Drug Offenses
Tampa Drug Offense Attorney
Generally speaking, there are a few different types of drug offenses in the State of Florida:
- Simple possession
- Possession with intent to sell
- Delivery
- Manufacturing
- Trafficking---Please note that the charge of trafficking does not require any sale of drugs. It is simply an enhanced charge based on the amount of a specific drug.
Enhanced Penalties
All of these charges can carry harsher penalties based on where they took place. For example, the charge of delivery of a controlled substance within 1000 feet of a school carries a statutory minimum mandatory prison sentence. Trafficking charges also carry minimum mandatory prison sentences. DMV Penalties
If convicted of a drug offense in Florida, the Department of Motor Vehicles (DMV) will suspend your driver’s license for a period of 2 years. You must serve a “hard suspension” for the first 6 months — that means you cannot have a driver’s license at all. After the 6 months you may apply for a hardship permit. In addition to the suspension, you may have to pay higher insurance premiums and fines. What to do:
If you are arrested for a drug offense, you need to call an attorney who is experienced in defending drug offense cases. At Roman & Roman, you will have an experienced former prosecutor who is extremely familiar with all types of drug offenses fighting for you. We can look into many options to get the best possible resolution for you:
Motion to Suppress: If a law enforcement officer violated your 4th amendment rights against unlawful search and seizure to obtain the drugs, we can many times get evidence against you suppressed so the State will be forced to drop your case.
Motion to Dismiss: Taking the evidence as it is, if the State cannot prove its case the charge must be dismissed. This defense is best used in the case of a jointly occupied vehicle or residence.
Pre-Trial Diversion Programs: If you qualify (usually for first time offenders), you will be on a type of probation without entering a plea. You will have to undergo some treatment and any other court ordered conditions. The benefit of this type of program is that the charge will be dropped once you successfully complete the program.
Trial: Just because you are arrested does not mean you are guilty. Often, taking your case to trial is one of the best ways to determine your guilt or innocence.