Florida Drug Crimes
Any arrest is a serious matter and should be taken seriously. You need someone by your side who will fight against prosecutors. But drug crimes in particular are especially complicated in Florida. Having an attorney help you through the intricate maze of nuances and statutes could mean the difference between your freedom and prison time.
If you have been arrested on drug charges, whether it be simple possession, trafficking, or paraphernalia possession, relating to marijuana (pot), heroin, ecstasy (MDMA), cocaine (or crack cocaine), hydrocodone, oxycodone, LSD, methamphetamine (meth), GHB, or prescription drugs, contact our Orlando law firm for a free initial consultation on how we can help defend you.
Have you have been arrested for a drug crime? Problem Solved.
Arrests for some drug crimes may seem minor, but the consequences can be VERY serious. For example, having just a little bit of leftover marijuana residue in your ashtray could earn you up to a year in prison and an automatic 2 year drivers license suspension!! The Modarres Law Firm will fight for you every step of the way!
We look to challenge all of the circumstances surrounding your arrest. If you were pulled over driving, did the officer have probable cause or reasonable suspicion to stop you? Did the police search your car, home or body legally? Was anybody else in your car or home in the area where the drugs were found? Click the Possession link above to learn more about possible defenses.
Florida Statute 948.20(1) allows people who “score” mandatory prison time (basically, a Florida score sheet totalling over 44 points) to get probation instead of prison time. Under the statute, you don’t need prosecutors to consent to probation and you don’t even need it to be a drug crime, it can be ANY crime (as long as it’s a non-violent crime)!
948.20 (1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant’s Criminal Punishment Code score sheet total sentence points are 60 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a post adjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term “nonviolent felony” means a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony as defined in s. 776.08
So basically the Statute allows judges, in their discretion to give an offender probation even if they score over 44 but below 60 points. The Modarres Law Firm can file a Motion for Alternative Disposition for you under this statute to avoid mandatory prison sentences.
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Copyright © 2013 The Modarres Law Firm – Orlando Florida Defense Lawyers – Central Florida Criminal Defense Attorneys – All rights reserved. Orlando Criminal Lawyer Disclaimer: The civil rights, criminal, criminal defense or other legal defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Our criminal defense law firm serves the following communities, among others: Orlando, Pine Hills, Apopka, East Orlando, West Orlando, Conway, Bay Hill, Doctor Phillips, Belle Isle, Pine Castle, Oviedo, Ocoee, Winter Park, Winter Springs, Maitland, Eatonville, Winter Garden, Southeast Orlando, Southwest Orlando, Casselberry, Altamonte Springs, Maitland, Apopka, Sanford, Seminole County, Orange County, Heathrow, Lake Mary, Longwood, Midway, UCF, University Park, Thornton Park, Baldwin Park, Colonial Drive, Orange Avenue, Robinson Street, S Orange Avenue, Downtown Orlando, Alafaya Trail, University Blvd, Curry Ford, Lake Underhill, Goldenrod Road, Dean Road, Chickasaw Trail, Pershing, Semoran Blvd, Lake Margaret, Conway.
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