I have spent a career defending specific crimes for our clients. I have written an account of every trial, motion to suppress and substantial assistance agreement over the last 17 years. -
Broward Drug Possession Arrest Lawyer William Moore
Former Special Unit Prosecutor, over 150 criminal jury trials, author of over 1000 articles on criminal defense tactics, criminal correspondent to Ken Sharp Criminal Law Radio. William Moore’s Fort Lauderdale Criminal Lawyers have spent their careers focusing significant efforts on one area of Florida Criminal Defense. If you have been charged with a drug related offense in South Florida, William Moore is the one you are going to want to talk to. For more information or to schedule an appointment contact our Criminal Lawyers in Broward County.
Do you need to speak with Broward County Drug Arrest Lawyer William Moore?
Attorney Moore has defended all degrees of Felony and Misdemeanor offenses in Broward County, Florida. He has tried to verdict almost 200 DUI defense trials and has been actively involved in defending thousands of Drug related crimes. William Moore will always provide his case history and client references. Contact William Moore to schedule a complimentary case evaluation.
William Moore has practiced criminal defense in Broward County, FL for his entire career
He has focused significant efforts in improving the art of this area of criminal defense. Drug Possession lawyers defend cases that hinge on complex constitutional rights. Search & seizure, forensic testing and warrantless arrest issues are not prevalent in other types of criminal cases. Our constitutional rights require a drug possession attorney to thoroughly investigate exactly how an investigation took place prior to arrest. Complex drug laws pertaining to weight and mandatory sentencing also come into play. Drug cases are very different from other crimes when it comes to providing a rock solid defense. On the most basic level, drug possession lawyers may seek to argue that a defendant was: unaware of the illegal or controlled nature of the drug (requiring a special motion), was in legitimate possession of the drug, for instance, with a medical prescription, that the drug was found in an entrapment operation by the authorities, (or) that the rights of the defendant as stated in the Fourth Amendment were violated in a search and seizure operation. Many cases involve allegations that an accused was unaware of the fact that the drugs were in the premises controlled by them. A Drug Possession Lawyer may seek to lessen the degree of felony reduced if the facts are such that it may be established that the drugs were in the possession of the defendant for their own use and not for sale. Florida law also has a provision for Felony charges if the defendant was found in possession of certain drugs such as prescription drugs without a prescription. Providing proper documentation is a valid and immediate defense, however, Drug Possession Lawyers must be cautious in this regard and are advised to review the “New Drug Trafficking” lecture on this website. Drug charges are taken seriously in Florida, and the law invokes strict penalties for these crimes.
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Drugs are called controlled substances, which are listed in Florida Statute Chapter 893 under Schedules I to V of the Comprehensive Drug Abuse Prevention and Control Act. Schedule I include drugs that have high abuse potential, whereas Schedule V has the substances with lowest abuse potential. The list of controlled substances includes street drugs as well as medications prescribed by doctors. Some of the common drugs are cocaine, heroin, marijuana, Oxycontin, opium, codeine, metabolic steroids, and so on. Drug possession lawyers predominately deal with felony cases as marijuana possession is the only “misdemeanor” drug offense. Common charges defended by Drug Possession Lawyers in Florida. Possession of a Controlled Substance According to Florida Statute 893.13 it is illegal for a person to actually possess or constructively possess a controlled substance, excepting those prescribed by a doctor. Actual possession can mean any of the following: •The drug was found in the person’s hand •The drug was found on the person’s body •The drug was found in the person’s clothing •The drug was within the reach of the perso Whereas constructive possession would mean any of the following: The person was aware of the drug being in his or her presence The person had the intention of possessing the drug The person was able to gain control of the drug Mere possession of controlled substance implies the drug was meant for personal use, and the person had not manufactured the substance nor was intending to sell or distribute the drugs. According to Florida Statute 775.082, possession of a controlled substance is a third degree felony offense punishable by up to five years jail time, up to $5,000 fine or a combination of both penalties. However, a repeat offender can receive a third degree felony charge according to Florida Statute 775.084, which is punishable by 10 years jail time. In certain cases, where the person is in possession of marijuana weighing less than twenty grams, then Florida law takes it to be a first-degree misdemeanor, punishable with one year jail sentence and/or up to $1,000 fine. Possession of Controlled Substance with Intent to Sell The intent to sell is determined by the amount of drugs found in the person’s possession. The prosecution still has to prove that the person intended to distribute or sell the drugs. The severity of the charge will depend on: •The type of controlled substance found in the possession of the person •The amount of controlled substance •How the controlled substance was divided or packaged •Whether the person is a repeat offender or has any prior felony charges The type of controlled substance plays an important role in framing of charges. For instance, if the controlled substance is marijuana, the prosecution might bring in third-degree felony charges. On the other hand, if it is cocaine the charges can be second-degree felony. Possession with intent to sell of drugs listed in Schedule I and II usually attracts a second-degree felony charge, punishable with up to 15 years jail time, up to $10,000 fine or a combination of both penalties. If the controlled substance is a prescription drug with medicinal qualities, it may qualify as a misdemeanor charge.
Hire a Criminal Lawyer with Skill and Experience needed to defend your drug possession case in Broward.
Drug Trafficking Florida laws distinguishes drug trafficking from possession of controlled substance with intent to sell, by considering by the quantity of the substance. The severity of charges will also depend on the type of controlled substance found, whether the person was involved in manufacturing the substance, and previous convictions. For instance, Florida Statute 893.135 states that a person found possessing more than 25 pounds of cannabis could be charged with a first-degree felony Drug Lawyer in Broward County Fl. Contact drug arrest lawyer William Moore.
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