A Delray Beach drug lawyer can help with misdemeanor and felony charges for drug possession, selling, and trafficking. Regardless of the drug charge you face, a conviction on your record would be costly and it can hold you back in your personal and professional life. It is a mistake to plead guilty to even a misdemeanor drug offense without first talking to a lawyer, and it is a bigger mistake to face drug charges on your own. Our lawyers can provide a complete evaluation of your drug case – call (561) 588-2781 to set up a free confidential evaluation.
Drug Dealing Crimes in Delray Beach
Drug sales are felonies, punishable by a prison sentence. Drug sale arrests typically involve the use of a confidential informant who is equipped with an audio and/or video device to record the transaction. Police officers provide money to confidential informants to purchase drugs from the drug dealer. Law enforcement frequently uses the confidential informant to perform multiple drug purchases from the drug dealer.
The penalties for dealing drugs in Delray Beach can vary depending on the type and form of drug. It is important to note that in addition to possible prison time, convicted drug dealers will also face having their driving privileges suspended for one year and having any professional license suspended as well.
- Sale of Cocaine: Selling cocaine either in powder or rock form is typically a second degree felony, punishable by up to 15 years in prison.
- Sale of Marijuana: Selling marijuana is typically a third degree felony, punishable by up to 5 years in prison.
- Sale of Ecstasy/MDMA/Molly: Selling MDMA is typically a second degree felony, punishable by up to 15 years in prison.
- Sale of Prescription Pills: Selling prescription pills that are controlled substances is a second degree felony, punishable by up to 15 years in state prison. Examples include sale of: oxycodone (Percocet), hydrocodone (Vicodin), alprazolam (Xanax), and Adderall.
- Sale of Heroin: Selling Heroin is typically a second degree felony, punishable by up to 15 years in prison.
- Sale of LSD: Selling LSD is typically a third degree felony, punishable by up to 5 years in state prison.
- Sale of Psilocybin (Mushrooms): Selling Mushrooms is typically a third degree felony, punishable by up to 5 years in state prison.
Regardless of the drug or charge, if you have been arrested for selling or dealing drugs, contact an experienced criminal defense lawyer from Bottari & Doyle to go over your options.
Drug Trafficking Crimes in Delray Beach
Drug trafficking can be charged for large-scale possession, transportation, or sale of a controlled substance, and it is punished extremely harshly. Federal drug trafficking laws trigger application of the Federal Sentencing Guidelines upon conviction for a federal drug crime, which means that what you may have thought was a simple underage Drug Possession or a Possession of Marijuana with Intent to Distribute charge can quickly turn into a serious federal crime.
Marijuana Drug Trafficking in Delray Beach
According to Florida state law, a person commits drug trafficking when he or she knowingly sells, purchases, possesses, manufactures, delivers or brings into Florida, 300 or more cannabis plants or cannabis weighing more than 25 pounds. Trafficking in Cannabis is a first-degree felony, punishable by up to 30 years in state prison, with the minimum mandatory sentences listed below.
- 25 lbs – 1,999 lbs: 3 year minimum mandatory prison sentence, $25,000 fine. 300 to 1,999 cannabis plants: 3 year minimum mandatory prison sentence, $25,000 fine.
- 2000 lbs – 9,999 lbs: 7 year minimum mandatory prison sentence, $50,000 fine. 2000 plants to 9,999 plants: 7 year minimum mandatory prison sentence, $50,000 fine.
- 10,000 lbs or more: 15 year minimum mandatory prison sentence, $200,000 fine. 10,000 plants or more: 15 year minimum mandatory prison sentence, $200,000 fine.
Heroin Drug Trafficking in Delray Beach
According to Florida state law, a person commits drug trafficking when he or she knowingly sells, purchases, possesses, manufactures, delivers or brings into Florida, 4 grams or more of morphine, opium, or hydromorphone or 4 grams to 30 grams of any mixture containing those substances. Trafficking in Heroin is a felony, punishable by up to 30 years in state prison, with the minimum mandatory sentences listed below.
- 4 grams to less than 14 grams: 3 year minimum mandatory prison sentence, $50,000 fine.
- 14 grams to less than 28 grams: 15 year minimum mandatory prison sentence, $100,000 fine.
- 28 grams to less than 30 kilograms: 25 year minimum mandatory prison sentence, $500,000 fine.
- 30 kilograms or more: Life in prison.
Do I need a Criminal Defense Lawyer for Drug Dealing or Drug Trafficking?
Yes. Drug Selling and Drug Trafficking are serious accusations that can lead to a felony on your record and time in prison. If you've been charged with drug possession, selling drugs, or drug trafficking, you should speak to a Delray Beach criminal lawyer immediately to learn more about your rights, possible defenses, and the complicated legal system.
Common defenses to drug crimes include:
- Illegal Search or Seizure: Law enforcement must comply with the law prior to searching or stopping someone. If a police officer stops you without enough evidence to meet the required legal standard, then any drugs found on you or in your car may be suppressed. Suppression prevents the prosecutor from using any illegally obtained evidence against you in court, often forcing the prosecutor to dismiss the case.
- Insufficient Evidence to Prove Possession: There are two types of possession: Actual Possession and Constructive Possession. Constructive Possession is often difficult for the state to prove. In the following example, the state would have difficulty proving the defendant constructively possessed drugs.
Example: The defendant drove his vehicle with a passenger in the front seat. The defendant's vehicle is lawfully stopped by a police officer for speeding. The passenger pulls out a bag of marijuana and places it by his feet. The police would have a hard time proving that the defendant had the ability to exercise control over the marijuana.
Contact a Delray Beach Drug Crime Lawyer at Bottari & Doyle
Don't make the mistake of representing yourself and don't take a plea deal too early – there may be a defense to your case that is being overlooked. If you have been charged or arrested in with Drug Possession, Selling Drugs, or Drug Trafficking anywhere in South Florida, contact the Delray Beach drug lawyers at Bottari & Doyle for a free case evaluation to discuss your options.