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Defense for Drug Sales Charges in Florida
In the state of Florida, it is illegal to sell drugs or possess drugs for the purpose of sale if you do not have a license to do so. This act is prohibited by § 893.13 of the Florida statutes. However, many individuals are wrongfully charged with this crime. If you have been charged with drug sale or possession for sale, a Tampa drug attorney from our firm can provide you with the defense you need. This is a second degree felony offense in most cases, which puts you at risk for serious penalties such as fines and imprisonment. When the stakes are high, put your future in the hands of a law firm you can trust.
Taracks & Associates has more than 30 years of experience defending those charged with drug sale and related offenses. Our firm understands Florida drug laws and has a comprehensive understanding of the legal system. The criminal lawyer at our firm was once a prosecuting attorney, giving us the ability to see drug sale cases from all angles. An illegal controlled substance conviction on your record can cause significant damage to your reputation. Let us fight to secure the outcome that you deserve, because you are innocent until proven guilty.
Florida Statutes § 893.13: Drug Laws
According to Florida drug laws, it is illegal to sell or deliver more than ten grams of an illegal controlled substance. If you are arrested for selling or possessing to sell an illegal narcotic in the amount of more than ten grams, you will be charged with a first degree felony. Possessing to sell or the actual sale of drugs with a lower schedule or in a smaller amount could warrant a second or third degree felony charge. There are a variety of ways law enforcement officials are able to make these types of arrests. For one, they may have posed as a buyer. In some cases, this could raise the question of entrapment. Entrapment involves certain conduct by law enforcement that coerces a person to commit a crime they, under normal circumstances, would not have committed.
Law enforcement officers may have searched your person or property without probable cause or without a search warrant, which is a violation of your constitutional right to be free from illegal search and seizure. Another factor that could warrant these arrests is alleged possession of drug paraphernalia such as drug packaging, scales, etc. These evidences could potentially indicate drug sale, and could warrant an arrest.
Defenses Against Drug Sale Charges in FL
There is hope if you have been arrested for drug sale or possession of drugs for sale. Although you face a serious felony charge, there are defenses that your Tampa drug sales attorney can use. At Taracks & Associates, one potential way that we could fight to get your drug charges dismissed or reduced is by calling into question how the evidence was obtained. Evidence cannot be used in the court of law if it was obtained illegally and without a proper warrant. Without evidence, your criminal charges may not have grounds and could consequently be dropped. We may also be able to contest intent. If you were arrested for “possession for sale,” we could potentially make a case that you were in possession of the drug for personal use, not for sale or distribution.
After an arrest for a drug sale crime, you have the right to remain silent and you have the right to an attorney. We suggest that you utilize both these rights by refusing to answer the law enforcement officers’ questions until you have obtained legal counsel from our Tampa drug crime defense attorney. We have handled hundreds of criminal trials and have also been successful in resolving many cases before they reach trial.
If you would like to learn more about how our firm could help you, please contact us today for a free case evaluation!