The sale or delivery of cocaine in the state of Florida is considered a second-degree felony, and is committed when an individual either possesses the drug with the intent to sell, manufacture or deliver it or actually sells, manufactures, or delivers cocaine in any amount under Florida Statute 893.13(1)(a)(1). At Adams, Luka, & Benton our Orlando drug sale and delivery attorneys know that with these types of cases, all may not be as it seems. Sometimes a person may simply be at the wrong place at the wrong time. Entrapment may be a factor, as police and law enforcement officials are not above working to get someone to commit a crime he or she otherwise would not have committed. When you face serious drug charges, it is vital to seek outstanding legal counsel.
Cocaine is a Schedule II substance on the DEA (U.S. Drug Enforcement Administration) schedule of drugs. Schedule II substances are drugs that are considered highly addictive and dangerous with an elevated potential for abuse. Second only to Schedule I drugs, criminal offenses involving the sale or delivery of cocaine will leave those found guilty facing harsher penalties than offenses involving less serious substances such as tramadol, xanax, codeine and other drugs that are less likely to be abused.
Penalties for a Sale or Delivery of Cocaine ConvictionIf you are convicted or found guilty of the charges against you, the punishment is severe. The judge may sentence you to:
Any or all of the above may apply depending on your criminal history and the facts of your individual case.
Those found guilty of the sale or delivery of cocaine will also face having a professional license issued by the state of Florida suspended, along with a one-year revocation of their driving privilege by the Florida DHSMV.
Legal DefensesAs we mentioned earlier, a person may be charged with sale or delivery of cocaine when that person actually did not commit the crime, at least intentionally. The fact that you were present when another person was conducting a sale of cocaine is not an indicator of guilt, although prosecutors will work vigorously under any circumstances to obtain a conviction. Even if you were in possession of cocaine but had no intentions of selling or delivering the drug, the government will attempt to prove its case, maintaining that you possessed more of the substance than would typically be considered normal for personal use. Packaging, large amounts of cash and other paraphernalia also come into play in many drug cases.
Some of the most effective defenses used in protecting the defendant from a conviction include:
With lack of knowledge you will be required to testify that you either lacked knowledge the substance in your possession was illegal, or that it was cocaine. Illegal search and seizures often occur, as police or law enforcement frequently go beyond their scope of authority or convince a suspect into agreeing to a search of his or her body, home, vehicle or other property. In situations where authorities perform a search without a valid search warrant or coerce the accused, it may be possible to have the evidence suppressed, meaning it will not be allowed in court. This is extremely beneficial for the defendant and often makes a conviction less likely due to the lack of strong evidence.
Contact Adams, Luka, & Benton TodayThose accused of the sale or delivery of cocaine often do not realize the true impact a conviction can have on their lives. Not only may you face prison time or probation (or both), a criminal record will affect many aspects of your life including employment and reputation. Even when a person is innocent, simply being charged with a drug crime often results in being shunned in the community. At Adams, Luka, & Benton we believe in innocent until proven guilty beyond a reasonable doubt. Our Orlando drug crime defense lawyers are ready to go to work for you, defending your legal rights and freedom while fighting the allegations against you. Contact us now for a free consultation.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.