The Tenacious Defense You Need When Facing Drug Charges

Some drug laws are easing throughout the country, but not here in Florida. For years, penalties for drug convictions have really only gone in one direction: Ever harsher. When facing charges, you need an attorney tough enough and skilled enough to give you the defense you deserve.

In Fort Myers and throughout Southwest Florida, the firm to call is Cantor & Cantor. Attorney Zack Cantor has been tenaciously defending clients for 20 years against all manner of drug charges. He can help you, too.

You Could Be Facing Multiple Charges

Drugs have been so criminalized that there are many overlapping charges that prosecutors can apply in these cases. You may have been charged with one or more of the following:

• Drug possession
• Drug possession with intent to distribute
• Drug trafficking
• Drug manufacturing
• Illegal possession of prescription drugs
• Possession of drug paraphernalia
• Drug charges that include aggravating factors (proximity to a school zone, prior convictions, possession of a firearm, etc.)

Prosecutors are aggressive about charging as many offenses as they can justify. Therefore, it is important to attempt to contain the damage by contacting a defense attorney quickly.

There Are No Minor Drug Offenses

While use of certain drugs is increasingly considered socially acceptable and no big deal, Florida’s criminal laws do not match public sentiment. Moreover, criminal convictions of any kind are still considered a big deal to most employers, landlords and school administrators. Therefore, even a conviction for misdemeanor drug possession can make it much harder to get a job, find a place to live or pursue higher education.

For these reasons and more, you have to treat all drug charges seriously and seek the help of an experienced criminal defense attorney like Zack Cantor.

Possession With Intent In Fort Myers, Florida

One important thing to know about drug laws in Florida is that some charges can be much more severe than simple possession. The authorities will charge an individual with the intent to distribute if they believe that the person was seeking to sell the illegal substances in their possession. This may include things like marijuana, fentanyl, methamphetamine, cocaine or prescription painkillers and opioids.

Florida statutes explicitly state that it is illegal for someone in possession of a controlled substance to “sell, manufacture, deliver, or possess [the substance] with an intent to sell.” The potential sentences for those charged with intent to sell are going to be more strict than those charged with simple possession.

How Is The Determination Made To Charge Someone With The Intent To Sell?

The authorities look at the circumstances of the arrest to infer the intent to distribute. They may have found packaging materials, baggies or other drug paraphernalia in addition to the drugs. They may have located rolling papers, scales or testing kits. In some cases, the authorities will find large amounts of money – indicative of past sales – or firearms. All of these issues can be evidence that the drugs were not for personal use.

Often, though, the authorities will simply look at the amount of substances in a person‘s possession. If they determine that it is more than someone would realistically own for personal use, they may assume that person meant to sell some or all of what they have – even when the suspect claims that they just wanted the substances for their own use and never even thought about selling them.

For example, if someone had a small amount of marijuana – under 20 grams – simple possession may be a misdemeanor crime or even a civil citation. But if they had a significant amount, then it becomes a felony that could lead to $5,000 in fines or five years behind bars. Another example is if someone has over 10 grams of heroin, which could become a first-degree felony. The penalty could be up to 30 years behind bars.

Drug Trafficking In Florida: What You Need To Know

Where drug trafficking is involved, you will be charged at the state level if you are accused of trafficking solely within Florida’s state lines. If you are charged with trafficking across state lines (including the coastline), you will be charged at the federal level.

Federal drug trafficking charges are triggered by the specific quantities of various controlled substances found in your possession. Examples include:

• Crack cocaine – 5 grams or more
• Powdered cocaine – 500 or more grams
• Heroin – 100 or more grams, mixed
• LSD – 1 or more grams
• Fentanyl analogues – 10 grams
• Methamphetamine – 5 grams pure, 50 grams mixed
• PCP – 10 grams pure, 100 grams mixed

While all drug trafficking charges are serious, a conviction at the federal level typically comes with much harsher consequences than a conviction at the state level. When federal agencies like the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI) get involved, you can expect:

• Enhanced sentences: Federal drug trafficking convictions are often subject to guidelines that result in minimum prison sentences that are significantly longer than state sentences. State-level charges may include the option for jail over prison and drug rehabilitation, while federal-level charges typically do not.
• Additional charges: Federal investigations into drug trafficking typically lead to additional charges, especially conspiracy charges that can sweep up people who were not directly handling the drugs but were somehow involved in the overall operation. There is no leniency for these charges, as they are treated the same as direct trafficking. Additionally, defendants may be charged under the Racketeer Influenced and Corrupt Organizations (RICO) Act, which allows for even harsher sentences.
• Asset forfeiture: Federal law permits the government to seize any assets that are believed to be connected to drug trafficking, including bank accounts, homes, vehicles, boats, jewelry and more.

In general, a conviction for a first-offense drug trafficking crime carries the potential of five to 40 years in prison and a $5 million fine, but the sentence can be enhanced due to large quantities of the drug being involved or the situations that lead to someone’s serious injuries or death.

Contact The Firm For A Free Initial Consultation

If you’ve been arrested for and/or charged with a drug offense in Southwest Florida, Cantor & Cantor offers free initial consultations to discuss your rights and your defense options. To schedule yours, call us in Fort Myers at 239-494-3164. You can also send us an email.