Drug Possession Crimes

Drug Possession Attorneys and Drug Sales Attorneys

Drug Possession Attorneys and Drug Sales Attorneys Tania Alavi & Andrew Pozzuto will aggressively defend your rights. If you are facing drug charges, in addition to prison, jail and/or long probation or house arrest sentences, you may also lose your driver license, be denied employment, college admission, school loans, housing and, if you’re a non-citizen, you may face deportation.

EXPERIENCED CRIMINAL DEFENSE

Each of our attorneys has an in-depth knowledge of Florida’s drug laws and legal defenses against prosecution. Tania Alavi and Andrew Pozzuto with The AP Law Group investigate your case and push the state to provide whatever evidence they have, demand that state witnesses be made available for cross-examination (including undercover officers or confidential sources), and force the state to prove its case against you.

BESIDES JAIL OR PRISON, WHAT CAN A DRUG OFFENSE MEAN TO YOU?

  1. Loss of driving privileges for 2 years, with a 6-month wait to get a business purposes only (BPO) license (this applies to all drug crimes);
  2. Denial of employment;
  3. Denial of school admission and school loans;
  4. Denial of an apartment or other place to live;
  5. Deportation or denial of re-entry if you are a non-citizen;

We will relentlessly work to identify defenses or mitigating circumstances to help successfully resolve your case. Our defense team will examine your case for Miranda issues, illegal vehicle stops, illegal search and seizure issues, ineffectual drug evidence testing procedures and alibi defenses.

DRUG CHARGES CARRY SEVERE PUNISHMENT

Many Drug Charges carry extremely severe penalties. Do not go it alone. It is in your best interest to retain an experienced criminal defense attorney to defend you against prosecution. Often your defense will depend upon your word against the police. The evidence must be tested. Witnesses, that may help you, must be located. A defense strategy that may help avoid the maximum punishment should be implemented as soon as possible. Incidentally, most drug possession crimes also require the revocation of your driver’s license whether you were in a vehicle or not.

OCALA DRUG LAWYER

If you have been charged with Drug Possession or Drug Sales in Ocala or the surrounding area (Citrus, Hernando, Lake, Marion, and Sumter Counties), contact Tania Alavi & Andrew Pozzuto with The AP Law Firm now. We have over 50 years of combined criminal defense experience. We will fight the allegations against you and work to help you avoid the most serious penalties for your alleged offense. Call (352) 732-9191 or tell us about your case using this form.

GAINESVILLE DRUG ATTORNEY

If you have been charged with a Drug Possession or Drug Sales in Gainesville or the surrounding area (Alachua, Baker, Bradford, Gilchrist, Levy, and Union Counties), contact Tania Alavi & Andrew Pozzuto now. We have favorable resolved hundreds of drug cases involving all types of illegal substances. We will consider and explain all of your options from challenging your arrest to helping to arrange substance abuse treatment to preparing for trial. Call (352) 732-9191 or tell us about your case using this form.

DRUG CHARGES IN FLORIDA

Drug charges in Florida can range from low-level possession of cannabis (marijuana, weed, pot) to high-level drug possession, sale or trafficking charges that can put a person in prison for 5 to 30 years, and may even include Life in prison.

  • Possession of Cannabis/Marijuana, Less than 20 grams:
    • Florida Statute 893.13 (6)(b) defines Possession of Cannabis, Less than 20 grams, as being in “actual or constructive possession,” meaning, the cannabis does not have to be in your pockets or held by you. Close proximity or access to the drugs may be enough for the police to charge you.
    • Penalties: In Florida, the crime of Possession of Cannabis is a 1st Degree Misdemeanor punishable by up to 1 year in jail and/or a $1000 fine, and driver license suspension for 2 years.
  • Possession of More Than 20 grams of Cannabis:
    • Penalties: In Florida, Possession of Cannabis, Greater Than 20 grams is a 3rd Degree Felony punishable by up to 5 years in prison and/or a $5000 fine, and driver license suspension for 2 years.
  • Possession of Cocaine, Heroin, etc:
    • Penalties: In Florida, Possession of Cocaine and similar drugs is a 3rd Degree Felony punishable by up to 5 years in prison and/or a $5000 fine, and driver license suspension for 2 years.
  • Sale and Delivery of Cocaine, Heroin, and similar drugs:
    • Florida Statute 893.13 defines sale or delivery of illegal drugs to include the sale or delivery of any drug the Legislature has listed as a prohibited drug or that requires a prescription to possess or sell.
    • Penalties: In Florida, Sale and Delivery of Cocaine, Heroin and similar drugs are a 2nd Degree Felony punishable by up to 15 years in prison and/or a $10,000 fine.
  • Drug Trafficking:
    • Florida Statute 893.135 defines Drug Trafficking as the simple possession, sale or delivery of any prohibited drug in a quantity specifically described in the law. For most serious drugs, if a person merely possesses as little as 4 grams, they can be charges with Drug Trafficking. If one possesses 28 grams of cocaine or more, they can be charged with Trafficking in Cocaine.
    • Penalties: In Florida, Drug Trafficking crimes are vigorously prosecuted. Drug Trafficking carries minimum mandatory prison sentences of 3, 7, and 15 years, depending on the amount of the drugs possessed/trafficked. Maximum sentences are 30 years to Life in prison. Trafficking charge include enormous fines ($25,000 to $750,000) upon conviction.

If you have been accused, arrested or charged with Possession of Cannabis, Drug Possession, Drug Sales or Drug Trafficking in the Gainesville or Ocala area, contact The AP Law Firm to preserve your rights and to immediately begin developing your defense strategy.

Let’s discuss your case. Call The AP Law Firm at (352) 732-9191 or tell us about your case using this form.

FLORIDA ENHANCED PENALTIES FOR SALES NEAR SCHOOL OR CHURCH

The potential punishments you will face for a drug offense depends on the crime you are convicted of, and the degree of severity of the offense. For example, any drug crimes in the vicinity of an elementary school, public school or university, public housing facility, or to someone under the age of 18 are more severe and incur greater punishments.

DRUG OFFENSES STATUTES

Drug offenses are generally listed under Chapter 893 of the Florida Statutes.
Florida Statute 893.13 – Prohibited acts; penalties.
Florida Statute 893.135 – Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
Florida Statute 893.11 – Suspension, revocation, and reinstatement of business and professional licenses.
Florida Statute 893.033 – Listed chemicals.
Florida Statute 893.035 – Control of new substances; findings of fact; delegation of authority to Attorney General to control substances by rule.
Florida Statute 893.0355 -Control of scheduled substances; delegation of authority to Attorney General to reschedule substance, or delete substance, by rule.
Florida Statute 893.0356 – Control of new substances; findings of fact; “controlled substance analog” defined.
Florida Statute. 893.09 – Enforcement.
Florida Statute 893.10 – Burden of proof; photograph or video recording of evidence.
Florida Statute 893.101 – Legislative findings and intent.
Florida Statute 893.105 – Testing and destruction of seized substances.
Florida Statute 893.12 – Contraband; seizure, forfeiture, sale.
Florida Statute 893.1351 – Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.
Florida Statute 893.138 – Local administrative action to abate drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity.
Florida Statute 893.145 – “Drug paraphernalia” defined.
Florida Statute 893.146 – Determination of paraphernalia.
Florida Statute 893.147 – Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.
Florida Statute 893.149 – Unlawful possession of listed chemical.
Florida Statute 893.1495 – Retail sale of ephedrine and related compounds.
Florida Statute 893.15 – Rehabilitation.
Florida Statute 893.20 – Continuing criminal enterprise.

OTHER HELPFUL INFORMATION

  • The Florida Comprehensive Drug Abuse Prevention and Control Act, codified in Florida Statutes chapter 893, governs all state drug charges in Florida. The Act defines all charges and penalties for drug offenses in Florida. Section 893.13 lists acts that are prohibited by the Act, including:
  • Florida’s Drug Schedule The Florida Comprehensive Drug Abuse Prevention and Control Act classifies drugs, or controlled substances into schedules, from Schedule I to Schedule V. The schedules basically categorize controlled substances and drugs, and range from very addictive drugs with drug crimes carrying the most severe penalties (Schedule I), to rarely addictive drugs with drug crimes incurring less severe punishments (Schedule V).
    • Schedule I drugs have a high potential for abuse and no known, or used, medical application in the United States. Some examples are GHB, heroin, and LSD.
    • Schedule II drugs have a high potential for abuse but are used for medical purposes in the United States. Common examples are opium, hydrocodone, and Vicodin.
    • Schedule III drugs have a lower potential for abuse than Schedule I or II drugs and have a known medical use in the United States. Examples include barbituric acid and anabolic steroids.
    • Schedule IV drugs have a lower potential for abuse than Schedule III drugs and are used for medical purposes in the United States.
    • Schedule V drugs have the least potential for abuse and are commonly used in medical applications in the United States.
  • Examples of Controlled Substances in Florida Controlled substances can include a variety of drugs or substances, including prescription medications, pills without medications, street drugs, any derivative or base of street drugs or medications, or any other substance that may be abused as a drug. Some examples of controlled substances are:
    • Prescription Pills / Medications:
      • Alprazolam, also known as Xanax
      • Anabolic Steroids
      • Codeine or Hydrocodone with an NSAID or acetaminophen, also known as Vicodin, Lortab, Lorcet
      • Dextropropoxyphene, also known as Darvon, Darvocet
      • Benzodiazepines, also known as alprazolam (Xanax), diazepam (Valium)
      • Methadone, also known as Dolophine, Methadose
      • Methylphenidate, also known as Ritalin, Concerta, Adderall
      • Morphine, also known as Roxanol, Kapanol
      • Oxycodone Hydrochloride, also known as OxyContin, Percocet, Percodan
      • Oxymorphone, also known as Opana, Numorphan, Numorphone
      • Pure Codeine
      • Pure Hydrocodone
      • Zolpidem, also known as Ambien
    • Street Drugs:
      • Amphetamines, also known as Uppers, Speed, Black Beauties, Bennies
      • Benzoylecgonine, also known as Cocaine Metabolite
      • Benzoylmethylecgonine, also known as Ecgonine, Cocaine, Powder, White Lady, Blow, Coke, Coca
      • Cathinone, also known as Bath Salts
      • Diacetylmorphine, also known as Heroin, Smack, Black Tar
        Gamma-hydroxybutyric acid, also known as GHB, the Date Rape Drug
      • Ketamine, also known as Special K, K
      • Lysergic acid diethylamide, also known as LSD, Acid
      • Marinol, also known as THC Pill, Synthetic Cannabis
      • Mescaline, also known as Peyote, San Pedro, Achuma, Peruvian Torch cacti
      • Methamphetamine, also known as Meth, Speed
      • Methylenedioxymethamphetamine, also known as Ecstasy, MDMA
      • Opium, also known as Poppy, Poppy Seeds, Opiates
      • Phencyclidine, also known as PCP, Angel Dust
      • Psilocybin, also known as Psilocybin, Magic Mushrooms, Shrooms
      • Salvia divinorum, also known as Salvinorin A, Salvia, Synthetic Marijuana
      • Tetrahydrocannabinols (THC), also known as Cannabis, Marijuana, Pot, Weed, Ganja, Bud, Chronic
  • Drug Court Programs Florida law provides methods to avoid jail or prison time for offenders who have been charged with certain nonviolent first-time drug offenses. Florida’s Drug Court is a voluntary program available for drug offenders that have been charged with a misdemeanor or third-degree felony drug offense. The alleged offender must have no other drug offenses, and only includes possession charges, drug sale charges, drug delivery charges, and any other offense that is drug-based. The drug court usually involves regular court appearances before a drug court judge, substance abuse treatment, counseling, and monitoring to prevent repeat offenses. Most criminal charges will be dismissed after the drug court has been successfully completed.

  • Drug Fact Sheet    – The Drug Enforcement Administration offers information about specific drugs and federal penalties.
  • Narcotics Anonymous – Gainesville, Florida — NA is a non-profit organization designed for people who have a drug addiction to meet and support each other in order to stay drug-free.
  • Narcotics Anonymous – Ocala, Florida — NA is a non-profit organization designed for people who have a drug addiction to meet and support each other in order to stay drug-free.

CONTACT DRUG DEFENSE ATTORNEYS TANIA ALAVI & ANDREW POZZUTO FOR HELP TODAY. CALL (352) 732-9191