If you have been charged with sale or delivery of a controlled substance in Florida, then you may have a defense. Personal use and lack of knowledge are both defenses that are oftentimes successful when fighting sale or delivery of a controlled substance cases. Attorney Williams can also attack the legality of any search conducted by law enforcement that led to your arrest. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about personal use or lack of knowledge, or if you want to talk to a lawyer about how to beat your sale or delivery of a controlled substance case in Florida, then contact Matthew Williams now for a free consultation.
In Florida, sale or delivery of a controlled substance is defined under Florida Statute 893.13(1)(a)(1). A person commits sale or delivery of a controlled substance when they sell, manufacture or deliver the controlled substance, or possess a controlled substance with the intent to sell, manufacture or deliver the controlled substance.
Most sale charges involve the State working with a confidential informant to purchase a controlled substance from someone while recording the transaction on audio or video. In addition, the state will usually try to use evidence that they found during the arrest to prove intent to sell. The amount of drugs found, large amounts of cash, baggies, scales, mixing devices, weapons and statements/admission will all be used by the state to prove their case. Most of the time, the state will also obtain a search warrant for the phone that the Defendant had at the time of their arrest to look for evidence of intent to sell in text messages and call history.
Sale or delivery of a controlled substance is a second-degree felony, meaning it is punishable by up to 15 years in prison, or up to 15 years on probation and up to $10,000 in fines (you can also get a jail or prison sentence followed by probation, but the length of the punishment cannot exceed 15 years).
In addition, there is a three-year minimum mandatory sentence that must be imposed in any case where the Defendant is convicted of Sale or Delivery of cocaine within 1,000 feet of a school, or day care facility under Fla. Stat. 893.13(1)(c)(1).
In addition to facing prison time, if you are adjudicated guilty of sale or delivery of a controlled substance you will lose constitutional rights and you’ll have to deal with many other collateral consequences. You will also lose your driver’s license for 6 months under Florida Statute 322.055.
Criminal convictions, especially convictions for drug-related charges, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with sale or delivery of a controlled substance in Florida then contact Matthew Williams now for a free consultation.