Tampa Drug Offenses Lawyer

The war against drugs rages on in Florida and across the United States. Law enforcement agents from local police to county sheriffs to Drug Enforcement Administration (DEA) agents continue to aggressively pursue and prosecute violations of laws controlling banned substances.

In law enforcement’s quest to ban controlled substances and punish those who sell and use these substances, citizens’ rights are constantly violated. Law enforcement agents at all levels routinely stop, detain and arrest individuals without reasonable suspicion of criminal activity or probable cause that a crime has taken place. Law enforcement agents, believing the ends justify the means, may exaggerate or even lie about the facts of a case. No one, including the police, has the right to violate an individual’s constitutional rights.

If you have been accused of a drug crime, it is crucial to have a lawyer on your side who will be vigilant about protecting your rights. At Escobar, Michaels & Associates, our Tampa drug offenses attorneys will begin working immediately on your defense, building a strong case aimed at getting results.

We take on complex as well as relatively minor drug cases involving:

• Illegal drug possession
• Drug trafficking
• Federal drug crimes
• Prescription drug violations
• Drug paraphernalia
• International drug trafficking

We are not attorneys who think “plea bargain first, trial second.” Rather, we prepare every case for trial and will not even begin to consider a plea agreement until we have exhausted all other options. We believe that defense attorneys should only negotiate with the prosecution on a resolution of your matter from a position of strength. This can only happen after the defense has conducted a thorough investigation that considerably weakens the prosecution’s case.

A Powerful Defense Is Your Best Offense If You Face Drug Charges

In the United States, it is estimated that 19 out of 20 (95 percent) drug cases are based on the work of unsupervised and untrained confidential informants. These informants are typically rewarded for the information they collect in terms of reduced charges. As such, informants have a clear incentive to provide false or exaggerated information about drug sales or drug use.

In every case, our law firm will investigate the informant’s background as well as the legitimacy of the informant’s information. If the police make an arrest based on false information, the evidence must be suppressed and the case dismissed. In drug cases as well as in all criminal cases that our defense lawyers handle, we take nothing for granted. We accept no evidence at face value. A detailed investigation often uncovers surprising facts that we put to use for our clients’ defense. A piece of “rock cocaine” that someone bought on a street corner thinking it was a narcotic may have actually been a chunk of salt. After our attorneys review and analyze laboratory test results, we often discover keys to a powerful defense for clients who have been accused of crimes involving drugs.

What Happens If You Get Caught With Drugs In Florida?

The possible consequences for drug possession in Florida depend on several elements. Having small amounts of marijuana may lead to misdemeanor charges, punishable by fines and probation.

However, if caught with large quantities or harder drugs, felony charges may apply. Unfortunately, the potential penalties include incarceration and hefty fines – not to mention a criminal record.

How Long Could You Go To Jail For Possession With intent To Sell In Florida?

It can vary greatly based on the drug type and quantity. In cases involving small amounts of certain Schedule III and IV drugs (steroids, prescription meds), it could be a misdemeanor.

By contrast, possession with the intent to sell most Schedule I and II drugs (heroin, cocaine) is a felony offense.

Do First-Time Drug Offenders Go To Jail In Florida?

It may be possible for first-offenders to avoid jail, but it depends. For example, a first-time offense involving less than 20 grams of marijuana may be punished with probation and fines in Florida. Jail time becomes much more likely with large quantities or hard drugs.

Will I Lose My License For A Possession Charge In Florida?

It is a possibility, even if the drug arrest was not driving-related. A conviction for possessing any controlled substance, including marijuana, can lead to a mandatory driver’s license suspension of at least six months. Judges sometimes allow a restricted license for work purposes, but it is not guaranteed.

What Is A Simple Possession In Florida?

Simple possession means you are accused of having an illegal drug but not selling it. The severity hinges on the drug type and amount. Again, a small amount of marijuana might be a misdemeanor, but other drugs or larger quantities can be felonies. Possible penalties include fines, probation or even jail time.

Florida offers diversion programs focused on rehabilitation instead of jail for some first offenses and simple possession cases. If eligible, our lawyers can guide you through this process and protect your rights.

How Are Drugs Scheduled And Classified In Florida?

Florida classifies controlled substances into five schedules based on their potential for abuse and accepted medical use.

• Schedule I substances, including heroin and LSD, have no accepted medical use and carry the highest potential for abuse. The law considers these drugs the most dangerous, leading to the most severe penalties upon conviction.
• Schedule II drugs like cocaine, methamphetamine and many prescription opioids have limited medical applications but maintain a high potential for abuse. Even legitimate prescription holders face serious charges if they possess these substances without proper documentation.
• Schedule III entails drugs with moderate to low abuse potential, including certain steroids and medications containing limited amounts of codeine. While having accepted medical uses, unauthorized possession still results in significant legal consequences.
• Schedule IV substances, like prescription anxiety medications and sleep aids, have legitimate medical uses but still require strict oversight. The lower abuse potential of these drugs does not diminish the seriousness of charges related to their unauthorized possession or distribution.
• Schedule V includes medications with the lowest potential for abuse, containing limited quantities of narcotics. Though these carry lighter penalties compared to other schedules, their misuse still attracts law enforcement attention.

What Types Of Drug Offenses Does Escobar, Michaels & Associates Handle?

We handle cases across the full spectrum of drug-related charges through our extensive knowledge of state and federal drug laws.

• Drug trafficking charges: Arise when the quantity of substances involved exceeds statutory thresholds. These cases demand immediate legal intervention, as Florida’s mandatory minimum sentences leave little room for judicial discretion without a strong defense strategy.
• Distribution charges: Often result from law enforcement operations using questionable surveillance techniques or unreliable informants. Since filing any drug distribution case requires extensive evidence, we scrutinize every detail to identify constitutional violations that could lead to dismissal.
• Possession charges: While seemingly straightforward, they often involve complex questions of constructive possession and search legality. Law enforcement does not always get it right and we frequently discover that officers have overstepped their constitutional boundaries during searches and seizures.
• Manufacturing charges: Require prosecutors to prove the actual production of illegal substances. These cases often rely heavily on circumstantial evidence, providing numerous opportunities for successful defense strategies.
• Prescription fraud allegations: They demand particular attention to detail, as they frequently involve complex medical records and pharmacy documentation.

We believe that the path to justice starts with understanding the specific nature of your charges.

Contact Escobar, Michaels & Associates

When you are serious about the legal matter you are facing and you want a team of aggressive lawyers on your side, call or email our law firm to get started.

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