Lakeland, FL Drug Charge Criminal Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged drug crimes. Contact Drug Charge Criminal Defense Attorney Ricardo Alvarez Today!

Call 863.709.0808 about your Drug Charge Criminal Defense legal needs in Lakeland, Polk County, and Central Florida.

In the State of Florida, there are various forms of Drug Crimes:

• Drug Possession: Drug Possession is by far the most common drug crime individuals are arrested, charged, and face trial for throughout the State of Florida and across America. Drug Possession may include illegal drugs, illegally obtained prescription drugs, and illegal possession of other controlled substances.
• Possession of Drug Paraphernalia: Drug paraphernalia is lawfully considered any item that is used to ingest, inhale, or inject a controlled substance, such as marijuana, cocaine, or heroine. Drug Paraphernalia may also be considered items that are associated with the illegal manufacturing or cultivation of illegal drugs or controlled substances.
• Possession With Intent To Sell: Drug Possession with Intent to Sell may be charged depending on the amount or weight of the specific drug (or drugs) that are in the physical possession or under the physical control of the accused.
• Illegally Obtained Controlled Substances: May be charged if the accused is determined to have prescription drugs that he or she is not legally authorized to possess (such as not having a prescription for), or unlawfully have in his or her possession any controlled substances.
• Drug Trafficking: Drug Trafficking is essentially when the possession of the amount or weight reaches a statutory level beyond possession, or intent to sell. Because of the amount or weight of certain drugs specified in the statutes, a Drug Trafficking Crime is often charged against those who the State may believe is "higher up in the food chain", such as a drug manufacturer or distributer. Penalties for Drug Trafficking may be much more severe than simple possession or possession with intent to sell.
• Illegal Drug Manufacturing or Cultivation: Commonly attributed to law enforcement raids on a location, if materials exits at a specific location that are used to manufacture drugs illegally or grow illegal drugs. It may not always be necessary for the drugs to be at the location for a person to be charged with Illegal Manufacturing or Cultivation of Drugs.

Some drug charge crimes may require the prosecution to prove intent, such as the sale of illegal drugs or illegally obtained prescription drugs. The law has provisions that dictate that a specific amount or weight of a certain type of drug shows intent. In other drug cases, physical possession or physical control of the drugs must be proved beyond a reasonable doubt. Physical control of the drug is a factor that will be argued relating to possession and/or intent.

If you have been charged with a drug crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Drug Crime Defense Lawyer, Ricardo Alvarez today at 863.709.0808

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›

Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense

CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›

What are the penalties for drug possession in Florida?

Penalties for drug possession in Florida vary depending on the type and quantity of the controlled substance involved, as well as any prior criminal history. For example, possession of a small amount of marijuana (20 grams or less) is typically classified as a misdemeanor, which can result in up to one year in jail and fines. Possession of more significant amounts or certain controlled substances can lead to felony charges, carrying steeper penalties, including longer prison sentences and higher fines. Additionally, individuals convicted of drug possession offenses may face collateral consequences such as suspension of their driver's licenses and restrictions on certain benefits or employment opportunities. Florida also offers diversion programs and treatment options for some first-time offenders as an alternative to incarceration. To understand the specific penalties for drug possession in your case, consult with an attorney familiar with Florida drug laws who can provide guidance based on the unique circumstances of your situation.

Can I get a drug charge expunged or sealed in Florida?

In Florida, it is possible to have a drug charge expunged or sealed under certain circumstances, but the eligibility criteria are strict. Generally, eligible individuals must meet specific requirements, such as having a clean record for a predetermined waiting period after completing their sentence or probation. Additionally, not all drug charges are eligible for expungement or sealing, especially if they involve serious drug trafficking or distribution offenses. To explore the possibility of expunging or sealing a drug charge, it is advisable to consult with an experienced criminal defense attorney in Florida who can evaluate your case, determine your eligibility, and guide you through the legal process. Expungement or sealing can offer significant benefits, such as improving employment prospects and removing the charge from public view, but the eligibility process is complex and requires legal assistance to navigate effectively.

What is the difference between drug possession and drug trafficking in Florida?

In Florida, the key difference between drug possession and drug trafficking lies in the quantity of drugs involved and the intent behind the possession. Drug possession generally refers to having a controlled substance for personal use, and it can vary in severity depending on the type and quantity of the substance. It is typically considered a less serious offense. Drug trafficking, on the other hand, involves possessing, manufacturing, distributing, or selling controlled substances in larger quantities with the intent to distribute them to others. Trafficking charges are much more severe and come with mandatory minimum sentences that can lead to lengthy prison terms, primarily based on the weight or quantity of drugs involved. The specific charges and penalties can vary depending on the type of drug, its quantity, and other factors, so it's crucial to consult with an experienced criminal defense attorney in Florida if you're facing drug-related charges to understand the potential consequences and build a strong defense.

If convicted for a drug crime in Lakeland / Polk County Florida, will I go to jail for a first-time drug offense in Florida?

Whether you will go to jail for a first-time drug offense in Lakeland or Polk County, Florida, depends on several factors, including the nature and severity of the offense, the type and quantity of drugs involved, and your prior criminal history. For some first-time drug offenders, especially those charged with simple possession of small amounts of controlled substances, courts may offer alternatives to incarceration, such as probation, drug education programs, or treatment options. However, if the offense is more serious, involves larger quantities of drugs, or includes other aggravating factors, you may face the possibility of jail time. It's essential to consult with an experienced criminal defense attorney who can assess the details of your case, advocate for the most favorable outcome, and explore available diversion programs or sentencing alternatives that may help you avoid or minimize incarceration for a first-time drug offense in Florida.

Can I be charged with drug possession if the drugs weren't mine?

Yes, you can be charged with drug possession even if the drugs were not yours, but it depends on the specific circumstances of the case. Law enforcement may arrest individuals in proximity to drugs or in situations where there is joint or constructive possession, which means that multiple people may have access to or control over the drugs. To secure a conviction, the prosecution typically must establish that you knew about the presence of the drugs and had the ability and intent to exercise control or ownership over them. In some cases, individuals may be wrongfully charged due to mistaken identity or other factors. If you find yourself facing such charges, it's crucial to consult with an experienced criminal defense attorney who can build a strong defense, challenge the evidence against you, and advocate for your rights in court.

What is the "drug court" program in Florida, and how does it work?

The "drug court" program in Florida is a specialized court system designed to address the needs of individuals with substance abuse issues who are facing drug-related criminal charges. Drug courts aim to provide an alternative to traditional criminal prosecution by emphasizing treatment, rehabilitation, and supervision over incarceration. Participants in the program are typically required to complete substance abuse treatment, attend counseling, submit to regular drug testing, and meet other court-ordered conditions. The program's structure includes frequent court appearances where participants' progress is reviewed, and they receive support and encouragement from judges and court staff. Successful completion of the drug court program can lead to reduced charges, lesser sentences, or even dismissal of charges in some cases. Participation in the program is voluntary, but it can offer a path to recovery and rehabilitation for individuals struggling with substance abuse issues while addressing the underlying causes of their criminal behavior.

Are Drug Crimes in Lakeland / Polk County Florida eligible for a Diversion Program?

Yes, drug crimes in Lakeland and Polk County, Florida, may be eligible for diversion programs, but eligibility criteria vary depending on factors such as the nature and severity of the offense, prior criminal history, and the specific diversion program available in the jurisdiction. Typically, first-time or non-violent drug offenders are more likely to be considered for diversion programs. These programs often include requirements like substance abuse counseling, random drug testing, community service, and regular check-ins with probation officers. Successful completion of a diversion program may lead to reduced charges, case dismissal, or a more lenient sentence. However, eligibility and program availability can vary by jurisdiction, so consulting with an experienced criminal defense attorney in Lakeland or Polk County is crucial to determine the specific options available for your drug-related case and to guide you through the process effectively.

Are there any mandatory minimum sentences for drug offenses in Florida?

Yes, Florida has mandatory minimum sentences for certain drug offenses, particularly those related to trafficking in controlled substances. The specific mandatory minimum sentences depend on the type and quantity of drugs involved. For example, trafficking in larger quantities of drugs, such as cocaine, heroin, or methamphetamine, can result in mandatory minimum sentences ranging from three to 25 years in prison, depending on the substance and amount. These mandatory minimums apply when offenders meet specific criteria outlined in Florida's drug trafficking laws. However, it's important to note that not all drug offenses in Florida carry mandatory minimum sentences, and sentences for drug possession or lesser offenses can vary depending on factors like criminal history and the specific circumstances of the case. If you are facing drug-related charges in Florida, consulting with an experienced criminal defense attorney is essential to understanding the potential consequences and exploring available defense strategies.

What are my rights during a drug-related police search in Florida?

During a drug-related police search in Florida, you have certain rights protected by the Fourth Amendment of the U.S. Constitution. These rights include the right to be free from unreasonable searches and seizures. In general, law enforcement officers must have a valid search warrant issued by a judge based on probable cause to search your property. However, there are exceptions to this requirement. For instance, if an officer has reason to believe there is imminent danger, evidence may be destroyed, or consent is given, they may conduct a search without a warrant. You have the right to refuse consent to a search, and it's generally advisable to do so. If the police proceed with a search, it's essential to remain calm and not resist physically, as doing so can lead to additional charges. If you believe your rights were violated during a drug-related search, consult with an experienced criminal defense attorney who can assess the circumstances of the search and potentially challenge any evidence obtained unlawfully.

Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808

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