DRUG CHARGES

Possession and sale

The harsh drug laws created by the legislature and the enormous prison sentences routinely hand out by judges in drug cases have become astonishing. The idea that in some cases, a hand full of pills can result in drug trafficking charges that carry mandatory prison sentences can be shocking to many people.


Your case must be assessed by an experienced defense attorney to determine if the prosecution has sufficient proof of possession and intent. A thorough evaluation of these types of charges requires a close examination of the stop, search and seizure that resulted in the arrest. If law enforcement illegally obtained the evidence, then they shouldn’t be able to use it against you. A winning motion to suppress could be the difference between your case being dismissed and you receiving a long prison sentence. Contact the Ford Law Office to learn about your defenses a what has been successful in the past.

 

§ 893.13(6), Fla. Stat.

POSSESSION

To prove the crime of Possession of a Controlled Substance, the State must prove the following two elements beyond a reasonable doubt:

1.         You possessed a substance.

2.         The substance was a controlled substance.

When cannabis is the controlled substance, the jury must make a finding as to weight if you are charged with possessing more than 20 grams of cannabis.

3.         The cannabis weighed more than 20 grams.

This charge may be a 3rd degree felony, or in the case of cannabis, a 1st degree misdemeanor if it weights less then 20 grams.

 

§ 893.13(1)(a) and (2)(a), Fla. Stat.

SALE AND DELIVERY

To prove the crime of sale, delivery, purchase, or manufacturing of a controlled substance, the State must prove the following three elements beyond a reasonable doubt:


1.         You either sold, manufactured, delivered, purchased, or possessed with the intent to sell, manufacture, deliver, purchase a controlled substance.

2.         The substance was a controlled substance.

3.         You had knowledge of the presence of the substance.

This crime may be charged as a 2nd degree felony, but can also be a 1st degree felony, depending on the weight of the substance. In the case of cannabis, it may be charged as a 3rd degree felony.

 

Call for a free consultation: 407-514-2772

4767 New Broad St
Orlando, FL 32814

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