Any drug charge is a serious matter in the state of Florida. If you are convicted of a drug possession charge, you will be subject to criminal penalties, your driver's license may be suspended for up to two years and you will have a criminal record that could impair your future employment opportunities.
Fortunately, there are many ways that a defense attorney can protect your rights. If you are facing drug possession charges, contact the Law Offices of Mark L. Horwitz in Orlando, Florida. We provide a vigorous defense to all state and federal drug possession charges, including:
- Marijuana possession
- Cocaine possession
- Meth possession
- Heroin possession
- Possession of all narcotics, controlled substances and other illegal drugs
- Prescription medication doctor shopping
- Illegal possession of prescription drugs, including Oxycodone (OxyContin), hydrocodone (Vicodin), Percocet, Xanax (Alprazolam), Codeine, Ritalin and Adderall.
- Large quantity state charges
- Large quantity federal charges
Our law firm also addresses the many legal issues associated with synthetic drugs. Substances such as K2, spice and bath salts are part of a new and fast-changing segment of drug law; if you have been accused of possessing any of these designer drugs, it is important that you contact a skilled criminal defense attorney.
Protect Your Rights
People charged with a drug possession offense in Florida often do not realize that they have options. Do not plead guilty to a drug possession charge of any kind before speaking with a criminal defense attorney. There are many ways that an experienced criminal defense attorney can make a difference in your case.
If retained as your defense counsel, we will use our knowledge of pre-trial diversion programs, drug court or other creative measures that may allow you to avoid a criminal conviction or significantly minimize the penalties that may result from a drug possession charge.
If you have been charged with possession of cocaine with intent to sell or deliver or trafficking in cocaine, you are urged to act promptly to protect your good name and prevent the burden of a criminal record. Cocaine charges are serious felonies in state or federal court, depending on the amount of cocaine involved and the other facts of the case. A successful defense may rest on one or more of these issues:
- Police engaged in illegal search and seizure to obtain evidence against you.
- You were wrongly accused.
- The quantity of cocaine is incorrect.
- The substance that police claimed was cocaine was, in fact, something else – and laboratory tests can prove it.
- You were entrapped.
- You are the victim of a false accusation.
For best results in your cocaine case, talk to an Orlando cocaine, possession, distribution or trafficking lawyer as soon as possible. Early advocacy is important. If your attorney is on board while your case is still under investigation, you lawyer may succeed in preventing charges from being filed.
Florida's marijuana laws, statute 893.13, and following, spell out penalties for specific offenses as follows:
- Possession: Under 20 grams: 1st degree misdemeanor; over 20 grams: 3rd degree felony
- Possession with intent to sell: 3rd degree felony, unless less than 20 grams for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084; Subsequent offense: 10 years.
- Delivery: Under 20 grams for no consideration (i.e. money or trade)
- Trafficking: 1st degree felony; 25-2000 pounds 25-2000 pounds: mandatory $25,000 and 3 years; 2000-10,000 pounds: mandatory $50,000 and 7 years; Over 10,000 pounds: 15 years and mandatory $200,000
- Paraphernalia: possession of equipment, product or material intended for use in relation to drugs
Did police use proper procedures in gathering evidence? Or did they engage in illegal search and seizure?
- Can police account for the marijuana seized from the time they took possession of it until they presented it to the prosecution and prove that the sample was not tampered with?
- Can they prove that the amount named in your charges is in fact the amount that they seized at the time of your arrest?
- Did they improperly force forfeiture of your property (car or money, for example) in connection with the arrest?
- Can they prove that paraphernalia or grow house supplies listed in your criminal charges were, in fact, intended for use in illegal activities involving marijuana?
Methamphetamine or meth is a highly controlled substance and a popular "street drug." It is also considered a dangerous, highly addictive drug. Perhaps for this reason, it doesn't take much meth to result in long terms of incarceration.
The manufacture, distribution and possession of meth draw a lot of attention from law enforcement agencies. Carefully orchestrated drug "busts" and "sweeps" are fairly common. Other criminal charges that are often brought against alleged offenders along with meth possession, manufacture or distribution charges include the following:
A relatively small amount of meth can cause a convicted offender to serve a long prison sentence. A vigorous defense is essential if you want to protect your freedom and your future to the best of your ability.
Oxycodone crimes are common in Florida. In fact, a recent news report found that more than 80 percent of all Oxycodone prescriptions in America are filled in the state of Florida.
Given the significance of the Oxycodone problem in Florida, law enforcement officers aggressively investigate such offenses and prosecutors take such charges very seriously. In addition, Florida has some of the toughest Oxycodone laws in the nation. Possession of any mixture containing just four grams of Oxycodone is enough to sustain a conviction for drug trafficking. Even though prescription pain medication is not pure Oxycodone, the entire amount of each pill is weighed in determining the amount of Oxycodone for prosecution purposes.
OxyContin And Roxicodone
Oxycodone is the active ingredient in several prescription pain medications, including OxyContin and Roxicodone. It is an addictive pain killer. Many people who have become addicted to Oxycodone started using the drug after an accident or injury and under the supervision of a doctor.
As individuals become addicted to pain killers, however, they may feel the need to doctor shop, forge prescriptions or find other ways to get their hands on large amounts of pills. Such actions can result in criminal charges and the possibility of significant criminal penalties.
With the significant demand for Oxycodone, it now sells for a high price on the streets. As a result, many people now sell Oxycodone to obtain enough money to support their own Oxycodone use or to make a profit.
Prescription Drug Charges
Prescription drugs are legal only if they are obtained through the proper channels and are used by or for the person they were prescribed for. Other ways of obtaining and using prescription drugs are as illegal as is use of "street drugs" such as cocaine or heroin. Were you charged with a drug crime because of allegations such as the following?
- You engaged in "doctor shopping" in order to obtain overlapping prescriptions of narcotic painkillers.
- You obtained prescription pharmaceuticals by use of a fake prescription.
- In your position as a pharmacist, pharmacist's assistant, doctor, nurse or other healthcare provider, you had access to prescription narcotics — and pilfered some of them for your own use.
- You "shared" your prescribed narcotic painkillers with another person.
Whatever the circumstances, your criminal charges involving possession of illegal pharmaceutical drugs are as serious as charges of possession of marijuana or methamphetamines. You are urged to contact an Orlando possession of illegal pharmaceutical drugs lawyer as soon as possible. Plan an aggressive defense to seek the most favorable outcome in your case.
Contact Our Drug Crimes Defense Law Firm
Our attorneys will use aggressive and effective defense strategies to minimize the negative of the charges you face. For thorough criminal defense representation, contact the Law Offices of Mark L. Horwitz online or call us at (407) 401-7224.