Drug overdoses are common reality in Florida. Sadly, fear of prosecution prevents many individuals from seeking help for themselves or others when an overdose is suspected. In fact, law enforcement officials often make arrests following an overdose. After all, there is usually ample evidence present at the scene of an overdose to prove that certain drug crimes have occurred.
In many cases, charges related to drug offenses are only brought against an individual after a prolonged investigation. Therefore, the authorities and prosecutors often believe that they have ample evidence to obtain a conviction. While this may be true in some instances, it is not always the case. In fact, sometimes police officers overstep their bounds and conduct illegal search and seizures, or they base their investigations on the word of witnesses who lack credibility. Even when the evidence seems stacked against an accused individual, strong criminal defense options may be available.
Drug crime convictions carry serious penalties. Those who are accused of these types of offenses therefore can be confronted with the very real possibility of years or even decades in prison as well as fines that can ruin their financial standing for life. Additionally, the criminal record that accompanies an individual who is convicted of a drug crime can negatively his or her life long after the individual pays his or her debt to society. Therefore, individuals accused of drug crimes need to aggressively fight to protect their interests.
There are many factors that are considered by prosecutors when they decide which specific drug law to utilize when filing charges. If an individual was arrested for possession of a narcotic, prosecutors will consider the severity of the drug in question and the arrestee's intent for those narcotics. Possessing heroin with the intent to distribute it will therefore carry the possibility of much harsher penalties than an arrest for simple possession of marijuana.
Drug charges are serious. Depending on the specifically alleged crimes, an individual can be threatened with jail or prison time, enormous fines, and a criminal record that can affect just about every aspect of his or her life. With so much on the line, those who are accused of drug crimes need to be active in seeking out a competent criminal defense. This is true even if it seems like the evidence stacked against an individual is insurmountable.
The law provides Floridians with a presumption of innocence until they are proven guilty of a criminal offense. This is no small thing. It shifts the burden to the state to present competent evidence that meets certain legal elements. Remembering this fact can give defendants the perspective needed to aggressively attack the prosecution's case, which may include limiting the prosecution's attempts to use an individual's criminal history as proof of guilt for a later offense.
When Floridians think about drug charges, they often envision those criminal offenses that are most obvious, such as possession and possession with intent to distribute. These drug crimes are common enough, and those accused of them need to vigorously defend themselves, but these offenses are not the only drug charges that can disrupt an individual's life. Instead, even seemingly minor crimes related to drugs can have a significant impact on one's life.
Recently on the blog, we discussed a raid the resulted in multiple drug charges being levied. The war on drugs has raged on for years, and many Floridians have found themselves the subject of criminal investigations as a result. The stakes are extremely high in these cases, as a criminal conviction can result in years or even decades behind bars.This is why those who have been accused of various drug crimes need to do everything they can to mount a successful criminal defense. There are many ways to do this. One common defense tactic is to assess whether or not the police acted in conformity with the law when discovering crucial evidence. For example, a traffic stop that had no legal basis could result in evidence of drug possession that was obtained after that stop being thrown out in court. This means that the evidence cannot be used against the defendant.There are many situations where evidence may be suppressed. Police may act without a search warrant or they may act beyond the scope of a legally obtained search warrant. Also, officers sometimes wrongly attribute drug possession to an individual when there are multiple individuals involved in the incident that led to arrest.With your freedom, reputation, money and future on the line, there is no option but for you to be aggressive in the way you approach criminal charges, particularly those involving drugs. The legal team at our firm has established a solid track record of success defending those who have been accused of these crimes.
Drug crimes can carry serious penalties for those who are convicted. Making matters worse is the fact that many drug charges are accompanied by other allegations of criminal wrongdoing, which can increase the potential consequences.
It was 1989 when the first drug court got underway in Miami-Dade County. Since then, according to Florida Courts, "numerous studies have confirmed that drug courts significantly reduce crime, provide better treatment outcomes, and produce better cost benefits than other criminal justice strategies."