Top Melbourne, FL Drug Crime Lawyers Near You

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What Is Considered a Drug Crime?

Drug crimes are some of the most common crimes in the United States, ranging from (unlawful) possession of a controlled substance to large-scale drug trafficking and racketeering. Drug crimes encompass any illegal actions involving controlled substances. Controlled substances include illegal narcotics like heroin, cocaine, and methamphetamines. Drug crimes can also involve selling, distributing, or possessing controlled prescription drugs like oxycodone or Vicodin.

Can I Be Arrested for Using Drugs?

It is generally not a drug crime to be “high” or under the influence of drugs. However, if you still have any drugs in your possession, you may be charged with possession. You could also be charged with possession of drug paraphernalia if you have something with drug residue, like a pipe. If you are high in public, you could face a ticket for public intoxication. However, if you are caught driving while impaired by drugs, you can face a drug DUI or DWI.

What Are Some Examples of Drug-Related Crimes?

The most common drug crimes in the U.S. are drug possession charges. Having one or more illegal drugs in possession is against the law. Some states consider possession of small amounts of marijuana to be a petty offense or infraction. However, drug possession is still a misdemeanor criminal offense in most states. Drug possession with intent to distribute may include a suspect caught in the act of trying to sell drugs. Drug distribution could also be charged if the suspect is in possession of a larger amount of drugs or with indicators of sales, like scales, baggies, and large amounts of cash. Drug possession with intent to distribute is generally a more serious charge than simple possession. Drug trafficking and manufacturing drugs are among the most serious drug offenses. Drug trafficking is generally a felony, with penalties including years in prison. Large-scale drug operations can also involve related charges like racketeering and money laundering.

What Are the Penalties for Different Drug Crimes?

The penalties for drug crimes can depend on the type of drugs, the amount of controlled substance, and whether the drugs were for personal use or for sale. Penalties can also depend on the surrounding circumstances, related charges, and the defendant’s criminal history.

What Are the Penalties for Simple Possession?

Simple possession generally involves possession of a small amount of drugs, generally an amount to be considered for personal use. The maximum amount is generally based on drug laws, not based on the amount the defendant generally consumes. In most states, a simple possession case is a misdemeanor. However, a first-time offense can often result in probation instead of jail time.

What Are the Penalties for Selling Drugs or Trafficking?

Those convicted of large-scale drug trafficking could see between 10 years to a life sentence if convicted. Possession with intent to distribute is generally a felony, charged at the state level, and penalties vary based on the individual facts of the case. Penalties can increase based on the type of controlled substance, amount involved, and related crimes involved.

Is Medical Marijuana Possession a Crime?

The majority of states now have laws for limited medical marijuana use and possession. A large number of states and territories have also legalized recreational cannabis. However, some states still treat marijuana like other controlled substances. Under federal law, medical marijuana remains a Schedule I controlled substance.

Can I Get Probation for a Drug Crime in Florida?

Probation is a monitored release where you still have to follow certain rules and restrictions to stay out of jail. Probation can require regularly meeting with your probation officer, drug testing, curfew, holding down a job, or other conditions. Individuals can get probation as a way to avoid jail time or as part of a plea deal. Getting probation depends on the seriousness of the crime and other factors, so you can talk to an experienced criminal defense attorney about how to get probation.

Do I Need a Lawyer for a Drug Crime?

If you are facing drug-related criminal charges, an experienced criminal defense lawyer can give you legal advice about your rights, defense strategies, and legal options to avoid a permanent criminal record. Your drug crime lawyer can also help you get approved for a drug diversion program, drug court, or deferred judgment to keep the drug charges off your record.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.