Archives of Section: FAQs
Will I lose my license if I plea to a drug charge?
- July 25, 2011Possibly. A conviction for a drug offense will result in a 2 year suspension of your driver’s license. Your license will not be suspended if you receive a withhold of adjudication. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Why should I use a lawyer in my Pinellas drug case?
-A lawyer can help you through the entire process and answer all your questions pertaining to Pinellas County and the Florida drug law. Pinellas County is quick to prosecute and they will request a conviction on most cases. If you are convicted of a felony drug charge you will forever feel the effects of this as you look for employment. Our firm provides a comprehensive defense against Florida drug charges. The types of drug offenses we most often see in Pinellas Coounty are:
Drug Trafficking
Conspiracy to Drug Trafficking
Sale and Possession of a Controlled Substance
Delivery of a Controlled Substance
Simple Possession of a Controlled Substance
A controlled substance can mean, marijuana, cocaine, meth, perscription pills, etc. Making the decision not to hire a lawyer can be a huge mistake. Call us for a free consultation and download our book below before you decide to go at it alone. Don’t learn the hard way, meaning in prison, that you should have called us first. Pinellas (727) 797-9600.
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The cops charged all four occupants of my friend’s car with possession even though the drugs were found in the glove box. Can they do that?
-Yes, all occupants of a vehicle can be arrested if drugs are found in the car. However, convicting all of the occupants is a completely different issue and requires the State to prove constructive possession. The State would have to show the accused had “ dominion and control” over the drugs- that the accused knew the drugs were there and had the ability to control them even with no evidence the drugs were in the accused physical possession (i.e., in pocket, etc.). In the big picture, unless an occupant admits to knowing the drugs are in the car, the State will have a very difficult time proving the occupants knew the drugs were in the glove box. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Why do Drug Trafficking charges have mandatory prison sentences?
-The Florida Legislature added mandatory prison sentences to the drug trafficking statute. The mandatory prison sentence can be waived by the Office of the State Attorney. This typically happens as part of a plea agreement. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
My friend uses drugs but he’s not a drug trafficker! Why is he charged with trafficking drugs?
-Drug Trafficking is based solely on the weight of the drugs. Who uses the drugs and how the drugs are moved from place to place has nothing to do with this charge. The charge is strictly determined by weight – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
What happens to the drugs after an arrest?
-After an arrest the police must enter the drugs into evidence. When drugs are entered into evidence at the police station, they are sent to secure area. Drugs can be sent from there for further testing at the lab. Marijuana is typically only sent to determine the weight of the marijuana while drugs such as cocaine, heroine, methamphetamines, and other controlled substances are sent for identification and to determine a total weight. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Why hasn’t my case been dropped? My friend said his case was dropped for the same charge.
-Each case has slightly different facts. This often results in some cases ending in dismissal while others do not. The law at the time of the charge dictates which factual situations have a chance to be dismissed. Current case law helps us determine if a case has the potential of being dismissed or not. As the law changes, so do the types of factual situations that can be dismissed. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
What is Drug Court?
-Drug Court is the most intensive form of Court involvement in drug treatment that you will find in the criminal justice system. The Court actively supervises the defendants on a monthly basis. The defendant still has a probation officer and the probation officer will report to the judge before every court date and provide an update on your progress. This allows the Court to quickly make a decision and to determine what steps need to be taken to help a person become drug free. Each county has a Drug Court Program and each program is run a little bit different with the same goal to have people leave the program drug free and on the right path to recovery. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
Will I lose my license if I plea to a drug charge?
-A conviction for a drug offense will result in a 2 year suspension of your driver’s license. Your license will not be suspended if you receive a withhold of adjudication. – (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
What should I do if a person leaves drugs or prescription pills, such as Xanax or Oxycodone in my car?
-If a person leaves a controlled substance such as Xanax or Oxycodone in your car you can me charged for Possession of Xanax or Possession of Oxycodone. As a St. Petersburg attorney familiar with drug possession laws you must be careful to handle this situation carefully. If law enforcement searches your vehicle you could be arrested in Florida for constructively possessing a controlled substance. As a lawyer familiar with the drug possession and drug trafficking laws I decided to dig a little deeper to answer this question. Florida Courts have interpreted the drug possession laws to allow for a small exception to the rule when a person is in temporary possession of a drug or a controlled substance. The temporary possession must only be for the sole purpose of providing the illegal drugs to law enforcement. This means immediately upon discovery of the drugs. Returning the drugs to the rightful owner is the wrong thing to do. If you do that you are in possession of drugs or controlled substances and could be prosecuted. Our Saint Petersburg lawyers are familiar with the drug possession and the drug trafficking laws. We understand the legalities of actual possession and constructive possession of drugs. Call your knowledgeable Pinellas County criminal defense attorney for your questions regarding drug possession and drug trafficking. - (727) 797-9600 – 4399 35th St. N., Suite 322, St. Petersburg, FL 33714 Continue reading
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