Fort Lauderdale Criminal Defense Lawyer Bradford Cohen has experience in many areas of controlled substance criminal matters. When it comes to possession of a controlled substance, there are many legal issues that affect the outcome of your case. The decisions that need to be made are: Do you have a valid Motion to suppress the illegal drugs found? Did the officer's take incriminating statements while illegally detaining you? Was there multiple individuals in a vehicle and the illegal substance was found in a common area of the car? Are you a candidate for Drug Court? Was the measurement of the drugs found done properly? These are just a few questions an experienced Florida Criminal Defense Lawyer should ask. In addition on many drug cases depending on the amount of the substance found, there could be minimum mandatory sentences involved. Essentially, the legislature mandates that you must get a minimum sentence for the crime if you are convicted or if you take a plea. The Criminal Judge in your case has no discretion in sentencing you. That is why you need a criminal lawyer that has experience in these matters.
We want to help you in your controlled substance case. Our firm will aggressively fight the charges pending against you. Let our years of experience in Criminal Defense assist you in obtaining a fruitful resolution to your case. We handle criminal possession of cocaine, MDMA, prescription drugs, and/or marijuana in Fort Lauderdale, Miami, Dade and West Palm Beach.
So what is Florida Statute 893.13 Prohibited acts; penalties?
Essentially, this law forbids anyone from the sale, manufacture, or deliver, of a controlled substance as well as making it illegal to possess with intent to sell, manufacture, or deliver, a controlled substance.
So the next question is Bradford what is considered a controlled substance? Well chapter 893 of the Florida Statutes labels what the many types of controlled substances are, they range from Marijuana to any illicit drug that is man made today. Even if you have a prescription for the drugs in your possession they can still try to charge you under 893. Often you will see that it will become your burden to show a valid prescription prior to them dismissing the matter.
The next question often asked is what degree of crime is it? A felony? A Misdemeanor? Well, that depends on the amount and type of drug you are being charged with in your case. Normally possession of marijuana is a misdemeanor. The exceptions are when it is over 20 grams or you are attempting to sell it. Call our office at 1888COHENLAW to discuss the amount and type of controlled substance you are being charged with so that we can give you the best criminal defense advice in your matter.
The other issues that complicates matters when it comes to drug crimes is if there is a violation that occurs within 100 feet of a school yard, child care facility. There are specific defenses to these drug crimes including the time the transaction occurred and how they calculated the amount of distance to the location. The crime of selling or possessing with the intent to sell within 1000 feet of a school is very serious and comes with a minimum mandatory 3 year prison sentence if you are convicted. Criminal Defense lawyer Bradford Cohen has been very successful in defending these types of crimes over his 18 year career.
It is always an enhancement to the crime of sale or possession with intent to sell within 1000 feet of a place of worship as well. This raises your degree of punishment up to a 1st degree felony in some cases.
Criminal Defense lawyer Bradford Cohen has represented Doctors, practitioners, pharmacists. and individuals associated with the delivery of controlled substances. All of those matters fall under the Florida Statute 893.
Another issue that arises is the issue of forfeiture when an instrumentality is used in furtherance of the crime. An example of this is if you are transporting drugs in a car, they can seize your car and try to take it from you. Of course there are strict notice specifications associated with the issue of criminal seizure