Fort Myers Drug Lawyer
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’re charged with drug crimes, contact Patrick McLain Law as soon as possible. You will get the legal help and expertise of a criminal defense attorney who will use their knowledge of Fort Myers, FL law to guide your case. Read on for more information about Fort Myers, Florida drug crimes and how our attorney can help.
Types of Drug Crimes
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. If you are facing drug crime charges and a possible conviction, contact the defense attorneys at Patrick McLain Law as soon as possible.
Fort Myers 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. If you are currently facing possession charges, adept attorneys can help explain the type of possession that you’re charged with.
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. A Fort Myers drug possession attorney can help muster the defense necessary to protect you from drug charges.
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 must 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 charged with proving constructive possession. This means that you were 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 crimes 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. If all of those elements aren’t present, your Fort Myers drug lawyer can fight for justice on your behalf.
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.
Florida Drug Crimes Lawyer
If you are facing a charge of drug possession or drug trafficking, then you are facing serious ramifications. The repercussions of being convicted of a drug crime in Fort Myers are devastating. That’s why it can be of utmost importance to work with a qualified Florida drug attorney.
Drug crime prosecutors are focused on getting a conviction whenever your charges are brought forth in court. This is why hiring a Fort Myers drug crime defense attorney with a successful track record of winning cases for their clients is very important.
By hiring a drug crimes lawyer in the Fort Myers area, you choose someone who can advise you on laws that specifically pertain to your case and outline what rights you have in Florida.
At Patrick Mclain Law, we’ll fight to get your drug charges dismissed or for your sentence to be reduced. Our Florida drug lawyers understand the stress involved when facing a drug charge. That’s why we are committed to providing you with aggressive, persistent, and zealous representation.