isn’t enough to demonstrate constructive possession, even when they are in plain view. Skilled drug crime lawyers can challenge a constructive possession charge by questioning the stop and search procedures.
Attorneys also challenge constructive possession charges when the evidence is insufficient. The prosecution must establish all the elements of constructive possession beyond a reasonable doubt.
Drug Trafficking Charges
Drug trafficking is the sale, possession with intent to sell, manufacture, purchase, or importation of controlled substances above a specified amount. Florida drug trafficking sentences are very serious and have mandatory minimum sentences.
In Florida, possession of 25 or more marijuana plants is considered a second-degree felony punishable by up to 15 years in jail and a $10,000 fine. Trafficking cocaine in any amount between 200 to 400 grams comes with a minimum sentence of 7 years in prison and a $100,000 fine. These hefty penalties and fines make it imperative to contact an attorney if you are charged.
Consult A Florida Drug Crimes Defense Lawyer For Free
If you are facing a charge of drug possession or drug trafficking, you likely already know that the consequences of a conviction are serious. Our attorneys at Patrick McLain Law will fight to get your drug charges dismissed or for your sentence to be reduced. They are committed to providing you with aggressive, persistent and zealous representation.
To request a free consultation about your rights and legal options, call our Fort Myers office at 239-737-3735 or contact us online. We serve Lee County and surrounding areas of Florida.