Jacksonville Lawyer for Drug Charges

How do you choose the best lawyer for drug charges?

Finding the attorney who will help get you off on drug charges in Jacksonville Florida is not an easy task, especially if the evidence against you is overwhelming. Did the cops execute search procedures legally? Did the  police officers follow the law when they pulled you over or entered your house? There are hundreds of questions that may or may not help your case.

Lawyers who specialize in drug crimes will know the right questions to ask and they will know who to ask.

As a drug and criminal attorney, the law professionals will have experience with crimes that involve illegal drug sales, manufacturing and possession.

Florida drug laws and specifically Jacksonville are a convoluted area of practice. As the nation grows to accept the use of marijuana, the laws are rapidly changing. Some states support marijuana and weed use, while others will still put people behind bars for many years if the circumstances allow such.

Florida Drug Laws as of October 11, 2013 from NORML.org

The laws that your lawyer will be required to know for your case will depend on the charges that you face. If you were in possession of a gun during the drug bust, you may face additional charges. If you had paraphernalia, the charges may “stack” up for a much more harsh punishment. The best attorney for drug charges will help you analyze your options and guide you to the least punishment possible.

Marijuana charges and the punishments for getting busted with weed are as follows.

Possession

20 grams of marijuana or less is a misdemeanor with a maximum sentence of 1 year in prison and a $1000 maximum fine.

More than 20 grams in your possession is a felony with a maximum sentence of 5 years in prison and a $5,000 maximum fine.

25 or more plants is a felony. The punishment includes a maximum sentence of 15 years in jail and a $10,000 fine. Less than 25 plants is a felony punishable by a maximum sentence of 5 years in prison and a  $5,000 maximum fine.

See:

Florida Criminal Code 893.13
Florida Criminal Code § 893.03(c)(35)
Florida Criminal Code § 893.13
Florida Criminal Code § 775.082(a)

Florida Attorneys who specialize in drug charges may help you beat marijuana drug charges. Contact a Jacksonville Attorney today if you have been busted with weed or other drugs.

Sale/Delivery

Delivering 20 grams of marijuan or less without payment is a misdemeanor with a maximum sentence of 1 year imprisonment and a $1,000 maximum fine.

The sale of 25 lbs. or less is a felony. Punishment is a maximum sentence of 5 years imprisonment and a $5,000 maximum fine.

The sale of 25 lbs.-2,000 lbs. (or 300-2,000 plants) is a felony. The mandatory minimum sentence is 3 years in prison and a maximum sentence of 15 years in prison. A maximum fine of $25,000.

The sale of 2,000 to 10,000 lbs. (or 2,000-10,000 plants) is a felony with a mandatory minimum sentence of 7 years and a maximum sentence of 30 years in prison with a $50,000 maximum fine.

The sale of 10,000 lbs. or more is a felony with a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years. The maximum fine is $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony. The maximum sentence, under Florida law, is 15 years in prison and a maximum fine of $10,000.

See:

Florida Criminal Code 893.13
Florida Criminal Code § 893.03(c)(35)
Florida Criminal Code § 893.13
Florida Criminal Code § 893.135
Florida Criminal Code § 775.082(a)

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See:

Florida Criminal Code §893.03(1)(c)

Possessing less than 3 grams of hashish or concentrated weed is a first degree misdemeanor. The punishment is a term in prison no greater than 1 year and a maximum fine of $1,000. Possession of 3 grams or more of hashish or concentrates is a third degree felony. Punishment of no greater than 5 years and a fine no more than $5,000.

See:

Florida Criminal Code §893.13(6)(b)
Florida Criminal Code §775.083(1)(c),(d)
Florida Criminal Code §775.082(3)(d)
Florida Criminal Code §775.082(4)(a)

More than 3 grams of hash, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is also a third felony of the third degree.

The offense is moved up to a second degree felony if:
• within 1,000 feet of a child care facility between 6 A.M. and 12 midnight;
• within 1,000 feet of a park or community center;
• within 1,000 feet of a college, university or other postsecondary educational institute;
• within 1,000 feet of any church or place of worship that conducts religious activities;
• within 1,000 feet of any convenience business;
• within 1,000 feet of public housing;
• within 1,000 feet or an assisted living facility.

A felony of the second degree is punishable by a prison sentence no greater than 15 years with a fine no more than $10,000.

See:

Florida Criminal Code §893.13(1)(a)(2)
Florida Criminal Code §893.13
Florida Criminal Code §775.083(1)(b),(c)
Florida Criminal Code §775.082(3)(c),(d)
Rutherford v. State, 386 So.2d 881 (Fla. 1980).

Paraphernalia

See:

Florida Criminal Code §893.145

Possession of drug paraphernalia is a misdemeanor with a maximum prison sentence of one year and a maximum fine of $1,000.

Please see:

Florida Criminal Code § 893.145
Florida Criminal Code § 893.145
Florida Criminal Code § 893.147

Mandatory Minimum

If someone is convicted of a crime with a mandatory minimum sentence, the judge is required to sentence the criminal to a mandatory minimum or higher. The judge may not decrease the sentence below the mandatory minimum. A prisoner serving an MMS is not eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole. Recently the federal DOJ created new laws to omit the MMS involving marijuana.

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