|
Home > Orlando Criminal Defense > Drug Charges
:: Drug Offenses in Florida
Unfortunately, drugs are a direct cause of most criminal activity in the State of Florida. Because of the correlation of drugs and criminal activity, the penalties for drug offenses dramatically increase based on the quantity of drugs involved and their intended use.
In Florida, there are two types of clients who must deal with drug charges:
When defending a User, there are several options that a Defense attorney may pursue to help the client successfully resolve their client's case other than a trial.
However, the State of Florida prosecutes persons suspected of dealing drugs to the fullest extent of the law. Therefore, it is necessary that a person accused of dealing drugs retain an attorney with the experience, legal acumen, and trial experience to properly defend them.
|
" Today when a person gets arrested for a drug offense there are more ways to resolve the case than in the past."
|
The User
Fortunately, being arrested for drug possession does not necessarily mean you will be labeled a criminal. Much of society views drug possession with compassionate eyes and as a result the Florida Legislature has established several programs to help Floridians overcome any substance abuse problems they may have. Today when a person gets arrested for a drug offense there are more ways to resolve the case than in the past. Unfortunately though, the opportunities available to resolve one's case depend on what the actual charge is, the number of prior criminal convictions the person has, the treatment programs available, and whether a knowledgeable attorney assists.
In Orange and Osceola counties a new concept called drug court is implemented for persons arrested for drug possession. Drug court is a concept helps the person who was arrested to get help for any substance abuse problem they may have, as well as get assistance with job training, employment education and parenting skills.
Resolving Drug Possession Offenses
The method of resolving a drug arrest case is best determined by evaluating the person's needs as well as the laws which apply to the charges filed and the person's guilt or innocence. In Central Florida, there are several sentencing alternatives available to a person accused of a drug possession charge. Each is briefly discussed below. However, you are encouraged to contact Orlando criminal attorney Richard Hornsby for further information regarding the criteria for each program and whether you would qualify.
- Pretrial Diversion
Pretrial Diversion is a diversionary program run by the State Attorney's Office and is usually reserved for first time, nonviolent offenders. The diversion program is similar to probation, in that once you are accepted into the program you must report once a month to a supervising officer, undergo random drug testing, complete community service hours, and refrain from being involved in any criminal activity. Additionally, Pretrial Diversion requires the permission of the victim of the crime you are accused of committing. Your charges will be dropped upon successful completion of Pretrial Diversion.
- Pretrial Intervention
Pretrial Intervention is similar to Pretrial Diversion, however it is run by the Court. Pretrial Intervention is more lenient in that a person does not have to have a spotless record. The Pretrial Intervention program is also similar to probation, in that once you are accepted into the program you must report to the Court on a regular basis, be evaluated for and undergo any recommended drug treatment, complete any other specific requirements ordered by the Court, and refrain from being involved in any criminal activity. Importantly, many Judges do not participate in Pretrial Intervention. As a result it is important that you hire an attorney who is familiar with the individual Judges and who can advise you accordingly. Your charges will be dropped upon successful completion of Pretrial Intervention.
- Drug Court
Drug Court is a diversionary program created to address the issue of first time felony drug offenders. The program provides for the identification, evaluation, case management and placement of substance abusing offenders in order to avoid entering the formal criminal justice system. The Drug Court Judge reviews progress reports on each participant. Incidents of noncompliance are reported immediately to the Drug Court Judge, along with recommendations as to consequences to be imposed. Upon successful completion of Drug Court your charges will be dropped.
- Motion to Suppress
A Motion to Suppress seeks to have evidence excluded because it was illegally obtained. Drug arrests are ripe with possibilities for filing a Motion to Suppress because drug arrests are usually based on police hunches, prolonged (and thus illegal) encounters, and unreliable information. It is impossible to adequately explain the various reasons for filing a Motion to Suppress, however, before considering any of the sentencing alternatives described here, an attorney must analyze your particular facts to determine if a Motion to Suppress would resolve the case and result in your case's dismissal.
- Plea
Many people are not interested in undergoing drug treatment and would rather just resolve the case with as little supervision as possible. For these people, who do not wish to pursue a trial, the best resolution is to negotiate a minimal amount of probation with no drug treatment or testing. However, it should be noted that Central Florida Judges generally impose random drug testing as a standard condition of probation. As a result, persons are strongly urged to consider the previously mentioned sentencing options so that their case can be dismissed altogether.
- Trial
Not all people arrested for drug offense are guilty and many times a trial to determine one's guilt or innocence is the best method to resolve the case.
The Dealer
In Florida, if the drug offense involved reaches higher levels of quantity, then the offense automatically shifts from a simple drug possession case to a drug trafficking case. Trafficking in drugs is a very serious offense. More importantly, even though an individual may not be a true "drug dealer" or is not high up in a drug trafficking organization, the State will seek the imposition of mandatory minimum prison sentences to send a "message" to the community. Trafficking in drugs or even possessing large quantities of drugs will subject an individual to harsh penalties, including minimum mandatory fines and minimum mandatory prison sentences.
In addition to facing harsh criminal penalties of fines, prison sentences, and lengthy probation, individuals involved in the drug trade may also be subject to civil penalties such as forfeiture of their home, vehicles, or money, that the government believes is linked to the drug trade.
:: Contact Orlando Criminal Lawyer Richard Hornsby
Please contact Orlando Criminal Lawyer Richard Hornsby 24 hours a day, 7 days a week, if you or a loved one have been charged with a drug offense. Mr. Hornsby is available any time, day or night, to advise you of the proper course of action to take. The initial consultation is free and Mr. Hornsby will respond promptly to provide you with the criminal representation you deserve.
Home > Orlando Criminal Defense > Drug Charges
|
