Fort Walton Beach Drug Crimes Defense Attorney.
Defending people arrested for Drug Crimes in Fort Walton Beach, Crestview, Niceville, Destin, Navarre, and throughout Okaloosa and Santa Rosa County,Florida
It is morally wrong that the government has declared war on its own people with the “war on drugs.” Drug crimes are almost always victimless crimes yet our prisons have more drug offenders in them than violent offenders. This is sad, but true.
In Okaloosa, Santa Rosa, and Walton County , prosecutors take drug charges very seriously. Judges routinely hand out lengthy jail and prison sentences. In this harsh and unforgiving environment, a drug conviction can prevent you from getting financial aid for college. It can prevent you from being considered for a good job. With the increasing reliance on mandatory minimum sentences, it can result in you going to prison.
Fortunately, an effective attorney can protect both your freedom and your record.
The bottom line is that even though drug charges are very serious, and the potential penalties are devastating, there is still hope. At this point, you have only been accused. You have NOT been convicted.
My job is to make sure it stays that way.
What Can An Attorney Do For Me If The Charge Is So Serious?
If you are charged with a drug crime in Okaloosa, Santa Rosa, or Walton County , your best chance to avoid a permanent conviction on your record and a possible prison sentence is to call me at (850) 243-6097 right away and schedule your free consultation.
Obviously, we will discuss them in greater detail when we meet, but I will summarize some of the ways to resolve your Okaloosa, Santa Rosa, or Walton County drug charge here:
Focus on police conduct.
In just about every drug case, there is some type of search by the police. This raises many legal issues, since the constitution protects you from unreasonable searches and seizures by the government. If your case involves a vehicle stop, the police must be able to articulate a valid reason for this stop. If the police searched your car, they must have had probable cause to search. If the police searched your home, they should have had a valid search warrant. If the proper legal standards were not followed, I will file a Motion to Suppress Evidence. If this motion is granted, your case will be dismissed.
Pretrial Diversion.
If there are no legal issues available to get your case dismissed right away, there are still options. Pretrial Diversion, also called Pretrial Intervention in Okaloosa County , is a program that may be available. Under this program, you would agree to complete certain requirements within one year. If you complete those requirements, and do not get any new arrests, the State Attorney agrees to dismiss your case.
It is important for you to know that if you are facing a drug charge in Fort Walton Beach, Crestview, Niceville, Destin, Navarre, or anywhere in Okaloosa, Santa Rosa, or Walton County, the State Attorney will not just let you into this program automatically. It is a lengthy and complicated negotiation that I will do for you.
Treatment and Counseling.
If you are facing a drug charge in Okaloosa, Santa Rosa, or Walton County , one option to resolve your case without going to prison is in-patient treatment. This is usually only used as a last resort for clients who have prior drug convictions, or who have a serious drug problem. Some clients are worried about the cost of these programs. If I am able to negotiate treatment as an alternative to prison for you, and the Judge orders it as part of your sentence, the State of Florida must assist you with the placement and cost of the treatment program.
Expungement and Record Seal.
If we are able to resolve your drug charge without a conviction, your Okaloosa, Santa Rosa , or Walton County Drug Possession charge can be expunged, or the record can be sealed.
I have an entire page on this site devoted to expungements and record seals. Please click here for more information.
So Tell Me About Drug Charges in Florida .
Chapter 893 of the Florida Statutes is the “drug statute.” It controls the possession, manufacture, sale, and delivery of controlled substances in Florida .
Possession of Controlled Substance
It is important to tell you that possession of any amount of controlled substance in Florida is a Felony with the one exception being possession of less than 20 grams of marijuana. What this means is that if you are accused of possessing any amount of cocaine, methamphetamine, heroin, ecstasy, GHB, etc, you are facing state prison.
The most obvious way we possess something is to have it on us. But what if drugs are found in a car you are riding in? This is called constructive possession. It comes up when drugs are found in an area that you had control over. If this applies to you, there is a better chance of winning your case, because the State must prove not only that the drugs were there, but that you KNEW the drugs were there, and what they were.
Drug Trafficking.
The offense of “trafficking” in drugs in Florida is widely misunderstood. It does not require that you be part of an organized or sophisticated drug operation. It simply means that you possessed an amount of a controlled substance that meets the statutory guidelines for trafficking. The quantity varies with the specific drug involved and as the quantity increases, so does the potential mandatory minimum prison sentence.
Here is a summary of some of the more common provisions here:
Cocaine:
- If the amount possessed is 28 grams or more, you face a trafficking charge.
- If the amount is between 28 grams and 200 grams, you face a mandatory sentence of 3 years state prison.
- If the amount is between 200 and 400 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 7 years.
Hydrocodone/Oxycodone
- If the amount possessed is 4 grams or more, you face a trafficking charge.
- If the amount is 4 grams or more, but less than 14 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 3 years.
- If the amount is between 14 and 28 grams, you face a mandatory minimum sentence of 15 years in state prison.
Methamphetamine
- If the amount possessed is 14 grams or more, you face a trafficking charge.
- If the amount is 14 grams or more, but less than 28 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 3 years.
- If the amount is between 28 and 200 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 7 years.
- If the amount is between 200 and 400 grams, you face a mandatory minimum sentence of 15 years in state prison.
- If the amount is over 400 grams, you face life in prison.
Ecstasy
- If the amount possessed is 10 grams or more, you face a trafficking charge.
- If the amount is 10 grams or more, but less than 200 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 3 years.
- If the amount is between 200 and 400 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 7 years.
- If the amount is between 400 grams and 30 kilograms, you face a mandatory minimum sentence of 15 years in state prison.
- If the amount is over 30 kilograms, you face life in prison.
Marijuana
- If the amount possessed is either 25 pounds, or 300 plants, you face a trafficking charge.
- Trafficking in Marijuana carries a mandatory sentence of 3 years state prison.
