Spivack Law, P.A.

Drug Offenses

The maximum punishment for drug offenses in the State of Florida varies based on the particular charge. For example, Possession of Cannabis Under 20 Grams and Possession of Drug Paraphernalia are first degree misdemeanors punishable by up to 1 year in the county jail, while simple possession of even small amounts of drugs such as cocaine and methamphetamine are third degree felonies punishable by up to 5 years in prison. Possession with Intent to Sell, and Sale of certain drugs can be punishable by 15 years or more in prison, and Trafficking in certain drugs (and Trafficking can sometimes be mere possession of larger quantities of certain drugs) can carry penalties of up to life in prison. There can be various aggravating factors to drug charges, such as the use of a firearm that can enhance the possible penalties.

It is vital that drug charges be handled correctly from the very start of the case. The analysis of any drug case must include both the facts of that particular case as well as the law that is applicable. For example, drugs are often found as a result of a stop, a search, or a warrant. In cases such as those, careful analysis of the facts and law may indicate that the police violated the accused’s constitutional rights (under both the U.S. Constitution and the Florida Constitution). Perhaps the officer had no reason to stop the person or automobile that was stopped. Perhaps the police had no legal right to conduct the search they conducted. Perhaps there was a crucial error in the search warrant obtained by law enforcement. In such instances, it may be appropriate to file a Motion to Suppress Evidence seeking a ruling by the court throwing out some or all of the evidence against the accused. Further, it may be appropriate to argue that the prosecutors have overcharged the case, and that a lesser charge may be appropriate. The defense in any given case, of course, will depend on the facts of that case. Hiring an experienced criminal defense attorney at the earliest possible stage after the initial arrest will maximize your chances of obtaining a favorable result in cases such as these. Further, if you know you are being investigated for a drug charge (or for any criminal offense, for that matter), you should immediately retain Spivack Law, P.A. so that we can begin to help you.