DRUG OFFENSES IN FLORIDA
Jordan Law has handled hundreds of drug cases from the lowest misdemeanor pot possessions all the way up to serious trafficking cases. We understand the Federal and Florida laws that regulate drug charges.
Drug cases require a knowledgeable and experienced attorney fluent in the current statutes and case law. Our attorneys keep up-to-date on the latest news and changes to the laws regulating controlled substances.
If you have been accused or charged with a crime involving drugs then you need Jordan Law. Email or call us today at (407)906-JLAW (5529) to discuss your case today.
WAYS TO FIGHT DRUG OFFENSES
Fight the Possession Element
If there are multiple people in the vehicle where drugs were found, we can work to prove that someone else possessed the drugs (or at least that you did not.) It’s simple, if you didn’t possess the drugs, you cannot be found guilty of possession.
A Motion to Suppress
Most of the time the officer had to stop you and/or search you, depending upon why they did that there could be a motion to suppress. This means that, if the police did something improper during the search, the evidence may not be admissible.
Intent to Sell/Trafficking Cases
Sometimes it’s possible to argue that you weren’t going to sell the drugs. Often times these cases are ripe for an entrapment defense. The police or their informant made you do it. These cases can be incredibly difficult to prove and require an experienced defense attorney.
POTENTIAL SENTENCES
The severity of your sentence depends on several factors. The judge is supposed to follow the sentencing guidelines based on the type and the amount of a substance you were caught with. Here is a breakdown of those guidelines and what you might be faced with if charged.
| CONTROLLED SUBSTANCE | POSSIBLE SENTENCE |
|---|---|
| Cannabis/Marijuana less than 20grams | Fine/Probation -365 days in jail |
| Cannabis/Marijuana more than 20 grams | Fine/Probation – 5 years in prison |
| Cannabis/Marijuana 25 – 2000lbs | 3 years in prison + $25,000 fine – 30 years in prison |
| Cannabis/Marijuana 2K – 10K lbs | 7 years in prison + $50,000 fine – 30 years in prison |
| Cannabis/Marijuana 10K lbs up | 15 years in prison + $200,000 fine – 30 years in prison |
| Cocaine less than 28 grams | Fine/Probation – 5 years in prison |
| Cocaine 28 – 199.99 grams | 3 years in prison + $50,000 fine – 30 years in prison |
| Cocaine 200 – 399.99 grams | 7 years in prison + $100,000 fine – 30 years in prison |
| Cocaine 400gms – 149.99 kgms | 15 years in prison + $250,000 fine – 30 years in prison |
| Cocaine 150 kgms or more | Life, no parole (exceptions) |
| Heroin less than 4 grams | Fine/Probation – 5 years in prison |
| Heroin 14-28 grams | 15 years in prison + $100,000 fine – 30 years in prison |
| Heroin 28 grams to 30 kilograms | 25 years in prison + $500,000 fine – 30 years in prison |
| Heroin over 30 kilograms | Life in Prison |
| Oxycodone less than 7 grams | Fine/Probation – 5 years in prison |
| Oxycodone 7 – 14 grams | 3 years in prison + $50,000 fine – 30 years in prison |
| Oxycodone 14-25 grams | 7 years in prison + $100,000 fine – 30 years in prison |
| Oxycodone 25 grams to 100 grams | 15 years in prison + $500,000 fine – 30 years in prison |
| Oxycodone 100 grams to 30 kilograms | 25 years in prison + $750,000 fine – 30 years in prison |
| MDMA/Ecstasy less than 10 grams | Fine/Probation – 5 years in prison |
| MDMA/Ecstasy 10 – 199.99 gms | 3 years in prison + $50,000 fine – 30 years in prison |
| MDMA/Ecstasy 200 – 399.99 gms | 7 years in prison + $100,000 fine – 30 years in prison |
| MDMA/Ecstasy 400gms – 29.99kgms | 15 years in prison + $250,000 fine – 30 years in prison |
| LSD less than 1 gram | Fine/Probation – 5 years in prison |
| LSD 1 – 4.99 gms | 3 years in prison + $50,000 fine – 30 years in prison |
| LSD 5 – 6.99 gms | 7 years in prison + $100,000 fine – 30 years in prison |
| LSD 7 gms or more | 15 years in prison + $500,000 fine – 30 years in prison |
| Hydrocodone less than 14 grams | Fine/Probation – 5 years in prison |
| Hydrocodone 14 – 28 grams | 3 years in prison + $50,000 fine – 30 years in prison |
| Hydrocodone 28 – 49 grams | 7 years in prison + $100,000 fine – 30 years in prison |
| Hydrocodone 49 to 200 grams | 15 years in prison + $500,000 fine – 30 years in prison |
| Hydrocodone 200 grams to 30 kilograms | 25 years in prison + $750,000 fine – 30 years in prison |
THINGS TO KNOW ABOUT DRUG CASES IN FLORIDA
Confidential Informants
Often times the State will let someone else get lower charges if they set other people up with drugs. In these cases, there are motions to file to get the info on the informants as well as the potential to use an entrapment defense (basically we argue they made you take the drugs/buy the drugs/sell the drugs, etc.)
Type of Drug
For Marijuana the state can just have the officer testify it was pot based upon their training and experience. For all other drugs, they have to have an expert test the drugs and confirm what you had was a regulated substance (like heroin, methamphetamines, or cocaine.)
The State has to Prove Possession
This can be actual or constructive
Actual Possession – on or about your persons – it is in your pockets, in your hand, on your lap, etc
Constructive Possession – not on you, but the state has to link it to you – perhaps there were drugs in the car you were driving and no one else was in the vehicle.
CRIMINAL LAW PRACTICE AREAS
Bond Hearings
Pre-Trial Diversion
Drug Offenses
Driving Under the Influence
Juvenile Offenses
Violations of Probation
Theft
Domestic Violence
Traffic Violations
OUR LAWYERS FIGHT FOR YOUR RIGHTS
