DRUG CASES

Drug cases are unique because they are the most likely to involve a violation of the suspects Constitutional Rights. These Cases require an in depth look at the actions of Law Enforcement both before and after the arrest. Some of the types of Drug cases are listed below.

Types Of Drug Charges

Possession

Actual Possession is to have personal charge of or exercise the right of ownership, management or control over the thing possessed. It also means that the substance in the hand of or on the person or in a container in the hand of the person, or that the substance is within reach of the person.

Constructive Possession occurs when the substance is in a place over which the person has control or in which the person has concealed it.

Possession with Intent to Sell or Deliver - is simply possession with additional evidence of intent by the possessor to sell or deliver to substance to another.

Delivery

Delivery means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Sale

Sale means to transfer or deliver a substance to another person in exchange for money or something of value or the promise of money or something of value.

Trafficking

Trafficking is essentially one of the above listed crimes coupled with a specific amount of the controlled substance in question. The amount needed to elevate a charge to trafficking depends on the controlled substance in question. A trafficking charge can arise from a few pills or from pounds of marijuana. Trafficking usually carry mandatory Florida State prison Sentences.

Conspiracy

Conspiracy means that the person intended for a crime to be committed and the person agreed, conspired, combined or confederated with another person to cause the crime to be committed.

Solicitation

Solicitation means that a person solicited another person to commit a crime by commanding, encouraging, hiring or requesting that they do it.

Attempt

Attempt means that a person did some act toward the commission of a crime (more than thinking or talking about it) and the crime would have been committed except someone stopped it or the person failed in their attempt.

Manufacture/Cultivation

Manufacture means the production, preparation, packaging, labeling, propagation, compounding, cultivation, growing, conversion, or processing of a controlled substance, either directly or indirectly.

Obtaining A Controlled Substance By Fraud

This is charged when a person tries to obtain a controlled substance through misrepresentation, fraud, forgery, deception or subterfuge. These charges usually arise from the forging or altering of a prescription.

Defenses

Listed below are some of the possible defenses to a Drug charge:

4th Amendment Violations (Illegal Search and Seizure)

One of the most common defenses to a drug charge is a 4th Amendment violation. The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. A search can be defined as anything from a minimal pat down of a person's outer clothing to a thorough search of their vehicle or home. A seizure occurs when a person has their freedom of movement taken away from them by law enforcement.

Mere Proximity Defense

Means that the mere proximity to a controlled substance is not sufficient to establish control over the substance when it is in a place that the person has no control over.

Constructive Possession Defense

If the substance is in a place that the person does not have control over, the government must prove the person is:

1. control over the substance
2. Knowledge that the substance was in the person's presence
3. Knowledge of the illicit nature of the substance.

Weight/Number

Simply that the weight or quantity of the substance didn't equal the amount required by the crime that was charged.

Testing

The testing of the drug was done improperly or inaccurately.

Sentences

Drug Offender Probation

This is a special type of probation that focuses on helping drug offenders overcome their drug addictions. It includes drug evaluations and treatment, random urine screens and close monitoring by the courts.

Drug Treatment

Society offers many drug treatment options to people suffering from drug addiction. Often the courts will sentence drug offenders to drug treatment programs. These programs range from AA/NA to Residential Rehab Programs. In my years of experience I have found that the closer to the date of offense one starts a drug treatment program, the more likely the Judge will sentence them to the program instead of prison.

Jail or Prison

Many drug charges carry mandatory prison sentences. Sometimes jail is an alternative because many jails have "in house" drug treatment programs.

Questions You Should Ask About Your Drug Case

THE STOP

• Did the officer violate your constitutional rights by stopping you illegally?
• Did the officer stop you based on bad information from an unknown informant?
• Did the officer stop you based on a hunch?

THE SEARCH

• Did the officer violate your constitutional rights by searching you or your vehicle illegally?
• Did the officer have a warrant?
• Did the officer trick or intimidate you into consenting to an illegal search?

THE INTERROGATION

• Did the officer read you your rights before asking incriminating questions?
• Were you tricked or intimidated into waiving your right to remain silent?

THE ARREST

• Did the officer have probable cause to arrest you?
• Did the officer charge you with more offenses than he should have?