Drug Crime Attorney in Jupiter, FL
What This Page Covers:
- Penalties: Florida’s drug laws are strict, with harsh penalties based on drug type, amount, and prior offenses.
- Defenses: Common defenses include unlawful search, lack of possession, chain of custody issues, medical necessity, mistaken identity, and insufficient evidence.
- Legal Support: Criminal Defense Attorney Brian Gabriel, with over 30 years of experience, offers strong defense strategies to protect your future.
- Call Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.
After being arrested for a drug crime, you might be worried about how this will impact your family, job, or future. It’s natural to feel anxious and uncertain about what comes next. These emotions are completely normal, as drug charges can carry severe penalties, and the legal system can be overwhelming without the right help.
Whether you are dealing with accusations of possession, trafficking, or distribution, the consequences of a drug conviction can affect your future, reputation, and personal relationships; Criminal Defense Attorney Brian Gabriel understands what’s at stake. With over 30 years of experience in criminal defense, Mr. Gabriel will work tirelessly to protect your rights and interests, handling your case using all the knowledge and skills developed over the span of his career.
Penalties You Could Face for a Drug Crime in Jupiter Florida
Florida has some of the toughest drug laws in the United States, and the penalties for drug crimes can be severe. The specific penalties you might face depend on various factors, including the type of drug, the amount in question, and whether there are any prior offenses.
Possession of Controlled Substances
Possession of illegal drugs, even in small amounts, can lead to significant legal consequences. In Florida, drugs are classified into different “schedules” based on their potential for abuse and medical value. The penalties for possession include:
- Schedule I substances: These include drugs like heroin, LSD, and ecstasy. Possession of Schedule I substances is considered a third-degree felony, punishable by up to 5 years in prison and fines up to $5,000.
- Schedule II substances: These drugs have a high potential for abuse but also have accepted medical uses. Examples include cocaine and methamphetamine. Possession is also typically a third-degree felony with similar penalties as Schedule I substances.
- Marijuana: While medical marijuana is legal in Florida under strict regulations, possession of recreational marijuana is illegal. Possession of 20 grams or less is considered a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Possessing more than 20 grams is a felony.
Additionally, possessing any amount of a controlled substance near schools, parks, or other designated areas can result in enhanced penalties.
Drug Trafficking
Drug trafficking involves the manufacturing, sale, delivery, or possession of large quantities of illegal substances. Penalties for trafficking are harsher than for possession:
- Mandatory minimum sentences: Florida imposes mandatory minimum sentences for drug trafficking offenses. For example, trafficking between 25 and 2,000 pounds of marijuana carries a minimum sentence of 3 years and fines up to $25,000.
- Higher penalties for heavier drugs: Trafficking drugs like heroin or cocaine can lead to even more severe penalties, including minimum sentences of 15 years and fines of up to $500,000, depending on the quantity.
Individuals with prior drug convictions may face significantly harsher penalties, including longer prison sentences and higher fines.
Manufacturing
Manufacturing includes growing, producing, or preparing illegal drugs. Manufacturing Schedule I or II drugs is a felony, punishable by up to 30 years in prison and substantial fines.
Distribution
Selling or delivering drugs, even in small amounts, can lead to felony charges with penalties that include lengthy prison sentences and fines. The sale of drugs near schools or public parks can result in enhanced penalties.
Potential Defenses a Drug Crime Attorney in Jupiter, FL Could Use
Florida’s drug laws are strict and carry severe penalties, including hefty fines and long prison sentences. Whether you are facing charges for possession, distribution, or manufacturing of controlled substances, Criminal Defense Attorney Brian Gabriel can help. Mr. Gabriel may explore several potential defenses to challenge the charges against you. Some of the common defenses in drug crime cases include:
Unlawful Search and Seizure
One of the most common defenses in drug cases is challenging the legality of the search that led to the discovery of the drugs. The Fourth Amendment protects you from unreasonable searches and seizures, meaning law enforcement must have a valid warrant or probable cause to search you, your vehicle, or your property. If your Jupiter, FL drug crimes defense attorney can show the police conducted an illegal search, any evidence obtained may be suppressed, potentially leading to the dismissal of the charges.
Lack of Possession or Control
To secure a conviction for drug possession, the prosecution must prove you had knowledge of the drug’s presence and control over it. Your Jupiter, FL drug crimes defense lawyer may argue the drugs did not belong to you and that you had no knowledge of their existence, especially in cases where drugs were found in a shared space like a vehicle or home.
Chain of Custody Issues
The prosecution must establish a clear and unbroken chain of custody for the drugs from the time they were seized to their presentation in court. Any gaps or inconsistencies in this chain could cast doubt on the integrity of the evidence. Your Jupiter, FL drug crimes defense lawyer may challenge the handling, storage, or testing of the drugs, which could weaken the prosecution’s case.
Medical Necessity
If you were using marijuana for a legitimate medical purpose and were in compliance with Florida’s medical marijuana laws, this could serve as a defense against charges related to marijuana possession. Your attorney may present evidence you have a valid medical marijuana card and that your use of the substance was lawful under state law.
Mistaken Identity
In cases where drugs were found in a location accessible to multiple people, your attorney may argue you were not the person in possession of the drugs. Mistaken identity can occur in situations where drugs are discovered in a shared space, and your Jupiter, FL drug crimes defense lawyer may work to establish reasonable doubt about who actually owned or controlled the substances.
Insufficient Evidence
The prosecution bears the burden of proving your guilt beyond a reasonable doubt. Your Jupiter, FL drug crimes defense lawyer may scrutinize the evidence presented and argue it is insufficient to meet this standard. By identifying weaknesses or inconsistencies in the prosecution’s case, your Jupiter, FL drug crimes defense attorney may be able to create reasonable doubt and potentially secure an acquittal.
Were You Arrested for a Drug Crime in Jupiter, Florida?
If you were arrested for a drug crime in Jupiter, Florida, do not wait to seek legal representation. Drug charges require prompt action to protect your rights and build a strong defense. With over 30 years of experience, Criminal Defense Attorney Brian Gabriel has vast experience in this area to fight for your future.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.