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Criminal Defense Lawyer in Orlando, FL

Drug Crime Lawyer

With the war on drugs showing no signs of abatement, it’s no wonder drug crimes are still being met with harsh punishments across the country. The state of Florida is no exception, and a drug crime conviction could be devastating. If you’ve been accused of a drug crime, or suspect you may be under investigation for a drug crime, don’t wait – contact the best drug crime defense attorney, Will Hanlon, at Hanlon Law today to schedule a free consultation. 


What Are Drug Crimes?


Drug crimes are, as the name suggests, crimes that involve drugs in some way. They are divided into three main categories: possession, possession with intent to distribute, and trafficking. 


A possession charge means you were found to have an illegal substance (or substances). This could be on your person, in your car, at your home, or in another location where it can reasonably be assumed that the drugs belong to you. 


Possession with the intent to distribute applies when you’re found with large amounts of an illegal substance. The reasoning here is that such a quantity is unlikely to be for just one person, and so you likely had plans to pass the drugs along, whether for payment or not. The amount that crosses the line from possession to possession with intent to distribute is defined by Florida law depending on the specific illicit substance. 


It’s important to note that possession with the intent to distribute is charging you for the intent to distribute, not any actual distribution. The charges are therefore based on quantity alone. Whether or not you actually did distribute any drugs doesn’t matter, and can’t be used as a defense for such charges.


Trafficking is the final and most severe drug crime. It’s a broad term, and Florida law defines it as any involvement in the process of manufacturing, producing, transmitting, distributing, and/or dispensing of illegal substances. Trafficking also covers the possession of drugs with the intent to participate in any of these processes. 


What are the Consequences of Drug Crimes in Orlando, Florida?


The sentencing for drug crimes depends on the specific illegal substance and the quantity involved. Certain aggravating factors can also lead to an enhanced sentence, such as the possession and/or discharge of a firearm during the commission of the alleged crime. 


Generally speaking, though, even simple possession often results in some jail time and some hefty fines. Trafficking charges are almost certain to result in lengthy prison stays and felon status, which can have life-long repercussions.


How to Defend Against Drug Crime Charges


As with all criminal cases in the United States, the burden of proof lies with the prosecution. In drug crime cases specifically, there are three main points the prosecution will have to prove to secure a conviction:


  • The initial stop during which the drugs were discovered was legal 
  • The search that led to finding the drugs in question was legally justified
  • There is enough evidence to show beyond reasonable doubt that the defendant was in possession of the drugs in question


These might sound simple, but they can actually be pretty difficult to prove – especially with an experienced drug crime defense attorney on your side. There are plenty of mistakes law enforcement officers might make when stopping or detaining someone, any of which could lead to the stop/detainment being unlawful, and the charges being dropped. 


Law enforcement officers also aren’t allowed to search someone’s private property or person without a warrant unless they have reasonable cause. If there was no warrant involved, the prosecution must be able to prove that there was, in fact, reasonable cause. Otherwise, the search could be declared unlawful, and the charges dropped. 


Even if both the initial stop and subsequent search are proven to be lawful, proving that the drugs in question were actually in your possession can be difficult. For example, say the drugs were found in your home. If anyone else has regular access to your home, then who’s to say the drugs don’t belong to them? Then again, how can you prove that the drugs belong to them and not you? That’s why it’s so vital to have an experienced drug crimes defense attorney on your side. 


Lakeland Criminal Defense Lawyers


Will Hanlon with Hanlon Law has nearly two decades of experience defending against drug charges. Our legal team will work tirelessly on your behalf and take advantage of every opportunity to advocate your case. Don’t leave your fate up to chance; contact Hanlon Law today to schedule a free consultation.

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