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Criminal Defense Articles  »  Florida Criminal Defense Laws
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Why legal help is essential to deal with drug crime charges

By: Steve Johnson
Date Added : August 12, 2010 Views : 449
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Criminal laws occupy a vast section of the Florida state laws. One significant part pertains to the possession, sale or trafficking of certain drugs. It is quite a complicated and confusing arena to deal with. Therefore, if you face criminal charges in this regard it is best to consult a lawyer immediately.

Which are the banned drugs? What is the penalty for drug offenses? In Florida, it is illegal to possess three major drugs – cocaine, marijuana and heroin. Here is a concise overview of what punishments you may face for proven charges of possession, sale or trafficking of these drugs.

Florida Cocaine Law (under Code Section 775.082 to .084; 893.01, et seq.) - Imprisonment and fines

•    Possession (3rd degree felony) - $5,000 and 5 years
•    Sale (2nd degree felony) - $10,000 and 15 years
•    Trafficking (1st degree felony) - $50,000 and 3 years (28-200 g); $100,000 and 7 years (200-400 g); 15 years and $250,000 (400 g.-150 kg); and life imprisonment (Over 150 kg)

Florida Marijuana Law (under Code Section 893.13, et seq.) – Imprisonment and fines

•    Possession (3rd degree felony) - $5,000 and 5 years
•    Sale (3rd degree felony) - $5,000 and 5 years
•    Trafficking (1st degree felony) - $25,000 and 3 years (25-2000 lbs); $50,000 and 7 years (2000-10,000 lbs); $200,000 and 15 years (Over 10,000 lbs)

Florida Heroin Law (under Code Section 775.082, et seq.; 893.01, et seq.) – imprisonment and fines

•    Possession (3rd degree felony) - $5,000 and 5 years
•    Sale (2nd degree felony) - $10,000 and 15 years
•    Trafficking (1st degree felony) - $50,000 and 3 years (4-14 g); $100,000 and 15 years (14-28 g); $500,000 and 25 years (28 g.-30 kg); life imprisonment (Over 30 kg)

Defense Strategies that could help

If you face a similar charge, get in touch with a criminal lawyer to formulate the defense strategies. Whether you live in Miami or Tampa, the charges bring in similar consequences that can ruin your life. Only a competent Miami defense lawyer can frame the particular strategy suitable for your case. There are two major strategies at work:

Questionable search and seizure– To prove the charges, law enforcement officials require producing substantial evidence. In many instances, the criminal lawyer may question the way used for evidence collection. If it was an unlawful search and seizure procedure, the prosecution may find it difficult to prove your charges.

Entrapment – If you were trapped into committing a crime, your Miami criminal lawyer may bring in entrapment as defense. Suppose the law enforcement authorities devised a ploy to trap you into committing a drug crime. Your lawyer may be able to prove that you walked into a trap if there is no evidence to support that you were prone to commit such unlawful activities.



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