How much is bail for a drug charge?
For many people, there is a familiarity of how the process works in posting bond after being arrested, especially on drug charge. Bail is set after you have been arrested, then taken to jail where you’re arraigned before a judge. The judge will read the charges and ask you how plea, then they will set bail, the amount needed to get you out of jail. On occasion, a defendant is denied bail.
The amount of bail on drug charges is set by the reigning judge who uses several factors to determine the amount, or if bail should be denied. Each state has different levels and each city within the state will have different amount for drug bail charges. The main factors will be the defendant’s criminal history and the situation surrounding the arrest.
For example, in Lake County Florida, a drug charge bail can start at $1,000 for a misdemeanor possession of less than 20 grams of cannabis. A drug trafficking charge bail of a controlled substances can have a bail in the amount of $50,000. Some of the factors that are considered are:
- The circumstances of the offense at time of arrest.
- The evidence.
- The defendant’s family ties, length of residence, community reputation, employment, financial resources, and mental stability among other things.
How much time can you get for a drug charge?
It can depend on the drug in possession when arrested. The sentence can be a three year minimum prison time with a possible fine of $50,000 or you could be sentenced to life in prison and no parole. If the defendant was selling any drugs, simply possessing a controlled dangerous substances (CDS) can be charged with drug trafficking.
With an aggressive stance, the State of Florida has 5 schedules for classifying controlled dangerous substances and illegal drugs, basing these classifications on the medical value and possibility of abuse. The prosecution team typically seek the maximum in fines and/or jail sentencing. Th schedule of classifications are as follows:
- Schedule I: High potential for abuse that have no medical use.
- Schedule II: High potential for abuse with some accepted medical use, holds severe restrictions.
- Schedule III: Potential for abuse at a lesser extent than above mentioned with an accepted medical use.
- Schedule IV: Drugs with a lower possibility of abuse and have accepted medical use.
- Schedule V: Drugs with the lowest possibility of abuse and have an accepted medical use.
The amount of any drug on a person at the time of arrest will be a considered factor in determining the penalty. The list of drug charges and penalties are:
- 1st degree felony for over 10 grams of a Schedule I drug faces 30 years jail sentence with possible fine of $10,000 minimum.
- 3rd degree felony for over 10 grams of other CDS is a 3rd degree felony faces 5 years prison time with possible fine of $5,000 minimum.
- 1st degree misdemeanor for over 20 grams of marijuana faces 1 year prison time with possible fine of $1,000 minimum.
- 3rd degree felony for more than 20 grams faces 5 years prison time with possible fine of $5,000 minimum.
Can a possession charge be dropped?
Individuals that are faced with drug charge bail will attempt to have their drug charges dropped. Florida courts and judges are no easy to convince dropping drug possession charges. The assistance of a criminal attorney with experience in drug charges is advised. They will have the experience and knowledge in working with one of the following excuses:
In sufficient evidence is a common defense in Florida. This leaves the state with burden of proof beyond a reasonable doubt. Of elements of a drug charge can be proved by the state, the charges could be dismissed.
The defense of constructive possession is when cocaine is found in a place where multiple person has had access. This defense is helpful for an attorney post drug charge bail for a defendant because the state has to prove the accused had knowledge of the drugs and the ability to maintain control.
ILLEGAL SEARCH AND SEIZURE
Another strong defense that criminal attorney and their clients favor that can lead to the drug charges being dropped. The Constitution of the United States requires that law enforcement act with reasonable search or seize. With this constitutional right has been violated, there chance of having the drug charges dropped.
Other possible ways to have drug charges dropped include Lack of Knowledge, Overdose Defense, Prescription Defense, Temporary Possession, Alibi, and Entrapment.
Can you get bail on a felony charge?
A defendant that been pre-trial released or on a felony probation when arrested again on a drug charge, denied bail will be ruled by the judge. Or if the defendant has previous arrest for any of the following, drug charge bail will be denied:
- Capital felony
- Life felony
- Sexual battery
- DUI manslaughter
- Domestic violence
Can you get probation for a felony charge?
In Florida, a 3rd degree felony doesn’t hold a minimum sentence, but a maximum sentence 5 years prison with possible $5,000 maximum fine. Depending on the crime, the defendant may be required to pay restitution.
When a person is arrested on a drug charge, the defendant best move is to hire a criminal attorney specializing in drug charges. An experienced attorney can work with the judge to have a reasonable drug charge bail set and have their client released. Call (321) 631-2663 today for your probation bail needs in Cocoa and Palm Bay, FL.