Drug Charge Defense Attorney in Orlando and Central Florida
If you or someone you care about has been accused of a drug crime in Orlando or the surrounding areas, it’s crucial to contact a skilled drug crimes lawyer as soon as possible. Florida law has severe penalties for even the smallest amount of drugs.
The legal team at Lockett Law, P.A., handles all types of Orlando criminal defense matters, including drug charges. Led by attorney Lee Lockett, our criminal defense team is dedicated to defending our clients and seeking the best possible outcomes.
Potential Drug Charges in Florida
Drug charges in Florida can be charged at the state or federal level, with most cases handled by the state. These charges range from misdemeanors to serious felonies and are outlined in the Florida Comprehensive Drug Abuse Prevention and Control Act, or Florida Statutes § 893.13.
Common drug charges in Florida include:
- Possession of a Controlled Substance: This can range from possession of a small amount to possession with intent to sell.
- Possession of Prescription Drugs: Possessing prescription drugs without a valid prescription is illegal.
- Trafficking: This is a serious felony involving the possession or sale of large quantities of drugs.
- Marijuana Possession: While medical marijuana is legal in Florida, possession without a prescription remains illegal.
- Possession of Drug Paraphernalia: Having equipment used for drug consumption can also lead to criminal charges.
Penalties for Drug Possession Charges in Florida
Penalties for drug charges vary depending on the type of drug, the amount, and the specific offense. They can range from low-level misdemeanors to first-degree felonies. A conviction can result in:
- Jail time
- Fines
- Probation
- Driver’s license suspension
- Mandatory drug treatment
Florida Statutes § 893.13 outlines the penalties for various drug charges. The severity of the punishment depends on the specific charge and the amount of drugs involved. Penalties can range from misdemeanors to first-degree felonies.
Even possession of a small amount of a controlled substance (other than marijuana) is a felony in Florida. This can result in up to five years in prison, a permanent criminal record, and a suspension of your driver’s license.
Potential Penalties for Drug Convictions in Florida:
- First-Degree Felony: Up to 30 years in prison and a $10,000 fine.
- Second-Degree Felony: Up to 15 years in prison and a $10,000 fine.
- Third-Degree Felony: Up to five years in prison and a $5,000 fine.
- First-Degree Misdemeanor: Up to one year in jail and a $1,000 fine.
- Second-Degree Misdemeanor: Up to 60 days in jail and a $500 fine.
Additional Penalties:
- Substance Abuse Treatment: Mandatory drug treatment programs may be required.
- Drug Testing: Random drug testing may be part of probation or parole conditions.
- Community Service: Court-ordered community service may be imposed.
- Employment or Military Status: A drug conviction can negatively impact employment or military status.
- Probation or Parole: Probation or parole may be required, with specific conditions to follow.
- Permanent Criminal Record: A drug conviction will leave a permanent mark on your criminal record.
Driver’s License Suspension:
Florida Statutes § 322.055 mandates a two-year suspension of your driver’s license for any drug conviction, regardless of whether it was driving-related. This suspension can be extended until you complete a drug treatment program.
Reinstatement: While a judge may reinstate your license for employment purposes, it will be suspended for at least six months. Driving while your license is suspended can lead to additional penalties.
An Orlando drug lawyer can help you navigate these penalties and explore potential defenses
What Drugs are Illegal in Florida?
Controlled substances in Florida are categorized into Schedules I through V based on their potential for abuse and medical use. Some examples include:
- Schedule I: Heroin, MDMA (ecstasy), LSD
- Schedule II: Cocaine, fentanyl, methamphetamine
- Schedule III: Codeine, ketamine
- Schedule IV: Alprazolam (Xanax), tramadol
- Schedule V: Cough syrups containing codeine
Possible Defenses for Drug Crimes in Orlando, Florida
Your criminal defense lawyer in Orlando can work to protect your rights and explore potential defenses that may lead to a reduced charge or dismissal. The specific strategies will depend on the circumstances of your case, including prior convictions and other factors.
Constitutional Challenges: Unreasonable Searches and Seizures
If law enforcement conducted an illegal search of your home, vehicle, or person, your attorney may file a motion to suppress the evidence obtained. This could potentially lead to the dismissal of your charges.
Self-Incrimination: Miranda Rights
The Fifth Amendment protects you from self-incrimination. If law enforcement failed to read you your Miranda rights, any statements you made may be inadmissible in court.
Possession: Actual vs. Constructive
In drug possession cases, the definition of possession is crucial. Actual possession means the drugs were on your person. Constructive possession involves knowing about the drugs, their illegal nature, and having control over them.
Motion to Dismiss: Insufficient Evidence
If there isn’t enough evidence to support the drug charges against you, your Orlando criminal defense attorney can file a motion to dismiss.
Entrapment: Induced Into Crime
If law enforcement coerced you into committing a crime you wouldn’t have otherwise committed, an entrapment defense may be applicable.
Orlando Drug Defense Lawyer
The legal team at Lockett Law fights for the rights of the accused throughout Central Florida, including Orlando, Kissimmee, and Winter Park. If you or someone you know has been charged with a drug crime, contact and experienced Orlando criminal defense lawyer at (904) 858-9818 for a free consultation
