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Drug Crime FAQ

Drug related crimes include?

  • Manufacture of Controlled Substances
  • Trafficking in Controlled Substances
  • Sales and Distribution of Controlled Substances
  • Intent to Sell/Distribute Controlled Substances
  • Possession of Controlled Substances
  • Prescription Fraud
  • Prescription Forger

What is a controlled substance?

Any type of drug whose possession and use is regulated by law, including a narcotic, a stimulant or a hallucinogen. -Black’s Law Dictionary

Are drug crimes prosecuted by the state or the federal government?

Every state and the federal government have statutes banning or limiting the use of most substances that are commonly considered “drugs”. Therefore, most all crimes involving controlled substances can be prosecuted by both the state and federal government.

You should be aware that if you are arrested and charged with a drug crime by the state, that does not prevent you from later being arrested and charged by the federal government under the same set of facts; double jeopardy would not apply. For example, if Joe is charged with trafficking in cocaine by the State of Florida, convicted and sentenced to 5 years in prison, the federal government can still charge him with trafficking in cocaine. In that situation, the federal authorities would take him out of the Florida prison, try him in federal court, and if convicted, he could face a much longer sentence in a federal prison.

Do I need a lawyer?

If you have been arrested or you are being charged with a crime involving controlled substances, you could be facing years in prison or other stiff penalties. Prosecutorial offices often have a “war on drugs” mentality that causes them to prosecute drug crimes to the fullest extent of the law.

It is critical that you have an experienced criminal defense attorney who will point out all the weaknesses in the prosecutor’s case in an effort to get your drug charges dismissed, reduced, or get you acquitted before a jury of your peers. If you do not hire an experienced criminal defense trial lawyer, you may be forfeiting valuable legal rights and putting your freedom and future in jeopardy.

 

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  • Brandon Office
    206 Mason Street
    Brandon, Florida 33511
    Phone: 813-681-4246
    Fax: 813-653-9668