As former Florida prosecutors, we’ve tried hundreds of cases and bring a rare insider’s perspective to every defense. We understand how cases are built on both sides, which helps us negotiate more effectively, positioning each case for the strongest possible outcome.
Dealing with a Florida drug offense can throw your entire future into flux. The frustration, anxiety and confusion can be overwhelming, especially if you don’t know where to turn in terms of legal assistance. Florida boasts some of the strictest drug laws in the country, and some drug offenses may also carry federal charges. An Orlando drug crimes lawyer is crucial to securing your future with an aggressive legal defense.
Our criminal defense attorneys are adept at helping our clients fight drug offenses in Florida successfully. We treat each client with respect and compassion and work diligently to get you the outcome you deserve to get your life back on track.
There are various types of drug offenses. The one with which you’ve been charged will dictate the possible penalties you face in the Florida legal system. The most common offenses include:
The severity of drug charges vary according to several factors. The charges may vary by the category of the drug, or “schedule,” and where they took place, and charges may be more severe for individuals who have a prior record or in situations where there are aggravating factors. Drug charges, and their subsequent penalties upon a conviction, may be more severe if the crimes occurred near children in Florida. If you’re convicted of a drug offense that took place in or within 1,000 feet of a school zone, you may face harsher consequences. Our Orlando attorneys can help you with any drug charge that could affect your livelihood.
The Orlando drug crime defense lawyers at The Umansky Law Firm have experience defending against drug crimes in Florida that involve the sale, possession, transportation, and manufacturing of illegal controlled substances such as:
Orlando drug crimes and offenses also include the unauthorized use, possession or sale of prescription medications such as:
Orlando drug defense lawyers with The Umansky Law firm can help you fight charges against a myriad of drug offenses, including:
One of the best ways to know if we can help you with a drug-related charge is by scheduling a complimentary case review with a member of our Orlando team.
The specific type of drug possession may impact the charges you face if you’re accused of a drug crime.
While marijuana is still a controlled substance in Florida, possession remains a crime for those who lack a prescription to use medical marijuana. Simple possession of marijuana in Florida is a first-degree misdemeanor with a possible penalty of up to one year in jail and/or a fine of up to $1,000.
Outside of marijuana, possession of any other controlled substance is a felony. This includes trace amounts of cocaine or even a single narcotic pain pill. Paraphernalia with trace amounts of a controlled substance will also net you a felony possession charge in Florida.
Actual possession refers to drugs found on your person, whether in hand, on or in your body or clothing. It doesn’t matter if the clothing in question is yours or not. If it was on you when the drugs were found, they are assumed to be yours.
Constructive possession refers to drugs that were found in an area that you are presumed to control. It also applies to any areas or dwellings you know; examples of such areas include a vehicle or home. These don’t have to be areas you actually own; if you are found in a dwelling, you are generally presumed to control it.
We have honed our defense strategies for different drug offense charges to garner you the best possible outcome for your case in Orlando.
As a former Florida state prosecutor, we have a complete understanding of the strategies used to prosecute drug cases. We have the know-how to fully examine your case and find the details that other attorneys may miss. There are many parts of your case that can be challenged in a court of law. Such things include:
If you are a first-time offender, you may be eligible for a diversion program that upon successful completion, your charges could be dismissed by the Florida drug court. Call us today and schedule a free consultation where we can sit down and discuss your options with you.
Florida drug penalties are stiff, which is why it is vital to work with a qualified Florida drug crimes lawyer. A standard possession with intent charge carries a 15-year maximum penalty for narcotics. Maximum penalties for the same charge relating to marijuana and some hallucinogens, like MDMA, are third-degree felonies with a 5-year maximum.
Distribution or possession with intent offenses that have taken place within 1,000 feet of a church, daycare or school is a first-degree felony with a three-year mandatory prison sentence upon conviction. With this particular offense, there is no opportunity for parole and no chance to be released early. Florida drug trafficking laws also have mandatory sentences beginning at three years, jumping incrementally to 25 years.
The harsh nature of drug penalties in Florida is one of the reasons you need an attorney you can trust. We have worked with countless clients who have been unfairly or wrongly accused of drug offenses because of the amount of discretion given to law enforcement officers on these crimes. Moreover, specific procedures govern searches, seizures and arrests, and are sometimes not followed in the field. For example, we can sometimes prove that any searches relating to the charges were unlawful or question the probable cause element of the arrest. We have proven strategies that help our clients get out of legal hot water where drug offenses are concerned.
Jail time is not automatic for a first-time drug offense, but it remains a real possibility depending on the substance involved and the specific charge. Judges often consider a defendant’s criminal history, the type and quantity of the controlled substance, and whether the charge is a misdemeanor or felony. If you are a first-time offender, you may qualify for a pretrial diversion program, probation, or a reduced charge instead of incarceration. Our drug crime attorneys in Orlando could petition the court and negotiate with prosecutors to seek alternatives to jail if you qualify, particularly if you are facing simple possession charges rather than trafficking or distribution.
Depending on the outcome of your case, you may be eligible to seal or expunge your record under state law. Successful completion of a diversion program, a dismissal, or a withhold of adjudication may make record sealing available. Our firm also handles expungement matters directly, allowing us to evaluate your eligibility as part of your overall defense strategy rather than treating it as an afterthought once your case concludes.
After a drug arrest, early court hearings may include a first appearance or arraignment, where the judge informs you of the charges and you may enter a plea. The judge may also address bond conditions at this hearing, including any restrictions on travel or contact. Working with our attorneys at this early stage could make a meaningful difference, since decisions made at arraignment can affect how your case proceeds. Our team frequently appears alongside clients at these hearings to protect their rights from the beginning of the case.
A felony drug conviction can jeopardize professional licenses in fields such as nursing, education, real estate, and law, and many employers conduct background checks that will reveal a conviction. Even a misdemeanor charge can create obstacles when applying for certain jobs or housing. Because of these long-term consequences, our Orlando attorneys work to resolve cases in ways that limit the effect a charge may have on your career, including pursuing diversion, plea negotiations, or dismissal whenever the facts of the case allow.
If law enforcement searched your car, home, or person without a valid warrant or your consent, a judge may suppress the evidence law enforcement gathered during the search. Our drug crimes lawyers closely examine the circumstances of every stop and search for our Orlando clients, looking for constitutional violations that could weaken the prosecutor’s case. You should avoid discussing the search with police beyond providing basic identification, and contact our office as soon as possible so we can begin reviewing the legality of the encounter.
Given the extent to which Florida metes out penalties for drug offenses, it is crucial to work with a first-rate Orlando drug crimes lawyer. After all, your future is at stake. Trust it to competent legal professionals with experience in cases like yours. The Umansky Law Firm will stand by your side to help you fight drug offense charges.
Reach out to us by phone or contact us online to learn more about how we might be able to assist you with a Florida drug offense.
The Umansky Law Firm Criminal Defense & Injury Attorneys
The Umansky Law Firm Criminal Defense & Injury Attorneys
