DRUG POSSESSION AND DRUG TRAFFICKING
In the state of Florida, the most common drug offenses include possession of cannabis, possession of cocaine, possession of heroin, possession of oxycodone, and possession of any other controlled substances.
A conviction for any of these crimes includes a mandatory 1 year driver’s license suspension and either a lengthy probation sentence or jail sentence, depending on the amount of drugs recovered and an individual’s prior criminal record. Further, possession of an increased amount of drugs might cause the State to charge an individual with possession with intent to sell or trafficking charges. Other penalties include mandatory random drug testing and being forced to complete community service hours.
At the Law Office of Bhavik Patel, we work meticulously to get your drug case dismissed or reduced to a withhold of adjudication and a fine. But we also understand that when the State has a stronger case against one of our client’s, getting a client into Pre-Trial Diversion or Drug Court might be a better option. Lastly, as a former prosecutor, Mr. Patel has handled hundreds of drug cases and understands that law enforcement have to follow very specific laws when it comes to conducting drug investigations.
If the police lacked probable cause to stop your vehicle, search your persons, or search your residence, the Law Office of Bhavik Patel will make sure that a motion to suppress is filed and providing the client with a chance to have the State’s key evidence thrown out in any possible trial. Further, the state must prove either actual or constructive possession of the drugs. If the drugs are found on your person, then the State has a much easier time proving that you knew you possessed the drugs. However, if the drugs are not actually found on an individual’s person, but just in the surrounding area, the State would have a much harder time proving their case and must present additional evidence showing that you actually knew the drugs were there and that they could not have belonged to another individual.
If you have been arrested for trafficking in cocaine, heroin, oxycodone, or any other controlled substance, it is imperative that you contact a criminal defense attorney immediately. In the state of Florida, trafficking charges carry harsh minimum mandatory prison sentences of either 3, 7, 15, or 25 years, depending on the quantity of drugs recovered by law enforcement. In addition, the fines are $25,000, 50,000, $100,000, $250,000, or $500,000.
Further, because of the way the Florida legislature defined the weight of controlled substances, the harsh trafficking laws do not only affect the stereotypical drug dealer. That is because the Florida legislature criminalized not only the purity of the controlled substance, but the combined weight of the controlled substance and any other substance in the mixture. Therefore, if a person mixes 1 gram of oxycodone with 5 other grams of another legal substance in a pill, that individual would be deemed to be in possession of 6 grams of oxycodone and subject to the 3 year minimum mandatory prison sentence.
If you are facing a drug trafficking charge, contact the Law Office of Bhavik Patel today. Mr. Patel has handled thousands of drug cases as a prosecutor and will work hard to get the best result for his clients. Based on the facts of each case, we can work with the State to either get your case dismissed, have the State waive the minimum mandatory sentence, plea the case down to the lesser charge or either sale/delivery of a controlled substance or possession of a controlled substance, or work with the client on a substantial assistance plan.