Defense for All Types of Drug Related Charges.

How Our Drug Crime Attorneys in Jacksonville Can Help.

If you or a loved one has been arrested and charged with a drug related crime, you are undoubtedly concerned and have many questions. This is the time to speak with our drug crime attorneys in Jacksonville at McGRATH GIBSON LAW.

After being arrested and processed, there will be an arraignment hearing. It is important to understand that this hearing is only supposed to involve entering a plea. HOWEVER, in some cases, judges will tell people who have been arrested that if they plead guilty they will not have to post bail and can go home. It’s probably not surprising that people under this level of anxiety and without the proper guidance might jump at the chance to go home and plead guilty. If this happens, the judge will move directly to sentencing which could not go as good as it could have with proper representation.

Consulting with our drug crime attorneys in Jacksonville before entering a plea can make a huge difference in the outcome of your case. Based on the charges and with our knowledge of how prosecutors are likely to pursue a guilty verdict, we can guide you on the best course of action from the very beginning. And if you decide to plead not guilty after receiving our guidance, we are experts and will work hard to build an effective defense strategy, review and gather evidence, and negotiate with prosecutors on your behalf to deliver the best possible outcome. Don’t go it alone. Our initial consultation is free and can provide you with valuable answers to your questions and concerns right away.

Florida’s Drug Laws and Possible Penalties.

When someone is arrested for a drug related crime, their first question is often “what will happen if I am found guilty”? The answer to this question can be difficult without knowing all the facts related to the arrest and charges. There are minimum and maximum penalties stipulated in Florida Statute 893.13, but a judge’s verdict and sentence can be reduced or even dismissed with a strong defense. The following offers more details about some of the more common controlled substance charges that we defend for clients.

Possession of Marijuana

The penalties for possession of marijuana are based on the amount the person was in possession of when arrested. If the amount is less than 20 grams, the possession charge is a misdemeanor and the maximum fine and penalty is a $1,000 and one year in jail. If the amount was over 20 grams, the possession charge is a felony and the maximum fine and penalty can be as much as $5,000 and 5 years in jail. Other charges can come into play depending on the circumstances of the arrest but these are the maximum fines and penalties for basic possession of marijuana.

Possession of a Controlled Substance

The penalties for possession of a controlled substance depends on which “Class” the controlled substance belongs to. Possession of Class I controlled substances carry the harshest fines and penalties. Most possession charges involve Class I and II controlled substances. Partial lists of Class I and II controlled substances are as follows:

Class I

• Marijuana (Pot)
• Heroin
• Ecstasy (Molly)
• Peyote (Mescaline)
• Methaqualone (Quaalude)

Class II

• Cocaine (Blow)
• Methamphetamine (Meth)
• Fentanyl (Fetty)
• Hydrocodone (Hydro)

Possession with Intent to Distribute

The penalties for possession with intention to distribute varies depending on the controlled substance. Being convicted of distributing marijuana can result in a third degree felony conviction and up to 5 years in prison. But being convicted of distributing other Class I and II controlled substances would be a second degree felony conviction with up to 15 years in prison.

If you or a loved one is facing a controlled substance charge, contact the drug crime attorneys in Jacksonville at McGRATH GIBSON LAW to protect your rights and mount a strong defense against the charges.

How Our Drug Crime Attorneys in Jacksonville Defend Against Drug Charges.

There are numerous possible defense strategies that we can use to negotiate or argue for a reduction in charges and sometimes even have the charges dismissed all together. Which of these strategies depends on the unique aspects of each case. Some of the more common aspects of an effective controlled substance defense may include one or more of the following.

Procedural Errors

It is not uncommon for law enforcement to make mistakes that violate constitutional rights during an investigation or arrest or make errors in official  documentation and reports. Our drug crime attorneys in Jacksonville know the law and know how to uncover these errors and use them to defend our client’s rights.

Entrapment

Entrapment can exist when the person who was arrested for committing a crime was repeatedly encouraged or coerced into committing the crime by undercover law enforcement or someone working with law enforcement, and had they not been encouraged or coerced into violating the law, they would have likely not committed the crime. This defense can be used by convincing prosecutors that what law enforcement did to get the person to commit the crime is likely to be viewed as entrapment by a judge. If we are successful, the charges can be reduced significantly or completely dropped.

Unlawful Search and Seizure

Our experienced drug crime attorneys in Jacksonville fully understand and know the laws that govern exactly how and under what circumstances evidence of a crime or the controlled substances is allowed to be seized. And if your were unlawfully stopped or your home was entered without a warrant, law enforcement has violated the law and your constitutional rights. As a result, we are able to file a motion to suppress evidence that was seized which can lead to reduced charges or the charges being dropped completely.

These are just a few examples of how our knowledge of the law and experience in building effective defense strategies allow us to fully investigate charges related to controlled substances, the circumstances of the arrest, the reliability of witnesses and many other factors that allow our drug crime attorneys in Jacksonville to put up a strong defense for our clients. If you or a loved one has been arrested for a drug related crime, contact us as soon as possible at (904) 358-3300. Our initial consultation is free and will provide you with important guidance.