Jacksonville Drug Lawyer

Listed below are some of the types of drug offenses that we handle for clients. If you were recently arrested or charged with a drug crime, please speak with one of our drug crime lawyers in Jacksonville to learn how we might be able to help you with your case.

Drug Possession

• Possession of a controlled substance without a license or a prescription is a criminal offense.
• This crime can be further split into crimes such as simple possession, possession with intent to sell, and possession with intent to distribute.

Drug Sale

• The sale of an illegal narcotic or other controlled substance is illegal.
• It is a second-degree felony offense to sell a Schedule I drug, while it is a third-degree felony offense to sell a Schedule II drug.
• The sale of drugs near a school or other specified facilities may be considered an aggravated offense.

Drug Manufacturing

• Those who manufacture their own narcotics can be arrested for drug manufacturing. For example, this could include operating a meth lab.
• Manufacturing charges might be reduced if the manufacturing were for personal use rather than for sale.

Drug Trafficking

• This criminal offense involves transporting drugs across state lines.
• This can include transporting illegal narcotics into Florida or out of Florida to another state or country. Drug trafficking is considered part of the black market.

Cultivation of Marijuana

• Growing cannabis (marijuana) is a crime. These charges will depend upon how much cannabis was involved or how many plants. Marijuana is typically cultivated in greenhouses.

Actual vs. Constructive Possession in Florida Drug Cases

One of the most misunderstood aspects of Florida drug charges involves types of possession. Many people assume they can only be charged with drug possession if law enforcement finds drugs directly on their person. However, Florida law recognizes two distinct types of possession: actual possession and constructive possession.

Actual possession exists when drugs are found on your person or within your immediate physical control. This includes drugs in your pockets, in a bag you’re carrying, or in your hand. Actual possession cases are typically straightforward from a legal standpoint because the physical evidence directly connects you to the controlled substance.

Constructive possession is far more complicated, as drugs are found in locations you control but not directly on your person. Under Florida law, prosecutors can establish constructive possession by proving that you knew of the substance’s presence and had the ability to maintain control over it. This means you can face drug charges for substances found in your vehicle, home, hotel room, or even shared spaces.

Defending against constructive possession charges requires challenging the prosecution’s ability to prove knowledge and control. A Jacksonville drug defense lawyer can argue that you had no knowledge of the drugs’ presence, that other individuals had equal or greater access to the location, or that insufficient evidence connects you specifically to the controlled substances.

Your Rights and Legal Options in Jacksonville Drug Crime Cases

Facing drug crime charges can be overwhelming, but understanding your rights and the legal options available to you is crucial. At Problems? Pick Porter!™, we believe that knowledge is power. Our experienced drug attorneys in Jacksonville are dedicated to providing you with the information you need to make informed decisions about your case.

Here are some key points to consider if you or a loved one is facing drug charges:

• Right to Legal Representation: You have the right to an attorney who will advocate for your best interests and navigate the complexities of the legal system on your behalf.
• Possible Defenses: Depending on the circumstances of your case, there may be various defenses available to you, such as unlawful search and seizure, lack of intent, or entrapment.
• Plea Bargaining: In many cases, negotiating a plea deal can lead to reduced charges or penalties. Our skilled attorneys will work tirelessly to secure the best possible outcome for you.
• Impact of Convictions: A drug conviction can have long-lasting effects on your life, including difficulties in employment and housing. We will strive to protect your future by fighting for your rights.
• Expungement Opportunities: If you have a past conviction, you may be eligible for expungement, which can clear your record and provide a fresh start.

Don’t face the legal system alone. We are here to listen, support, and build a strong defense tailored to your unique situation.

Common Defenses Against Drug Charges in Jacksonville

Experienced Jacksonville drug defense lawyers employ a range of defense strategies to challenge drug charges and protect clients’ rights.

• Illegal search and seizure challenges argue that law enforcement violated Fourth Amendment protections against unreasonable searches. Courts may suppress illegally obtained evidence, often resulting in charge dismissal.
• Lack of knowledge defenses contend that defendants had no knowledge of drugs’ presence, particularly in constructive possession cases.
• Chain of custody challenges question whether prosecutors can prove that the evidence presented at trial is the same substance seized during arrest.
• Entrapment defenses apply when law enforcement induces defendants to commit crimes they weren’t otherwise predisposed to commit.
• Lack of intent defenses distinguish between simple possession and possession with intent to distribute by challenging prosecution evidence of sales intent.
• Crime lab analysis challenges question the accuracy of testing that identified substances as controlled drugs.

Drug Court and Diversion Programs in Jacksonville

Duval County offers alternative sentencing options for eligible defendants facing drug charges, providing opportunities to avoid incarceration while addressing underlying substance abuse issues. These programs recognize that addiction drives many drug offenses and that treatment often produces better outcomes than imprisonment.

Drug Court in Jacksonville provides intensive supervision and treatment for non-violent offenders struggling with substance abuse. Participants undergo regular drug testing, attend mandatory counseling sessions, appear for frequent court status hearings, and comply with strict program requirements. Successful completion can result in reduced charges, dismissed cases, or significantly reduced sentences.

Pretrial Diversion Programs allow first-time offenders to avoid formal prosecution by completing specified requirements, including drug education classes, community service, regular drug testing, and payment of program fees. Successful completion results in charge dismissal, allowing participants to avoid criminal convictions entirely.

A Jacksonville drug attorney evaluates your eligibility for these programs and advises whether participation serves your best interests, given your specific circumstances and charges.

Penalties and Sentencing Guidelines by Drug Type and Quantity

Florida imposes varying penalties for drug offenses based on the controlled substance type, quantity possessed, and whether charges involve simple possession, possession with intent to distribute, or trafficking.

Marijuana offenses

Possession of 20 grams or less constitutes a first-degree misdemeanor punishable by up to one year in jail and $1,000 in fines. Possession of more than 20 grams becomes a third-degree felony with up to five years in prison. Marijuana trafficking charges, triggered by possessing 25 pounds or more, carry mandatory minimum sentences ranging from three years to 15 years, depending on quantity.

Cocaine possession

This is a third-degree felony regardless of amount, punishable by up to five years in prison. Cocaine trafficking thresholds begin at 28 grams, with mandatory minimum sentences of three years for 28-200 grams, seven years for 200-400 grams, and 15 years for 400 grams or more.

Unlawful prescriptions

Prescription drug charges depend on the specific controlled substance and whether you possessed valid prescriptions. Common prescription drugs like oxycodone, hydrocodone, and Xanax are Schedule II or IV controlled substances. Possession without a valid prescription constitutes a third-degree felony. Trafficking in prescription drugs carries mandatory minimums similar to other controlled substances.

These penalties represent baseline sentences. Aggravating factors, including prior convictions, possession of firearms, sales near schools, or involvement of minors, can enhance charges and increase penalties substantially.

Penalties for Felony Drug Convictions in Florida

Various types of Schedule I drug crimes are considered second-degree felonies. Second-degree felony drug crimes can be punishable by up to 15 years in prison. Other Schedule I drug crimes, such as possession, may only be considered a third-degree felony, punishable by up to five years in prison.

Consequences of a Drug Conviction Beyond Jail Time

Drug convictions create far-reaching consequences extending well beyond incarceration and fines, including:

• Driver’s license suspension
• Employment consequences
• Loss of professional license
• Housing challenges
• Loss of federal student aid eligibility or scholarships
• Immigration consequences
• Professional reputation damage

These collateral consequences only emphasize why strong legal representation is essential in Jacksonville drug cases, as the impact extends far beyond the courtroom.