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Drug Crimes

Walton County Drug Crime Lawyer

Walton County Drug Crime Lawyer

Being arrested and accused of a drug crime in Walton County is an embarrassing and upsetting event. The situation can get serious very quickly and very overwhelming without legal guidance. A Walton County drug crimes defense attorney with Florida Criminal Defense Legal Group can help you develop strong legal strategies for your case.

Types of Drug Offenses

Drug charges in Florida include 

  • Drug possession (felony and misdemeanor)
  • Drug distribution (selling, delivering, or providing a controlled substance)
  • Drug trafficking – the most serious of drug charges
  • Drug manufacturing, including growing marijuana or producing LSD or methamphetamine in a laboratory
  • Possession of drug paraphernalia
  • Prescription fraud
  • Sale or possession of a controlled substance (cocaine, fentanyl, marijuana, oxycodone, hydrocodone, etc.)

Federal drug charges can also make you vulnerable to other charges that, at first glance, may not seem related, but if you are charged with drug distribution, you could also be charged with money laundering or a Racketeer Influenced and Corrupt Organizations Act (RICO) violation. The RICO Act is a federal law passed in 1970 designed to combat organized crime that prosecutors might use to add jail time to your sentence if you are accused of committing a drug crime.

What are the Penalties for Drug Crimes?

Statutory mandatory minimums are the lowest amount of punishment that a person can receive for a crime. The U.S. Sentencing Commission writes them. There are different types of penalties in Florida. For example, a first offense driving under the influence does not carry minimum mandatory jail time but you may aggravating factors that may increase your risk of jail time. Sometimes jail time can be substituted with treatment at an inpatient drug rehabilitation center, but these facilities are both financially disastrous and more importantly almost never work. When these facilities do not work, the patient is blamed.

For felony drug cases, point-based minimums are codified in Florida Statute section 921. Florida felony crimes and offenses are sentenced according to a point system under Florida Statute Section 921 and Florida Rule of Criminal Procedure 3.992(a). A score sheet is prepared, and then a mathematical formula is used to determine the total number of points that correlate with certain punishments. Florida does have a Drug Court program based on faith healing, but despite graduation rates consistently above the 80 percentile mark, Florida’s Drug Court program is essentially worthless. Bluntly stated, faith healing and blaming the patient are essential political components for re-election campaigns rather than evidence based scientific approaches. 

To learn more about the mandatory minimums, the points system, penalties for drug-related cases and treatment that actually works, talk to a Walton County drug crime lawyer from Florida Criminal Defense Legal Group by calling 850-423-0035.

Frequently Asked Questions

Here are some common questions our Walton County drug crimes and drug trafficking lawyers receive.

What are possible defenses for drug crimes?

Many defenses are possible in drug-related crimes. Just understand that defenses are fact specific and may or may not apply.

The Fourth Amendment in the US Constitution protects citizens from unreasonable searches and seizures by the government. A police officer may not stop, search or seize an individual or their property unless they have a valid search warrant, valid arrest warrant, a founded suspicion of a violation of the traffic statute FSS 316, or probable cause to believe that the individual has committed, is committing a crime is on the way to commit a crime. 

An example of probable cause would be if an officer noticed a bag of pills on the dash along with several firearms on the seat next to a baggie of hundred dollar bills during a traffic stop. However, police officers do not have the right to search a vehicle if an individual is pulled over for a minor traffic infraction and is detained at the scene unreasonably after the ticket has been written and given to the driver. Doing so would violate the individual’s constitutional rights. Any evidence derived from an unlawful search or seizure may not be introduced in court.

If you have a valid prescription written by a licensed healthcare professional that you have lawfully obtained, you may have a strong defense. Unfortunately, many law enforcement officers wrongly believe that prescriptions must be transported in a prescription bottle in Florida. This has resulted in innocent people getting arrested for carrying their lawfully-obtained prescriptions in bags, pill cases, or pockets. 

A Walton County criminal defense lawyer from Florida Criminal Defense Legal Group can discuss with you the legal strategies for your circumstances.

What are the differences between federal and state drug charges?

The penalties and the legal procedure are the major differences between state and federal drug crimes. Drug crimes are charged as both misdemeanors and felonies in Florida, but a federal drug crime conviction could carry double or triple the prison sentence. Local police make the majority of drug arrests, but anyone who is arrested for a drug crime may be charged with either a state or federal offense depending on a variety of factors.

Federal drug charges may or may not result after a sting operation, an informant cooperated against you in exchange for leniency, or you were arrested for drug possession while on federal land. Although less severe offenses could be prosecuted at the state level, offenses that are likely to be charged as federal drug crimes are drug trafficking in large quantities, manufacturing, or intent to distribute, and cases that involve crossing of state lines.

What does it mean to be charged with possession?

When you have been charged with possession of a controlled substance, the prosecution has the burden of proving beyond a reasonable doubt that the defendant was illegally in possession of the contraband item. These cases can be complicated in nature and may require a tenacious criminal defense. A criminal defense attorney picks apart the prosecutor’s arguments and fights hard to have charges dismissed or reduced. 

Actual possession means that you have physical control over the contraband and that it is on your body, like in a pocket of your clothing, in your hand, or in something that you are holding, such as a backpack.

Constructive possession is when the individual has dominion and control of the contraband, knows of its presence, and knows of its illicit nature. This frequently plays out in cases where contraband is found in a vehicle, and a passenger is charged with constructive possession. The constructive possession doctrine is how thousands of spring breakers are victimized despite not possessing drugs or alcohol. 

The most common victimization is via the Minor in Possession of alcohol statute. Every single person born after 1983 does not have the same rights as people born beforehand. If you were born after 1983, you are a second class citizen for life: you cannot even buy a house in many Florida communities until you are 55+. Second class citizens are victimized by political predators so frequently in Florida, we regret to advise you to avoid vacationing in Florida simply because you will be targeted for abusive prosecution.

Joint possession is when two or more people can be in possession or custody of contraband at the same time. It is similar to constructive possession, but with joint possession, the prosecution must prove that the accused consented to another person being in possession of the drugs in addition to knowing and having control of the drugs. 

A Walton County drug crime lawyer can challenge that you actually or constructively possessed the drugs. 

Call Florida Criminal Defense Legal Group Now

If you have been arrested and are facing drug-related charges, then you must contact an experienced criminal defense attorney as soon as possible to get started on your drug crimes defense. Florida Criminal Defense Legal Group has successfully defended clients facing drug charges in Walton County. 

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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Request To Speak With An Attorney