Daytona Beach Drug Crime Lawyer
Misdemeanor Possession of Drugs
A misdemeanor drug conviction has serious ramifications and life-long repercussions. Many of these are not readily apparent to someone who has never been charged before. All too often, defendants in misdemeanor drug cases, such as those cited with simple marijuana possession or possession of drug paraphernalia, will typically arrive at their first court appearance and thoughtlessly enter a plea of guilty just to get the matter over with. Contact our Daytona Beach drug crime lawyers today at 866-785-5470 for a free legal consultation.
Florida Possession Law
- Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.
- Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
- Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
- Any person who is knowingly in active or constructive possession of more than 25 pounds – 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.
- Any person who is knowingly in active or constructive possession of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.
- Any person who is knowingly in active or constructive possession of 10,000 pounds of cannabis or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.
- Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.
Florida Sale and Delivery Law of Marijuana
- The delivery of 20 grams or less without remuneration is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $1,000.
- The sale of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
- The sale of more than 25 pounds- less than 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.
- The sale of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.
- The sale of 10,000 pounds or more of cannabis is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.
- Sale or delivery of cannabis within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.
Having a misdemeanor for possession of marijuana may not seem like it would have a big impact compared to felony possession of marijuana, other controlled substance or narcotic. However, depending on the amount of pot you are being charged with possession of, you could be facing fines, probation, jail time, and the stigma of having a criminal record. The legal team at Bundza & Rodriguez, P.A. are passionate about criminal defense in marijuana cases like yours. Contact our Daytona Beach misdemeanor possession of drugs lawyers today at 866-785-5470 for a free legal consultation.
Felony Possession of Drugs
Felony drug charges are among the most serious types of crimes according to most state laws. These types of charges involve drug crimes that are deemed highly dangerous to the safety and welfare of the general public. Felony drug crimes typically result in severe criminal penalties. In contrast, misdemeanor charges (usually simple possession charges) result in less serious consequences, such as small criminal fines and some time in jail. If you have been arrested or fined because of a drug possession case, make sure you contact a skilled Daytona Beach felony possession of drugs lawyer to represent your case as soon as possible.
Felony possession can be charged when a person has:
- Physical control of a controlled substance
- Dominion over a controlled substance
- Access to a controlled substance
A controlled substance can be defined as:
- A prescription medication that was prescribed for someone else
- An illegal drug or material or compound or substance that is listed as scheduled, controlled or restricted.
Being convicted of felony drug possession can carry serious consequences including years in prison and thousands of dollars in fines and costs, not to mention a criminal record that can affect your ability to get a job or a place to live. Drug cases can be complicated and can hinge on legal nuance. Sometimes a small detail can be the difference in getting your case dismissed, or in having a less serious misdemeanor conviction instead of a felony. An experienced criminal defense lawyer can help explore the facts of your case and the best options for your defense.
Possession of most controlled substances specified by Florida state laws may be charged as a third degree felony. Possession of a controlled substance, which could be cocaine, heroin, methamphetamine, ecstasy, or other illegal drugs is a third degree felony. A third degree penalty carries a maximum penalty of 5 years in jail and up to a $5,000 fine.
Controlled substance cases are often handled by specialized officers. Many District Attorney Offices have specialized prosecutors who exclusively handle controlled substance cases. Controlled substance offenses have their own unique rules and punishments. A person charged with this type of crime is often treated differently from other offenders, and may benefit from more lenient sentences, particularly if the accused has a drug addiction.
Possession of Ecstasy
MDMA or more popularly known as “ecstasy,” is a synthetic, psychoactive drug. Possessing less than 10 grams of ecstasy in Florida is classified as a third degree felony. This means that even if you have a trace of ecstasy residue in a pill bottle, it could land you in jail for five years and suspend your driver’s license privileges for 2 years. Also, under the Florida Criminal Punishment Code Possession of ecstasy under 10 grams is classified as a level 3 severity ranking which will get you 16 points as a primary offense. Possession of ecstasy of 10 grams or more is considered trafficking in Florida which carries a minimum mandatory sentence of three years in prison.
In a drug possession case, the state must prove beyond a reasonable doubt that a) what they found was an illegal substance, and b) that it belonged to you. You have a right against unreasonable search and seizure. There are a variety of other rights and protections that you have under the U.S. Constitution and Florida laws.
Drug trafficking is a serious offense. Drug trafficking involves the possession or distribution of large quantities of illicit substances. The difference between trafficking and possession charges lies in the high volume of drugs involved in trafficking. Drug trafficking is a federal drug charge and it must be defended by a Daytona Beach drug trafficking lawyer who is practiced in federal court.
Drug trafficking charges are often accompanied by conspiracy allegations. Conspiracy is a separate charge, and the punishment is tied to the maximum sentence for the drug charge. No matter how little the amount of drugs in question, if the level exceeds the trafficking threshold, you can count on the prosecution to come at you with the full weight of the government. The District Attorney’s office, Attorney General, or US Attorney’s office will prosecute the case, depending on the court. The prosecution has seemingly unlimited resources at their disposal in trying to convict you.
The penalties for drug trafficking include mandatory minimum sentences, high fines, and driver’s license suspension . Federal law sets very specific penalties for different levels of drug possession, and it often depends on the drugs. Many have mandatory minimum penalties, meaning you are guaranteed a certain amount of prison time if convicted. Here are the potential punishments for common drug trafficking crimes brought in Florida state courts:
- Cannabis (Marijuana)
- 25+ pounds but less than 2,000 pounds (or 300 or more plants) = 3 year minimum mandatory sentence.
- 2,000+ pounds but less than 10,000 pounds (or 2,000 more plants) = 7 year minimum mandatory sentence
- 28 grams to 200 grams = 3 year minimum mandatory sentence
- 200 grams to 400 grams = 7 year minimum mandatory sentence
- 400 grams to 150 kilograms = 15 year minimum mandatory sentence
- 150+ kilograms = life sentence
- Oxycodone, Hydrocondine, Morphine, Opium and Hydromorphone
- 4 grams to 14 grams = 3 year minimum mandatory sentence
- 14 grams to 28 grams = 15 year minimum mandatory sentence
- 28 grams to 30 kilograms = 25 year minimum mandatory sentence
- 30+ kilograms = life sentence
- Amphetamine and Methamphetamine (Crystal Meth)
- 14 grams to 28 grams = 3 year minimum mandatory sentence
- 28 grams to 200 grams = 7 year minimum mandatory sentence
- 200+ grams = 15 year minimum mandatory sentence
If you or a loved one has been arrested for drug trafficking in Daytona Beach or anywhere in Florida, you need to speak to a Florida drug trafficking defense lawyer immediately. The police likely have convincing evidence against you and the government will prosecute you aggressively by seeking the maximum penalties under the law. You need a drug defense attorney who will fight for your rights and aggressively defend you. The criminal defense attorneys at Bundza & Rodriguez, P.A. will fight for you.
Our attorneys practice in all Florida state courts and the United States District Court for the Middle District of Florida. Our goal is to promote justice and the public good by assisting those accused or arrested and charged with criminal acts. We will fight to ensure that their interests are respected and that their constitutionally guaranteed rights are protected.
Possession of Drug Paraphernalia
Drug paraphernalia is a term used to denote any equipment, product, or material that is modified for making, using, or concealing drugs, typically for recreational purposes. If you are arrested for possession of drug paraphernalia, act quickly to find an Daytona Beach drug paraphernalia lawyer who can handle your case efficiently and effectively. Examples of drug paraphernalia include:
- Certain types of smoking pipes
- “Roach clips” used to hold marijuana cigarettes
- Needs and other implements used for injecting drugs into the body
- Certain types of plastic bags or other containers used to package drugs
- Miniature spoons used for preparing drugs
- Entire “kits” used in the production of synthetic controlled substances
In Florida, possession or use of drug paraphernalia is classified as a first degree misdemeanor, with penalties that may include up to 365 days in jail or 12 months probation, and a $1,000 fine. If placed on probation, a defendant will usually be ordered to submit to random drug testing and may even be ordered to enroll in a drug evaluation and treatment program. Often, a charge of paraphernalia possession will be joined with other common possession charges, such as possession of cannabis, possession of cocaine, or possession of a controlled substance with the intent to sell.
One of the most important elements in proving a possession of drug paraphernalia charge is that the object was used or intended to be used to contain, store or ingest a controlled substance. Florida Statute 893.145, “Determination of Paraphernalia,” provides broad guidelines for police, prosecutors and jurors to determine whether or not a particular item is drug paraphernalia or not. Those factors include proximity of the object to controlled substances, the existence of residue of controlled substances on the object, statements of anyone in control of the object concerning it’s use and expert testimony about the item.
With some items, it is clear that it is being used for drugs (for example, a pipe that smells strongly of drugs). For other items, it may not be clear right away that it is being used as drug paraphernalia. If authorities suspect that an object is connected with drug activities, they may analyze several factors, such as:
- Any descriptive materials that accompany the item, describing or depicting its use
- Any instructions (whether oral or written) concerning the item or device
- The manner in which the object is labeled and displayed for sale
- The typical use of such item in the community
- Testimony of an expert witness regarding use of the item
Do not make the mistake of thinking that a misdemeanor charge for possession of paraphernalia is no big deal. It is a criminal charge that carries lasting repercussions beyond the initial conviction and sentence. A criminal record can negatively impact your ability to find a job, secure a financial loan, obtain a housing lease, or gain admission into a college or university.
If you are arrested for possession of drug paraphernalia, act quickly to find an Daytona Beach drug paraphernalia lawyer who can handle your case efficiently and effectively. At Bundza & Rodriguez, P.A., our team of attorneys has built a record of successful defense against misdemeanor and felony drug cases, securing positive outcomes for our clients charged with drug possession and drug possession of paraphernalia. We understand the impact a drug paraphernalia possession conviction can have on your current and future opportunities. We are committed to providing every client with quality defense to minimize the effects of a criminal charge and to avoid unnecessary conviction and penalties.
Contact Our Experienced Daytona Beach Drug Crime Lawyers
If you have been arrested or fined because of a drug possession or trafficking case, make sure you contact a skilled Daytona Beach drug crime lawyer to represent your case as soon as possible. Drug offenses present unique issues, and the penalties can be significant. You need an attorney who knows the law and can apply the law to your particular circumstances. A thorough legal analysis is critical to ensure your rights are protected. The lawyers at Bundza & Rodriguez, P.A. have an unmatched background in drug related crimes. Contact our Daytona Beach felony possession of drugs lawyer today at 866-785-5470 for a free legal consultation.