ESCOBAR AND ASSOCIATES ANNOUCEMENT REGARDING COVID-19

Escobar and Associates Attorneys at Law remains open during the COVID-19 Coronavirus pandemic. Legal services are defined as “essential” within the Stay at Home Order executed by Florida Governor, Ron DeSantis. We remain committed to providing uninterrupted legal services to all clients. We also remain dedicated to the health and safety of our clients and staff. Within the office, our firm has already implemented protocols to keep clients and staff safe during this crisis. We understand as criminal defense attorneys how crucial it is for our attorneys and staff to remain available 24 hours a day, seven days a week to provide legal services for clients in need.

Your pursuit of justice starts here!

Speak to an attorney 24 hours a day free consultations

Email Us & Get Help
Today

How is illegal drug distribution defined in Florida?

| Dec 5, 2014 | Drug Charges

Florida law distinguishes between two types of crimes that involve illegal drugs: possession, and possession with intent to distribute. This post breaks down how these two crimes differ from each other.

Under the law, possession with intent to distribute illegal drugs is an offshoot of the crime of drug possession. Thus, to prove that a defendant is guilty of drug distribution, the prosecution must first prove all of the elements of illegal drug possession. 

These elements include:

  • The drug must be a controlled substance under Florida law;
  • The defendant knew, or at least should have known, of the illegal nature of the drug and that it was present (that is, he or she was in possession of it); and
  • The defendant was in control of the location where the illegal drug was (“possession” need not only be the presence of the drug on the defendant’s person).

To prove intent to distribute, the prosecution must add another element of proof: that the defendant intentionally (“knowingly”) participated in drug trafficking activity.

Proving this element depends on a number of factors, including the type of illegal drug involved, its quantity, and specific behaviors of the defendant. Depending on the combinations of these factors, a conviction may result in a misdemeanor sentence at the low end to a second-degree felony.

Both illegal drug possession and distribution are “intent” crimes, meaning that a conviction cannot ensue based on unknowing possession of illegal drugs. There are other possible defenses available, such as illegal search and seizure by the police or even entrapment.

Because of the varying penalties and the possibility of plea negotiations with the prosecution, the selection of an attorney to defend against drug possession or drug trafficking charges is a key decision to make for anyone accused of a drug charge in Florida.

Experienced and knowledgeable counsel can make a significant difference in securing either an acquittal, or at least the lowest possible sentence.

  • Martindale-Hubbell | Top rated lawyer in Tampa | Richard Escobar | For Ethical Standards and Legal Ability | Martindale-Hubbell Top rated lawyer
  • Top Lawyers 2016 | Richard Escobar
  • Top Lawyers 2016 | Dino Michaels
  • Highest Possible Rating in Both Legal Ability & Ethical Standards | AV |AV Preeminent | Richard Escobar | 2016
  • Judicial Education | AV | AV Preeminent | Richard Escobar | 2016
  • CLIENT | DISTINCTION AWARD | Dino mike Michaels, Esq. | Recognized for Excellence | Quality of Service | Overall Value | Responsiveness | Communication Ability
  • 15 | YEAR | Anniversary | Proudly Serving | the Community | Since 2001 | Dino Mike Michaels
  • 10 Best 2018 | Richard Escobar | Client Satisfaction | American Institute Of Criminal Law Attorneys

Archives

Email Us & Get Help
Today

FindLaw Network