Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals
* Statistics Verified by County Clerk of Court Documents
If you have been charged with a drug offense, it can be a frightening and possibly life-altering experience. The charges can carry several criminal punishments, including jail time or steep fines. In addition, the charges can potentially affect your ability to find a job or housing.
Most drug charges are either state felonies or misdemeanors, but the charges also are federal offenses, which often have very harsh penalties. If charged by the U.S. government with certain quantities, a person may face mandatory minimum sentences and millions of dollars in fines.
There may be ways to reduce your drug charges or have them dropped entirely. For example, if the arresting officer conducted an illegal search and seizure of your home or person, the evidence could be found inadmissible. Your Tallahassee drug defense lawyer may be able to fight to have your drug charges dismissed or reduced.
Hiring an experienced drug attorney in Tallahassee is extremely important if you have been charged with a Florida drug offense. The attorneys at Pumphrey Law have knowledge of Florida’s drug laws and have successfully defended various drug charges.
Don Pumphrey and the firm have years of experience representing those facing misdemeanor drug charges, felony drug charges and even federal drug offenses. They are dedicated to defending the rights of clients, and they will fight to get the best possible outcome in your case.
Pumphrey Law represents adults and juveniles facing charges for drug crimes in Tallahassee, Bristol, Monticello, Midway, Quincy and nearby areas. Call (850) 681-7777 or send an online message today to discuss your defense options during an open and free consultation with our legal team.
Florida Drug Crime Information Center
Drug charges in Florida can include a variety of offenses, ranging from simple misdemeanors to serious felonies. Federal felony offenses can carry harsher penalties. Most state drug offenses are listed in the Florida Comprehensive Drug Abuse Prevention and Control Act within the Florida Statutes § 893.13. Accusations could include charges for:
Drugs in Florida are classified into various schedules, from Schedule I to Schedule V. The drugs are divided based on the potential for abuse, medical use and the results of abuse, according to Florida Statutes § 893.03.Schedule I drugs typically have the most serious penalties, whereas Schedule V drugs very rarely carry harsh punishments.
Even if someone is familiar with the Florida laws and regulations, it can be difficult to associate drug slang or brand names with the different categories of banned substances. The following lists a few different names and brands:
Florida Statute § 893.13 describes different criminal penalties for various drug charges. Depending on the charge and the amount of drugs involved, penalties can range from misdemeanors to first-degree felonies.
Punishment can be wide-ranging, however; the mere possession of any controlled substance other than marijuana is a felony in Florida, with a prison sentence of up to five years. Your driver’s license also may also be suspended, and you will have a permanent criminal record.
If you are convicted of a state drug crime, the penalty will depend upon the charge:
Other penalties may include substance abuse treatment, random drug testing, community service requirements, negative effects on employment or military status, probation, parole and a permanent criminal record.
Also, according to Florida Statutes § 322.055, any drug conviction can result in an immediate suspension of your driver’s license for two years, or until the offender has been evaluated and completed drug treatment, if necessary, whether or not the charge was driving related.
Although a judge may reinstate an offender’s license for employment purposes, their license must be suspended for at least six months. If you are caught driving while your license is suspended, you could face additional penalties. A drug lawyer in Tallahassee can help to combat the penalties.
Your Florida Panhandle criminal defense attorney may be able to find a defense to your charge, or other individual constitutional protections that may have been violated in order to have your charge dismissed or reduced. The decisions your attorney will advise you to make will depend on the circumstances in your particular case, prior convictions and other extenuating factors.
Your constitutional rights may have been violated if the officers conducted an unreasonable search and seizure. If a search of your home, car or person was illegally conducted by the police, your attorney may be able to file a motion to suppress.
A motion to suppress can be used if an illegal search resulted in evidence against you. Anything found in an illegal search is inadmissible, and a motion to suppress would preclude the prosecution from using this evidence against you. If the motion to suppress is successful, there may no longer be evidence against you, which could result in a dismissal of the charges.
The Constitution also offers protection against self-incrimination. If information was obtained from you in violation of this right, what you disclosed cannot be used against you by the prosecution. This frequently occurs where an officer fails to read someone his or her Miranda Warnings. If the information was necessary to the prosecution’s case, then your drug charges could be dismissed.
In possession cases, whether the charges are dismissed or reduced can heavily depend on the definition of possession in Florida, and whether possession was actual or constructive. Actual possession means the drug was actually on your body or person. Constructive possession involves knowing of the presence of the drugs, that they were illicit and having control or dominion over the drugs.
Your Tallahassee criminal attorney can file a motion to dismiss on your behalf prior to trial if, for example, there is not enough evidence to bring the drug charges against you.
Suppose an officer searches a car and finds a bag of marijuana on the floor. Both the driver and passenger refuse to answer any questions and deny knowing the controlled substance was in the car, but both are charged with possession of a controlled substance. Because neither were in actual or constructive possession, there is not enough evidence for a charge of possession of a controlled substance. In this situation, your attorney could file a motion to dismiss.
If an officer induced you into a drug crime you would not typically commit, your attorney can utilize an entrapment defense. Entrapment occurs if someone is persuaded to participate in criminal conduct by a law enforcement official or agent they would not have normally engaged in, and they committed the crime as a result of the inducement.
Florida State University Chapter
2868 Mahan Drive, Suite 1
Tallahassee, Florida 32308
If you have been charged with a drug offense in Leon County, contact Pumphrey Law to discuss the facts of your particular situation. There may be defenses to your charge, and finding an experienced criminal defense lawyer in Tallahassee who is familiar with Florida drug laws might be your best option to avoid severe punishment.
The attorneys at Pumphrey Law will aggressively fight for your defense, and may be able to reduce your charges or have them dismissed. Contact us at (850) 681-7777 for a consultation.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
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