Delray Beach Drug Offense Lawyer
If you or a loved one are facing charges for a drug offense, you are probably feeling a number of different emotions. You may be scared, frustrated, or angry. You may be worried about the legal consequences of the drug charges, as well as all of the other kinds of consequences that come with a drug charge. If you are a family member, you may be worried about any potential underlying addiction issues, and, if this is not the first drug charge, angry and frustrated that the behavior is continuing.
All of these emotions are understandable, but they can also be dangerous. Emotionally-driven people tend to make rash decisions. When facing charges for a drug offense, you need someone in your corner who can step back from the emotions and encourage you to think in a calm, rational manner. At Demand the Limits, our team of experienced Delray Beach criminal defense attorneys can provide you with that calm anchor in the storm. Of course we know the law, but, equally important, we have helped people in your situation navigate some of the most difficult times in their lives. We know that you are more than the charges against you, and we will do our best to help you reach a successful outcome in our criminal case.
What You Should Know
Why is it so important to have a great defense attorney in your corner if you are facing charges for a drug offense? Florida carries very stiff penalties for drug offenses, whether the crime is simple possession or selling, trafficking, or manufacturing. It is not only hard drugs like meth, heroin, and cocaine that can carry stiff penalties; prescription drugs and marijuana can also lead to long jail sentences.
In addition, it is important to keep in mind that many drug crimes subject you to the possibility of dual prosecution because they are both state and federal offenses. Even if you successfully avoid prosecution or conviction at a state level, you could be facing federal offenses. This is particularly true if you are charged with a higher-level crime.
One important thing to realize about Florida drug crimes is that, even though medical marijuana is legal in Florida, recreational marijuana is not. A 2017 amendment to an existing medical marijuana bill expanded the number types of diseases that can qualify for medical marijuana, but it is not sufficient to have the disease in order to possess marijuana. In addition, medical marijuana cannot be smoked; it can be sold as edibles, vaping, oils, sprays, or tinctures.
Drug possession is the most basic drug offense. It is the possession of a drug by someone who did not manufacture, distribute, or sell the drug. Drug possession is often based on the amount of drug that was in possession and is based on the theory that the drug is held for personal use. Drug possession can be a felony or a misdemeanor charge, depending on the type of drug possessed and the amount of drug possessed.
Possession with intent to sell includes all of the elements of possession, but adds that the defendant intends to sell or distribute the drugs. The severity of the charges depends on the type of drug possessed as well as the quantity of the drugs.
Drug manufacturing, delivering, trafficking and distribution are considered more serious crimes and generally carry more severe criminal legal consequences. This can make it very important to know the exact charges against you. It can also make it possible for a good attorney to bargain down charges, even when there is significant evidence against you.
There are also charges related to illegal possession of prescription substances, which are also known as controlled substances. You could be charged with falsely obtaining a controlled substance or falsely prescribing a controlled substance. These charges can be devastating for an individual, but for a medical professional charged with falsely prescribing a controlled substance, they can have career-ending consequences, as well.
How does a drug offense defense attorney zealously defend you against those charges? The answer comes in knowing the law and knowing the local area. Because Miami-Dade, Broward, and Palm Beach counties are coastal counties that deal with a significant amount of drug trafficking, south Florida judges and juries are not generally inclined to be lenient on drug offenders. However, because they do see a pretty significant amount of drug crimes, they also want to be as efficient as possible. This can provide plenty of opportunities for a good defense attorney to enter into plea negotiations. In addition, a good attorney can use constantly evolving moral positions about drug use to your favor, making sure that the state has to prove every element of the crime charged in order to convict.
How can attorneys challenge drug charges? Many times the challenge starts with looking at the legality of the arrest, traffic stop, or other event that brought you into contact with the police. What many people do not realize is that the Fourth Amendment’s protections against illegal search and seizure not only protect you from having evidence introduced that was found in a direct violation search, but also any evidence that would not have been found but for the initial legal search. It is a fairly complicated area of law, but a great defense attorney knows to examine the facts of your arrest from the very beginning, and to challenge any evidence that was seized as a result of any illegal actions. In many instances, once if evidence is found to be inadmissible, the prosecution no longer has enough evidence to secure a conviction.
In addition, there are a number of real-life defenses to drug charges. Changing attitudes about marijuana usage have led many in law enforcement and prosecution to shift their focus away from prosecuting misdemeanor marijuana possession charges. Moreover, a growing awareness of the opioid epidemic has led to a recognition that many users are struggling with addiction issues, opening up the possibility for diversion into treatment programs. At the same time, changing views on prosecution in some areas means that the state has additional resources to prosecute in other areas.
Contact Our Delray Beach Drug Offense Lawyers
The experienced drug offense criminal defense attorneys at the Delray Beach law firm of Demand the Limits know that facing criminal charges of any kind is stressful. Drug offenses, which can not only result in serious criminal penalties, but also have a lifelong impact on other areas of your life, can be especially nerve-wracking. To find out more about how Demand the Limits can help you, please contact us today. We offer a free, no-obligation consultation with one of our experienced criminal attorneys, where you can ask questions and get more information, so that you can make informed decisions. No criminal defense attorney can ever guarantee you an acquittal or that they will have charges dropped or reduced; those are simply impossible things to guarantee. However, we can promise you that we will use all of our years of experience and knowledge of federal and state laws, as well as local prosecution, conviction, and sentencing trends, to help get the best possible outcome. There is life after drug charges; let Demand the Limits help you open that door to a new life.