Drug Crimes

WARNING:  A CONVICTION FOR ANY DRUG OFFENSE, INCLUDING POSSESSION OF MARIJUANA WILL RESULT IN THE SUSPENSION OF YOUR FLORIDA DRIVER’S LICENSE EVEN IF THE CHARGE DOES NOT INVOLVE DRIVING A MOTOR VEHICLE.

 
DRUG CRIMES/POSSESSION OF PARAPHERNALIA

• Possession of Marijuana
• Possession of Paraphernalia
• Cultivation of Marijuana
• Possession With Intent to Sell
• Possession of Cocaine
• Possession of Controlled Substances
• Prescription Fraud/Doctor Shopping
• Drug Court

POSSESSION OF MARIJUANA

An arrest for possession of marijuana is a serious crime.  Marijuana (also known as cannabis) is one of the most commonly used illicit drugs.  The possession of less than 20 grams of marijuana is a misdemeanor under Florida law and can carry a sentence of up to 12 months in jail.  Regardless of whether or not you are convicted of this misdemeanor offense, the consequences of receiving a marijuana charge can have repercussions long after you have completed any sanctions ordered by the Court.  The criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. understand the consequences of a criminal charge and do all they can to protect their clients.

MISDEMEANOR OFFENSES FOR POSSESSION OF MARIJUANA UNDER FLORIDA LAW:

Possession of Marijuana/Cannabis Less Than 20 Grams is a first degree misdemeanor, which is punishable by up to a $1,000.00 fine and up to 12 months in the county jail.  If you are convicted/adjudicated guilty of this offense, your Florida driver’s license will automatically and immediately be suspended for a period of two (2) years.

Delivery of Marijuana/Cannabis Less Than 20 Grams (without monetary exchange) is a first degree misdemeanor, which is punishable by up to a $1,000.00 fine and up to 12 months in the county jail.  If you are convicted/adjudicated guilty of this offense, your Florida driver’s license will automatically and immediately be suspended for a period of two (2) years.

FELONY OFFENSES FOR POSSESSION OF MARIJUANA UNDER FLORIDA LAW:

Possession of Marijuana/Cannabis More Than 20 Grams is a third degree felony, which is punishable by up to a $5,000.00 fine and up to five (5) years in prison.  If you are convicted/adjudicated guilty of this offense your Florida Driver’s license will also be automatically and immediately suspended for a period of two (2) years.

While the punishment and sanctions for Possession of Marijuana can be severe, there are many legal and factual defenses to these cases.  Our attorneys can assist you in preparing defenses in your case.  There are motions that can be filed on your behalf, which can include illegal search and seizure issues as well as insufficient evidence defenses.

There are two primary defenses raised in a Possession of Marijuana case:

1. Illegal Search and Seizure; or
2. Insufficient Evidence.

ILLEGAL SEARCH AND SEIZURE:

Law enforcement may exceed the scope of their authority and may require defendants to submit to a search of their vehicle, home, or body.  They may also coerce a person into agreeing to said search.  If it can be proved that either of the above occurred during your arrest, there is a possibility that the Court will suppress the evidence that resulted from an illegal search and seizure.  There are many other defenses that can be raised in possession cases.  Contact our criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. to discuss your case in detail to determine if these defenses are available to you.

INSUFFICIENT EVIDENCE:

The State can prove a Possession of Marijuana case in one of two ways:

1. Actual Possession; or
2. Constructive Possession.

Actual Possession:
To prove actual possession, the State must show that the marijuana in question was found on your person. 

Constructive Possession:
To prove constructive possession is much more difficult.  If the marijuana in question was found in a place where one or more persons had access, the State has to prove you actually possessed the marijuana.

The law of constructive possession requires that the State prove certain specific elements before a person can be convicted:

• Knowledge of the marijuana’s presence;
• Knowledge that the substance was marijuana; and
• Dominion and control over the marijuana.

Contact the criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. to discuss the legal defenses available to you in your specific case.  Our team of criminal defense lawyers can assist you in developing your case for the best possible outcome.

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CULTIVATION OF MARIJUANA

Under Section 893.13(1)(a), Florida Statutes, Cultivation of Marijuana is a third degree felony, which is punishable by up to five (5) years in prison. 

Law enforcement is becoming increasingly creative in locating marijuana cultivation within the state of Florida.  This includes use of confidential informants and surveillance until enough information has been gathered to make an arrest or obtain a search warrant.  Law enforcement can gather electric bills to look for abnormal patterns of use or question neighbors or use surveillance to discover evidence of marijuana cultivation.

In the state of Florida you can be charged with two types of cultivation:

• Cultivation with the intent of personal use – this is generally a misdemeanor offense that is punishable by up to 12 months in county jail.  This charge is a misdemeanor because the cultivation was meant for personal use and not for sale to others. 
• Cultivation with intent to distribute – this is a felony offense that is punishable by a minimum of 1 year in prison. 

The criminal defense attorneys of Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A., are dedicated to fighting marijuana/cannabis cultivation cases.  If you have been charged under Florida law with the criminal offense of Cultivation of Marijuana/Cannabis, contact the lawyers at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A.  to schedule your free consultation.  Our criminal defense attorneys are trained to evaluate your individual situation, including your legal and constitutional rights.  Our attorneys will help you determine what defenses are available to provide you with the best solution possible in your situation.

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POSSESSION WITH INTENT TO SELL

Possession with intent refers to the criminal charge of possession of an illegal substance with the intent of selling the drug and/or controlled substance.  Controlled substances include, but are not limited to, marijuana/cannabis, cocaine, heroin, methamphetamines, and unauthorized prescription medications. 

Penalties for Possession With Intent to Sell are severe.  For example, Possession of Cocaine With Intent to Sell is a second degree felony in Florida and is punishable by up to fifteen (15) years in prison.  Possession of Marijuana/Cannabis With Intent to Sell is a third degree felony in Florida and is punishable by up to five (5) years in prison.  Because any possession with intent to sell charge is a serious felony offense, it is important to hire a skilled attorney to help defend your case.  The criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. understand the consequences of a criminal charge and do all they can to protect their clients.

When law enforcement suspects that a person has committed the crime of Possession With Intent to Sell/Manufacture/Deliver, they are not required to prove that the person actually sold drugs.  Instead, they are required to prove that the person “intended” to sell the drugs that they had in their possession.  Some of the factors that law enforcement will examine to determine what charge is appropriate are:

• The amount of drugs in a person’s possession;
• The amount of cash in a person’s possession;
• How the drugs are packaged
• Where the offense took place (are drug transactions prevalent in that area)

It is important to recognize that law enforcement may allege that possession of even small amounts of drugs were with the intent to sell or deliver said drugs.  Also, if any of the factors mentioned above are not present, there may be circumstantial evidence that the possession was with the intent to sell or deliver.  A conviction for Possession With Intent to Sell can have serious consequences when qualifying for student loans/financial aid, obtaining employment, and obtaining housing.

If you are under suspicion, being questioned, or have been charged with Possession With Intent to Sell, it is important to speak with an experienced attorney immediately to discuss your legal defenses. Contact the criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A.  to schedule your free consultation to discuss your individual situation,  including your legal and constitutional rights.  Our lawyers would be happy to help you determine what defenses are available to provide you with the best possible solution in your situation.

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POSSESSION OF COCAINE

Being arrested for Possession of Cocaine can be a life-changing event.  If you are facing investigation or have been charged with Possession of Cocaine, it is in your best interest to obtain an experienced and aggressive criminal defense attorney.  The attorneys at Brooks, LeBoeuf Bennett, Foster & Gwartney, P.A. have successfully defended numerous defendants facing a wide variety of drug charges.

Cocaine is classified as a Schedule II narcotic.  It is a very serious drug that has a high risk of addiction and abuse.  Law enforcement is waging a war on drugs.  This means that the prosecution is willing to take all steps necessary to show they are tough on drug crimes.  Our defense attorneys can assist you in negotiating the best outcome in your case and minimize the negative effects of your specific circumstance.

There are many factors that can affect the severity of your charges in a Possession of Cocaine case.  A few of the factors are:

• How much cocaine is alleged to have been in your possession;
• Was the amount enough to add intent to distribute to the charges;
• Was a minor (under 18 years of age) involved in any way;
• Was any person injured or killed in an accident involving the defendant and the cocaine;
• The extent of the defendant’s criminal history/criminal activity, particularly involving drugs.

These are just a few of the factors that will affect your case. 

In most cases, it takes a search by law enforcement to produce a charge of Possession of Cocaine.  The main issue then becomes whether the initial stop and search were lawful.  It is important to know if the stop was of your person or your vehicle.  If the initial stop or search was illegal due to lack of reasonable suspicion or probable cause, all evidence obtained from that search may be inadmissible in court.  Our experienced criminal defense attorneys can evaluate the facts of your particular case as well as the lawfulness of any stop or search by law enforcement.  If the stop or the search warrant were not done properly, we can file a motion to exclude the evidence that was obtained as a result of this illegal stop or search.  This type of motion is critical because if the evidence is suppressed/excluded, the State will usually be unable to move forward with your case.

Another defense in a Possession of Cocaine charge involves evidence regarding the defendant’s knowledge of the illegal substance in question.  In some cases there is insufficient evidence to establish that a person knew about the illegal substance or had access to the substance.  Weak evidence can make it tough for the State to proceed against you in court.

In order for the State to prove that the substance in your possession is cocaine, it must be lab tested.  Law enforcement’s field testing of the substance is not enough to prove beyond a reasonable doubt that the substance is cocaine.  Therefore, the State usually sends the substance to the Florida Department of Law Enforcement for further analysis.  Our criminal defense attorneys can assist you in reviewing the analysis reports to determine the results and prepare the best defense in your case.

There are two different types of possession; Actual Possession and Constructive Possession.  If you have been charged with Possession of Cocaine, the law does not take into account whether or not the illegal substance is “owned” by you or another person.  Florida law is simply interested in whether or not you “actually” or “constructively” possessed the illegal substance.

Actual Possession refers to a situation where an individual has an illegal substance, such as cocaine, on their person.  For example, if a person had a bag in their pocket that contained cocaine, they would be in actual possession of the cocaine.

Constructive Possession refers to a situation where an individual has knowledge of the illegal substance and the ability to access the substance. 

In many cases it may be necessary to resolve your case through plea negotiations.  The experienced attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A. will assist you in determining whether extensive discovery or depositions are needed in your particular case or if you would benefit more from negotiations that will produce a more favorable outcome in your case.

If you are under suspicion or have been charged with Possession of Cocaine, you should talk to our experienced attorneys immediately to discuss your legal defenses.  Contact an experienced criminal defense attorney at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A.  today to schedule your free consultation.  Our attorneys are happy to help you determine what solutions are available to provide you with the best defense possible in your case.

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FELONY DRUG COURT PROGRAM

The Felony Drug Court Intervention Program may be a good option for individuals who want to turn their lives around and break the cycle of drug abuse.  The Drug Court Program is a diversionary program offered by the Second Judicial Circuit that will, upon successful completion, result in a dismissal of charges.  The experienced criminal defense attorneys at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A.  can help you determine all of your legal options before entering the Felony Drug Court Program.  It is important to discuss all of your options to determine the best resolution available to you in your specific case.

Pursuant to Administrative Order 97-12 an individual is eligible to participate in the Felony Drug Court Intervention Program if they are charged with a second or third degree purchase or possession offense under Chapter 893, Florida Statutes if the individual has no pending felony cases and are not currently under supervision of the Department of Corrections.  To be eligible to participate in this program, an individual is required to reside in Leon County, Florida. 

The Felony Drug Court Program is completely voluntary and a participant is required to follow all rules and regulations of any portion of the program, including rules set by outside counseling service providers.  Participation in the program will be for a minimum of twelve (12) months and a maximum of eighteen (18) months, unless otherwise ordered by the Court.  A participant is required to pay costs of $50.00 per month while participating in this program.

During the Felony Drug Court Program, an individual is required to remain completely drug and alcohol free for a consecutive twelve (12) months.  Breath, blood, and urinalysis testing will be used on a regular basis to ensure that participants are drug free.  If an individual fails to remain drug free during their participation in the Felony Drug Court Program, they may be terminated from the program and their charges may be reinstated for prosecution.  However, the submitted breath, blood, and urine samples will not be used against the individual as part of their current pending charges.  The test results are only used to verify whether the participant remains drug and alcohol free during their participation in the program.  Another requirement is that the participant remain arrest free during the Felony Drug Court Program. 

While participating in this program, individuals are required to appear before the Drug Court Division Judge on a monthly basis or as ordered by the Court.  Individuals are required to speak freely about their treatment and drug usage during any court hearings.  Our attorneys will assist you in enrollment and all stages of the Drug Court process.

While enrolled in the Felony Drug Court Program, the State will agree to defer prosecution of the case that placed you in the program if you remain an active participant and abide by all conditions of the program.  If the Court determines that an individual has successfully completed the Drug Court Program, the State will dismiss the pending criminal charges against you and there will be no further prosecution of your case.

If you have been charged with a drug related offense, contact the lawyers at Brooks, LeBoeuf, Bennett, Foster & Gwartney, P.A.  to schedule your free consultation.  Our criminal defense attorneys are trained to evaluate each individual situation to determine the best possible solution in a case.  Our attorneys will help you determine whether or not the Felony Drug Court Program is available to you and whether that is the best way to proceed with defending your case.

You have TOO MUCH AT STAKE not to protect your legal rights.

 CONTACT US TODAY to schedule your FREE consultation.

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