Orlando Drug Charge Lawyer
Florida state and federal drug laws impose harsh penalties on persons convicted of drug crimes. Big drug busts make big headlines, and police departments and law enforcement agencies dedicate heavy resources toward making drug arrests and building cases that show they are fighting crime. For the average person, this means you are at risk of being caught up in this net and put under enormous pressure to plead guilty, cooperate with law enforcement, and give up your rights.
In any drug arrest, it’s important to remember that you are innocent until proven guilty, and the burden is on the state to prove all the elements of the crime beyond a reasonable doubt. You likely have defenses available to the charges against you, and you definitely have the right to be represented by a lawyer. A seasoned Orlando drug charge lawyer at the O’Mara Law Group can study your case and advise you of your options. We’ll provide a strong defense and work diligently to get you the best outcome available in your particular situation. Contact the O’Mara Law Group for a free consultation immediately following any arrest for possession, drug trafficking or other Florida drug charges.
Possession With Intent
Florida law prohibits the manufacture, sale or delivery of certain controlled substances. Florida drug laws additionally prohibit possession with intent to manufacture, sell or deliver a controlled substance. Possession with intent can be charged as a first degree misdemeanor or a second or third degree felony, depending on the substance involved. The same offense can even be charged as a first degree felony depending upon the amount of drugs involved, or if the offense occurred near a school, park or child care facility, or in the presence of a minor under age 16. Sentences for conviction can be at least 15 years in prison or more and $200,000 in fines.
Just because you have been found in possession of a controlled substance does not necessarily mean you are guilty of a crime or that police have all the evidence they need to convict you. Your attorney may find one more defenses that work in your favor, such as:
- Unconstitutional search and seizure issues
- They weren’t your drugs
- You did not know you had drugs in your possession
- You had a valid prescription for the substance
It’s therefore important not to give any statements to the police but instead to call a seasoned, professional criminal defense attorney at the O’Mara Law Group so your defense can be prepared from the start for the best outcome possible.
Up to a Year in Jail for Marijuana Possession for Personal Use
Although Florida does have laws related to the purchase and use of marijuana for medicinal purposes, possession or sale of marijuana or cannabis outside the state’s medical marijuana laws is still a crime, ranging from a first degree misdemeanor for possession of under an ounce to a first degree felony drug trafficking charge for possessing over 25 pounds. Penalties for a first degree misdemeanor conviction range up to a year in jail and $1,000 in fines.
Florida Drug Laws Crack Down Hard on Methamphetamine
Possession of methamphetamine is a felony in the third degree, and possessing the chemical precursors necessary to manufacture meth is a second-degree felony. Florida law imposes a minimum five-year sentence on a conviction of possession with intent to manufacture meth, or manufacture in a place where a minor under 16 was present. Possession of as little as 14 grams (half an ounce) of meth can result in drug trafficking charges being brought, with penalties including mandatory prison terms between three and 15 years, along with fines between $50,000 and $250,000.
You May Have Treatment Options as an Alternative to Incarceration
Depending on the facts of the case, you may be a good candidate to have your case heard in Orange County Drug Court, with a possible outcome being treatment and behavioral modification rather than punishment. Choosing diversion over defending your case in court is a great result for many, but it does come with its own risks and consequences, so you should consult with your attorney before making important decisions on how to handle your case.
Help is Available with Drug Charges from a Florida Board-Certified Criminal Law Specialist
After a drug arrest in Orange County, call the O’Mara law Group at 407-634-6604 for a free consultation with an experienced and successful Orlando criminal defense attorney.