If you were arrested on a drug charge, contacting our dedicated defense attorneys could help restore your hope. A prosecutor must prove to the jury beyond a reasonable doubt that you are guilty of the crime, and we are skilled at instilling doubt in juries.
Drug charges include possession of a controlled substance for personal use, intent to sell, and trafficking large amounts. The elements of the crime you are charged with may vary, and the prosecutor must prove each one to convict you. Our job is to present the best defense possible to refute the prosecutor’s case. Call for a free consultation and learn how a St. Augustine drug lawyer with the Law Offices of Jason K.S. Porter, P.A. could help with your case.
Simple Drug Possession, Intent To Sell, and Trafficking
In simple possession, the arresting officer suspects you are carrying an illicit substance for personal consumption. The prosecutor must prove that you knew the unprescribed substance, whether it was cocaine, methamphetamine, or a painkiller such as oxycodone, was illegal at the time of the arrest. They must also prove that you were in control of the substance, regardless of whether it was in your pocket or hidden under your bed. The prosecution could escalate the charge to possession with intent to sell even if the officer did not witness a transaction. Additionally, any excessive cash, scales, or packaging materials nearby could be used as evidence, according to Florida Statutes § 893.13 of the Florida Comprehensive Drug Abuse Prevention and Control Act.
Trafficking is charged when a person knowingly sells, purchases, delivers to others, manufactures, or transports specific amounts of controlled substances. Under the Controlled Substances Act, the federal government has categorized drugs into five schedules depending on the drug’s potential for addiction and medical value, with Schedule I being the most dangerous. Our St. Augustine drug attorneys could help you understand the laws and your rights.
What Are the Penalties for Drug Convictions?
If you are convicted of a drug crime, you risk prison time and fines. Possessing up to 28 grams of cocaine or up to 4 grams of heroin is a third-degree felony for which you could serve up to five years in prison. If you are found with at least 400 grams, but less than 150 kilograms of cocaine, the minimum prison sentence is 15 years, with potential fines up to $250,000.
Our St. Augustine lawyers could also protect you from any additional consequences associated with controlled substance charges, such as losing your right to vote or carry a firearm, family tension due to a conviction, and difficulties securing housing, employment, or student loans.
Drug Charge Defenses
Your defense is tailored to the facts and evidence we uncover, but some common strategies include:
- You did not know the substance you had in your possession was a controlled substance
- You had a valid prescription for the painkillers the police found on your person
- You were illegally searched, which is a violation of your Fourth Amendment rights
- The drugs were found in a common area of your apartment, which you share with other people
A St. Augustine attorney with the Law Offices of Jason K.S. Porter, P.A., is ready to advocate for you so you can move forward after a drug charge.
Contact an Attorney Immediately After a Drug-Related Arrest in St. Augustine
An accusation or an arrest is not a conviction. However, if this happens to you, contact a well-practiced St. Augustine drug lawyer from the Law Offices of Jason K.S. Porter, P.A.
We have decades of experience and could help you. Our skilled legal team could explore every alternative to a conviction and develop a defense that could serve you well. Problems? Pick Porter!™