A criminal drug attorney in Fort Lauderdale can help determine what kind of defense to build for your charges depending on the type of charges you are faced with. There are multiple ways to defend drug possession such as challenging the facts, the testimony or the evidence being used against you. Other defense strategies will challenge charges based on procedural errors.
Here is a quick look into some of the ways a Fort Lauderdale drug possession attorney can fight your case.
Unlawful Search and Seizure – This has to do with how the drugs were found on you and what length law enforcement went to obtain the substance.
Drugs Belong to Someone Else – A defense to drug charges may include you not knowing the drugs were in your possession.
Crime Lab Confirmation – For your charges to be lawful, the drugs must be analyzed in a crime lab to ensure they are, in fact, what you were charged with. Without that information, law enforcement would have a harder case to prove.
Drugs are Missing – This defense includes ensuring the drugs are still in possession of the law enforcement agency and haven’t gone missing.
Planted Drugs – While difficult to prove, if you have evidence the drugs were planted, your charges will be dropped, and further legal action can be taken.
Entrapment – This differs from a sting operation where a perpetrator will make their own decision to engage in illegal drug use or possession. Entrapment is when law enforcement coerces you to make these decisions.
Types of Drug Possession Charges
The prosecution needs to prove the following about your substance charges:
The substance must be determined to be the one you are being charged for by a crime laboratory that can scientifically provide a confirmation.
The prosecutor must prove that you knew about the possession of the substance and its presence.
The prosecutor will also have to prove that you were the one who had control over where the substance was located.
Fort Lauderdale Possession of Marijuana Lawyer
Our firm can help build a criminal defense if you’ve been arrested and charged with possession of marijuana in Fort Lauderdale. We can use a few tactics to help you avoid maximum penalties or use other means to get the charges dropped all together depending on your case.
Marijuana Drug Possession Charges
A First Degree Misdemeanor – Equals 20-grams
A person with four more prior arrests may see increased penalties
(exceptions made for medical marijuana possession)
Penalties: Up to one year in jail. Pay court fees.
Those with four or more priors may be subject to full one year jail plus order to a treatment program or home detention.
A Third Degree Felony – Equals more than 20-grams of marijuana
A person with a prior record may see heavier penalties
Penalties: Up to 5-years in prison
A First Degree Felony Possession – Equals more than 25-pounds of marijuana.
Penalties: Up to 30-years in prison and may be ordered to pay up to 250,000 in fines.
Fort Lauderdale Possession of Cocaine Lawyer
If you have been charged with cocaine possession in Fort Lauderdale, we can help you build a defense to either fight the charges or lessen the penalties, depending on your particular situation. Cocaine is a schedule II controlled substance and carries severe penalties.
Third Degree Felony Possession – Equals 28-grams. Trafficking charges will be added if it’s over 28-grams and turn the 3rd-degree charge into a First Degree Felony.
Penalties: 28-200-grams with a $50,000 fine and up to 3 years in prison.
Sale of Cocaine – Equals to a Second Degree Felony and considered trafficking. Higher penalties will be administered for sales near schools.
Penalties: 200-400-grams with a $100,000 fine and up to 7-years in prison
400-grams – 150-kilograms with $250,000 fine and up to 15-years in prison
Over 150-kilograms – Potential life imprisonment
Fort Lauderdale Possession of Oxycontin Lawyer
While only a prescription, oxycodone is a schedule II drug and can carry heavy penalties for those who possess a certain amount. If you have been charged with possession of this substance, you should be aware that getting caught with just 7-grams will earn you a Third Degree Felony. This can equate to up to 5-years in prison or probation and up to $5,000 in fines. If you have more than 7-grams of the drug in your possession at the time of arrest, the case moves to a “trafficking” charge which can lead to up to 25-years in prison.
Prosecutors will bring charges on you with evidence such as:
The substance is being carried in a non-labeled bottle, bag or alternate container.
You were driving, and the substance is in your system found through a blood test.
You are found to have obtained the substance by fraud.
Prosecutors have evidence that you were selling the substance.
You are charged with illegally obtaining forged prescriptions or forging them yourself.
You are found to be doctor shopping to obtain the substance.
Fort Lauderdale Illegal Drug Sales Lawyer
No matter what substance you have been arrested for, Fort Lauderdale drug possession lawyer Michael D. Weinstein, PA can help you sort through your case. We have given you an idea of what the charges look like if you are in possession of a substance. Many of these cases can move into “trafficking” charges if you carry a certain amount of the substance. Further, if you have been charged with possession to “sell” we need to work quickly to build your case defense. It may take time to do this so, please don’t wait long to contact our offices.
We are a Fort Lauderdale drug possession law firm that can help you organize your case and help you get the best possible outcome for your charges. Please call or contact us to get started.