Kendall Drug Possession with Intent to Sell Lawyers – Your Guide to Navigating a Complex Legal Situation
Getting charged with drug possession with intent to sell in Kendall, Florida can be a scary, overwhelming experience. The penalties are severe, and the laws complex. Having an experienced criminal defense lawyer on your side is crucial. But where do you start? This article provides a helpful overview of the charge, potential defenses, and how an attorney can help.
Understanding the Charge
In Florida, drug possession with intent to sell is treated as a felony. It applies when someone possesses illegal drugs along with evidence they planned to sell or distribute them. This includes:
- Having a large quantity of drugs
- Packaging materials like baggies or scales
- Large amounts of cash
- Texts or recordings discussing drug sales
Unlike simple possession, intent charges have mandatory minimum prison sentences under Florida law. The length depends on the type and weight of the drug. For example, possessing more than 10 grams of substances like heroin or MDMA carries a 3 year mandatory minimum sentence.
The penalties get far more severe for larger amounts. Possessing over 400 grams of cocaine can result in a mandatory minimum 15 year prison sentence. With large quantities, charges can even be upgraded to drug trafficking which carries up to life in prison.
Why You Need an Experienced Lawyer
The penalties for drug possession with intent make having an experienced criminal defense attorney essential. The laws are complex, and prosecutors often pursue the harshest charges possible.
A knowledgeable lawyer understands the intricacies of Florida drug statutes and sentencing guidelines. This allows them to identify potential weaknesses in the prosecution’s case. For example, they may argue you never intended to sell the drugs, but merely possessed them for personal use.
An attorney can also negotiate with the prosecutor to reduce charges or secure a favorable plea bargain. This is critical, as it could be the difference between months in jail versus years in prison.
Hiring a lawyer early in the process – ideally prior to your arrest – gives them time to build the strongest defense strategy possible. An attorney can help guide you on what to say during questioning and prevent you from making statements that hurt your case.
Common Defenses in Drug Possession Cases
There are various legal defenses that can be used to fight drug possession with intent to sell charges. A skilled lawyer will evaluate the specifics of your case to determine if any could result in reduced or dismissed charges.
Lack of Intent to Sell
As mentioned, the prosecution must definitively prove you intended to sell or distribute the drugs. But what if you legitimately possessed them for personal use?
An attorney can argue lack of intent to sell through various strategies. For example, highlighting that no cash, baggies, or scales were found. Or providing evidence of addiction treatment showing you struggle with substance abuse.
Illegal Search and Seizure
How the police obtained the drugs is crucial. If your rights were violated through an illegal search, an attorney can file a motion to suppress the evidence. This could result in the entire case being dismissed.
Common illegal search scenarios include lack of probable cause for a search, issues with a search warrant, or violation of your Miranda rights. An experienced lawyer thoroughly examines the legality of the investigation and arrest.
Entrapment
A skilled attorney also evaluates whether police improperly coerced or induced you into committing a crime. This is known as entrapment, and it is not a valid arrest.
For example, if an undercover officer pressured you multiple times to get drugs after you showed no interest. Or if the informant threatened you unless you obtained drugs for them.
Misidentification
Police sometimes arrest the wrong person by mistake. An attorney gathers all evidence to prove you were misidentified and had no involvement with the drugs. This may include cell phone records, receipts, eyewitnesses, and security footage.
How a Kendall Drug Crimes Lawyer Can Help
Facing drug charges with potential lengthy mandatory minimum sentences makes hiring a criminal defense attorney essential. One located in Kendall that regularly handles local drug cases is best equipped to protect your rights. Here are some of the key ways a lawyer can help:
- Thoroughly examine the prosecution’s evidence and identify any illegal actions, procedural errors, or weaknesses
- Negotiate with the prosecutor to reduce or dismiss charges
- Develop an effective legal strategy highlighting defenses like lack of intent
- File motions contesting any constitutional rights violations
- Present persuasive arguments in your defense at hearings and trial
- Guide you through the complex legal system and ensure your rights are protected
- Advocate for the most favorable outcome possible, including minimizing penalties
The severity of drug possession with intent charges makes navigating the legal process daunting. An experienced local lawyer levels the playing field and fights to protect your freedom. Don’t leave your fate in the hands of the prosecution – a knowledgeable attorney can make all the difference.