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Drug Possession Charges in Florida: Penalties for Marijuana, Cocaine, Heroin and Hiring a Lawyer

March 21, 2024 Uncategorized

Drug Possession Charges in Florida: Penalties for Marijuana, Cocaine, Heroin and Hiring a Lawyer

Getting charged with drug possession in Florida can be scary. The penalties are harsh, and it can really mess up your life. But having a good lawyer on your side makes a huge difference. I want to walk you through the common drug charges in Florida, the penalties, and why you need a lawyer to fight for you. I’ll be real with you in this article – no legal mumbo jumbo. My goal is to help you understand what you’re facing so you can make smart choices.

Marijuana Possession

Let’s start with weed – it’s the most common drug charge in Florida.

  • Possessing 20 grams or less of marijuana is a misdemeanor. You can get up to 1 year in jail and $1000 fine. Not fun, but not the end of the world either.
  • Possessing 20 – 200 grams bumps it up to a 3rd degree felony. Now you’re looking at up to 5 years in prison and $5000 fine.
  • Possessing 200 – 400 grams makes it a 2nd degree felony with max 15 years prison and $10,000 fine.
  • Over 400 grams is a 1st degree felony with 30 years prison and $10,000 fine.

You can see how quickly those penalties ramp up! Even a small amount over 20 grams shoots you into felony territory.It gets worse if you’re busted with weed near a school, park, church or government building. Add an extra 3 years minimum prison to any of those charges above if caught within 1000 feet of places like that.The cops and prosecutors take marijuana charges seriously in Florida. They’ll hit you with the highest charges possible. So having an experienced drug crimes lawyer is critical to try to reduce the charges.An attorney may be able to get your weed charges dropped or reduced by challenging the legality of the search, discrediting the cops’ testimony or getting you into a diversion program.Diversion programs like drug court can be a lifesaver – they let you avoid jail time if you complete drug counseling and probation. But you usually need a lawyer’s help to get into them.

Cocaine Charges

Cocaine crimes are always felonies in Florida. Even possessing a tiny amount can completely ruin your life if convicted as charged.

  • Possession of any amount of cocaine is a 3rd degree felony with 5 years prison.
  • Between 200-400 grams bumps it up to a 1st degree felony with 30 years prison.
  • Trafficking between 28-200 grams brings a 3 year minimum mandatory prison sentence.
  • Trafficking between 200-400 grams has a 7 year minimum mandatory.

You see how quick it goes from a few years to decades in prison? And those minimum mandatories are no joke – the judge cannot reduce the sentence below 3 or 7 years no matter what.Having cocaine within 1000 feet of schools, parks, etc brings enhanced penalties too. Now you’re facing minimum 3 years prison on top of the felony possession.Your only hope is an experienced cocaine crimes attorney who can try to get the charges reduced or thrown out. It’s a long shot, but possible with the right lawyer.

Heroin Charges

Like cocaine, heroin possession is always a felony in Florida no matter the amount.

  • Possession of any amount brings up to 5 years prison as a 3rd degree felony.
  • Between 4-14 grams bumps it up to a 1st degree felony with 30 years prison.
  • Trafficking between 4-14 grams has a 3 year minimum mandatory sentence.
  • Trafficking between 14-28 grams brings a 15 year minimum mandatory.

See how fast it goes from a few years to decades behind bars? Terrifying.Having heroin within 1000 feet of a school or park tacks on an additional 3 years minimum prison time no matter what.Your only hope is an aggressive lawyer who knows how to challenge the evidence and negotiate with the prosecution. Diversion programs rarely apply to heroin charges, unfortunately.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Prescription Drug Charges

Abusing or selling prescription meds can land you in just as much trouble as street drugs. Common prescription drug charges include:

  • Possession of Xanax, OxyContin, Vicodin, stimulants like Adderall, etc. is a 3rd degree felony with 5 years prison.
  • Between 4-14 grams brings up to 30 years prison as a 1st degree felony.
  • Trafficking between 4-14 grams adds a 3 year minimum mandatory.
  • Trafficking between 14-28 grams is a 15 year minimum mandatory.

Again, you can see how quickly the penalties ramp up from a few years to decades in prison. And trafficking prescriptions has the same minimum mandatories as street drugs.Having prescription drugs within 1000 feet of schools, parks and other protected places adds a minimum 3 years prison time.The penalties for prescription meds are harsh because the government takes diversion seriously. But an experienced lawyer can often get the charges reduced significantly or thrown out.

Why You Desperately Need a Lawyer

As you can see, Florida does not mess around with drug charges. Even marijuana can land you years behind bars. Hard drugs like cocaine and heroin often lead to decades in prison.The cops and prosecutors will hit you with the highest charges possible. Mandatory minimums take away the judge’s discretion to reduce your sentence. Your back is against the wall from day one.A skilled drug crimes lawyer is your only hope. An attorney knows how to challenge the evidence and get charges reduced or dismissed. They can negotiate with the prosecution much more effectively than you can on your own.A lawyer is also your best chance at getting into a diversion program to avoid jail time. And they understand how to present mitigating circumstances to the judge to lower your sentence if convicted.Sure, hiring a lawyer costs money. But it’s an investment in your future and freedom. A few years of legal fees beats decades in prison! Public defenders are free, but they are completely overloaded. Private lawyers have time to dedicate to your defense.Don’t wait to call an attorney! The earlier you have a lawyer advising you, the better. From the moment of arrest, you need to keep quiet and let your attorney handle the police.Hiring the best drug crimes lawyer you can afford is critical. Shop around and find someone experienced, aggressive and who makes you feel comfortable. Meet for a free consultation before deciding.I hope this article helped you understand the serious drug penalties in Florida and why fighting the charges with a lawyer gives you the best chance. You can beat this! It will take work, but taking control of your future starts right now.

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CLAIRE BANKS

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RAJESH BARUA

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