What Drugs are Felony Charges?

How Much Jail Time Do You Get for Drugs?

For federal drug charges, a mandatory minimum prison sentence is five years. This corresponds to drugs of a lower offense. Drugs of a higher offense like heroin and cocaine receive a statutory minimum prison sentence of ten years. The maximum prison time for the drugs of lower offenses is forty years, while life is the maximum sentence for high caliber drugs.

Is a Drug Charge a Felony or Misdemeanor?

If you are arrested for a drug charge in Florida, the eventual conviction will depend on what kind of drug is involved and how much of it has been found in your possession. Drugs are classified into schedules. Each of these schedules varies with the associated penalties depending on the severity of the offense. Possession of most controlled substances under Florida laws can be charged as a third-degree felony. It is true that Florida laws do allow a first-degree misdemeanor charge for simple possession of marijuana in an amount constituting less than twenty grams.

What Happens if You Get Caught With Prescription Drugs?

In the state of Florida, a drug may be considered legal or illegal depending upon two factors: is there a valid prescription of the drug and is the person possessing the drug somehow connected to the valid prescription. According to the Florida statue pertaining to this issue, “It is unlawful for any person to be in actual or constructive possession of a controlled substance…” The burden of proof thus lies on the defendant. Possession of a controlled substance, being that the substance is a controlled drug, is usually a third-degree felony. It is punishable by up to five years in prison, five years probation and a five thousand dollar fine.

Is Giving Prescription Drugs Away Illegal?

Some individuals who have been prescribed drugs sell or give away their drugs. It is important to note that it is illegal to use prescription drugs without a valid prescription or to distribute them. The penalties associated with illegally distributing or abusing prescription drugs ultimately depends on the type of drug it is. There are times when arrest warrants are issued for individuals who have crossed the law. In such cases, a bail bonds company can provide necessary guidance and assistance.

Can Drug Charges be Expunged

There are many states in the United States that allow drug charges to be expunged. Expungement laws are different in every state. In Florida, a person is allowed to expunge a criminal record if that record did not lead to a conviction. A conviction is found if a defendant pleaded or was found not guilty. Charges can also be expunged if the case has been sealed for ten or more years. A person may be eligible to seal their Florida criminal record if successfully completed their sentence or have received withheld adjudication.

Can Misdemeanor Drug Charges be Dropped

If you have been charged with drug possession, there are several avenues to pursue. One of the most common defenses to drug possession charges is insufficient evidence. Each drug charge has to be composed of elements that make up a crime. The state has to prove each of these elements beyond a reasonable doubt. If the state can’t prove any one of the elements, then the state’s case could fall apart.

How to Beat Drug Charges

Thankfully, there are ways that defendants can pay their debt to society and remove drug charges from their name. Please review the following bullet points to learn more!

• Insufficient evidence. If the state does not have enough evidence to prove their case, the defendant could walk free.
• Constructive possession. This defense comes into play when cocaine or another drug is found in a place to which more than one person had access. 
• Illegal search and seizure. If a police officer violates the constitutional rights of a citizen by seizing them irresponsibly, the evidence for the case may be thrown out. The charge may be dismissed.

Would you like to schedule an appointment for us to help you with your drug charges? Our friendly operators at Ammediate Bail Bonds are available now at (321) 631-2663. Discover more about the assistance available for your drug charges in Cocoa, FL today!