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Although states enjoy talking about how they are independent of the federal government, they have a tendency to follow many of the regulations and laws that the Feds put in place. This includes the outdated and reactive drug laws that have forced many people to deal with disproportionate sentencing and harsh penalties.
Florida has certainly been in lock step with the federal government in this case, passing many highly punitive laws regarding illicit substances and drugs. This harsh stance on drugs has ruined the lives of many Florida residents and has shown no signs of abating any time soon.
For this reason, among many others, it is vital that you have proper legal representation at your side if ever accused of drug trafficking. Not only will you have to deal with Florida’s extensive sanctions, there is also a possibility that you will be charged on a federal level as well. A criminal defense attorney will be able to take all the facts into account and develop a proper legal strategy for your particular situation.
The stakes are very high when it comes to a charge involving large amounts of illegal drugs. The state and the justice system will do everything they can to convict of these allegations. Due to this predatory environment, the necessity for capable legal counsel is paramount when it comes to defending your name and freedom for these serious accusations.
William Roelke is an experience Jacksonville drug attorney who has provided legal representation to many individuals accused of drug trafficking throughout his extensive career. Using a logic based approach, William and staff search out the facts of the case in a precise and professional manner. They will analyze every aspect of the allegations and develop a defense strategy that places the burden of proof on the prosecution. Beginning a relationship with Roelke Law, P.A. will bring you one step closer to resolving this stressful situation and moving on with your life.
Representing individuals and families throughout Northeastern Florida, William Roelke and staff proudly work with those accused of drug crimes in Duval County, St. Johns County, Clay County and Nassau County. Providing a quick response, the firm will immediately begin work on your case after an initial consultation. To schedule a free and confidential meeting with an attorney, call (904) 354-0333 or send an online message.
The state of Florida has an extensive list of illicit substances that are considered illegal. The most common drugs on this list include:
All of these substances are classified in different “schedules” according to severity. This listing can be found in The Florida Comprehensive Drug Abuse Prevention and Control Act. Schedule I drugs have the most potential for abuse and the least medical use, if any, in the United states (heroin, meth, marijuana). Schedule II have significant potential for abuse and limited recognized medical use (opiates, Oxycodone, Hydrocodone). Schedule III have lower potential for abuse and some medical use (anabolic steroids). Schedule IV have low potential for abuse and frequently used for medical purposes, whereas Schedule V have the least potential for abuse and are commonly used for medical purposes.
As for the law itself, according to Fla. Stat. § 893.135, drug trafficking occurs in the state when an individual knowingly sells, purchases, manufactures, delivers or bring into the state a controlled substance, or is knowingly in actual or constructive possession of an illegal substance. Drug trafficking usually occurs when an individual delivers, brings, or imports illegal substances into or out of Florida or the nation.
The charge for those accused of drug trafficking will be a Felony of the First Degree (§893.135). The standard sentence for a first-degree felony is up to 30 years in prison and / or up to $10,000 in fines.
There are many circumstances that will be taken into account before sentencing, including what substance was being trafficked, how much of that substance was trafficked, if the trafficking was between states and if there were other crimes committed. As a general guide, here are some of the more common drugs and their penalties:
Cocaine
Opiates (heroin, codeine, morphine)
Amphetamine
Along with drug trafficking being considered a major state offense, the potential for additional federal charges is very real. that Under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.), anyone who manufactures, imports, distributes or traffics controlled substances with the intent to sell the substances either across state borders, throughout the state, from Florida into a foreign county, or from a foreign country into Florida will be charged with a federal offense.
The sanctions resulting from a Federal drug trafficking conviction will vary widely, depending on which schedule the controlled substance is in, the amount of the drug trafficked, the individual’s prior criminal history and whether death or serious bodily injury occurred while the offense was being carried out.
If you or a loved one has been accused of drug trafficking in Florida, it is important to immediately begin the defense of these charges with the help of a qualified Jacksonville narcotics lawyer. A trafficking charge will require legal counsel that is both willing to aggressively pursuit of the facts of the case and stand up for you against an establishment that is squarely intent on prosecuting you to the fullest extent.
Roelke Law is a full-service legal practice that focuses on providing excellent representation to Florida residents who are dealing with a pending criminal investigation. With over a decade of experience working with those accused of drug trafficking, drug defense lawyer William Roelke and staff provide efficient and proactive legal counsel at a time when you need it most.
To schedule a free initial consultation with an attorney, please call (904) 354-0333 or send on online message today. The firm proudly serves the residents of Jacksonville, Atlantic Beach, St. Augustine, Orange Park, Keystone Heights and Fernandina Beach, among many others.