Winter Park, Florida, sits just north of Orlando and boasts robust parks and abundant outdoor spaces. Winter Park sees its fair share of travelers from those on their way to Disney in Orlando to Orlando residents seeking a brief respite from the chaos of the city. Permanent residents and tourists in Winter Park, Florida, rely on local authorities to enforce state and federal laws, including drug statutes.
The mere fact that law enforcement arrests someone for a drug crime does not mean the accused committed the offense. Anyone charged with a drug crime should hire an experienced Winter Park drug crimes lawyer to represent them and protect their rights.
Overview of a Drug Possession Charge in Winter Park, FL
Possession of a controlled substance is the most basic drug charge in Florida. Under the law, Florida Statute Section 893.13(6)(a) prohibits anyone from possessing a controlled substance without a valid prescription.
Examples of substances include, but are not limited to:
Possession means that you knew the substance was illegal and you had physical possession of the substance, or that you knew the illegal substance was in your presence and had control over the area or container where the substance was located.
A Winter Park drug charge attorney can explain the complexities of actual and constructive possession.
Penalties for a Drug Possession Conviction
In most cases, a first-time conviction for possession of a controlled substance is a third-degree felony. A third-degree felony is punishable by up to five years in prison and a fine of up to $5,000. The court can also mandate participation in drug counseling, suspend your driving privileges, and require inpatient treatment.
Section 893.13(6)(b) outlines an exception for marijuana and other cannabis-based substances. As long as you possess under 20 grams, possession is considered a misdemeanor. Misdemeanor charges are punishable by up to a year in jail and a fine of up to $1,000. After four misdemeanor drug possession convictions, the prosecutor can increase any later misdemeanor possession charges to a felony.
Overview of a Drug Trafficking Charge in Winter Park, FL
Selling drugs is a step up from simply possessing them for one’s own use. Florida Statute 893.13(1)(a), possession of a controlled substance with intent to sell, is an enhanced drug offense with harsher penalties than a basic possession charge.
To secure a conviction, the prosecutor must prove the elements of drug possession, and that the accused intended to sell, manufacture, or deliver the controlled substance to another person.
The prosecutor may attempt demonstrate your intention to sell the controlled substance with evidence of things like:
- The packaging of the controlled substance;
- Statements made by you or others;
- The presence of paraphernalia, such as scales or baggies;
- The amount of the controlled substance; and
- Large amounts of cash found near the controlled substance.
You can establish that you were not intending to sell, manufacture, or distribute the controlled substance by presenting evidence of that fact. A Winter Park drug crimes attorney can locate evidence to invalidate the prosecutor’s attempts to prove your intent.
Penalties for a Drug Trafficking Conviction
The length of your possession with intent to sell sentence depends on the amount and type of drugs found. A conviction for possession of marijuana with intent to distribute is a third-degree felony. Alternatively, individuals accused of selling cocaine or heroin often face second-degree felony charges. A second-degree felony is punishable by up to fifteen years in prison and a fine of up to $10,000.
If the accused possesses more than four grams of a Schedule II drug like fentanyl, they can face a drug trafficking charge. Trafficking fentanyl is considered a first-degree felony in Florida. The penalties for trafficking depend on the amount of controlled substance in the defendant’s possession. If you are convicted of possessing four and fourteen grams of fentanyl, the judge must impose a mandatory minimum sentence of three years in prison and a $50,000 fine but can impose a sentence of up to 30 years. If you are convicted of possessing more than fourteen grams but less than twenty-eight grams of fentanyl, the judge must impose a mandatory minimum sentence of fifteen years in prison and a $100,000 fine but can impose a sentence of up to 30 years. A judge cannot sentence a person convicted of drug trafficking to below the statutorily required mandatory minimum sentence unless the State Attorney agrees.
Potential Defenses to Drug Crimes
The prosecution bears the burden of proving each element of your drug charge beyond a reasonable doubt. A skilled Winter Park drug crimes attorney can determine whether a legal defense applies to your case and helps defeat an element of the underlying charge.
Legal defenses that can apply to possession and trafficking cases include:
- Another person possessed the controlled substance;
- Authorities lacked reasonable suspicion to conduct the initial traffic stop;
- You have a valid prescription for the controlled substance;
- You did not have actual or constructive possession of the substance (i.e., it was found in a shared space and you didn’t know it was there); or
- Authorities violated your constitutional rights during your arrest or before finding the controlled substance.
A knowledgeable drug crimes defense lawyer in Winter Park, FL can explain the legal defenses applicable to your drug crimes charges and determine why they apply.
Contact a Winter Park Drug Charge Lawyer at Moses and Rooth Today
The best way to secure a favorable outcome in your drug possession or distribution case is by hiring a drug crimes defense attorney to defend your rights. Dealing with criminal charges is a frustrating, complicated experience that you should not try to navigate alone.
Our founding attorneys Andrew Moses and Jay Rooth have experience as district attorneys and know the facts prosecutors use to build their cases and ways to secure a favorable outcome. We will not hesitate to take your case to trial if necessary. Our attorneys can utilize our extensive courtroom experience and in-depth knowledge of the federal and state criminal justice systems to obtain a positive outcome in your case.