Methamphetamine, also referred to as meth, crank, or crystal meth, is a Schedule II controlled substance that will leave those found guilty of selling or delivery the substance facing harsh criminal penalties. Under Florida Statute 893.13(1)(a)(1) a person commits this drug offense when he or she possesses methamphetamine with intentions of selling, manufacturing, or delivering the drug or actually carries through the sale or delivery of meth. At Adams, Luka, & Benton, our Orlando sale and delivery defense lawyers know how vigorously prosecutors work to secure a conviction. It is critical to have a legal team on your side who will fight the allegations just as vigorously and work to protect your freedom.
A simple possession can be turned into a sale or delivery offense depending on factors including the amount of drug an individual is in possession of. Other factors that may result in more serious charges include whether there is drug paraphernalia present, large sums of cash, or even the area (for instance, an area known for meth manufacturing or distribution). While the penalties for possession are serious enough and could result in up to five years in prison, sale or delivery of methamphetamine will bring about harsher punishment.
Penalties for the Sale or Delivery of Methamphetamine in FloridaAn individual who is found guilty of the sale or delivery of meth in Florida will face penalties that include:
A judge may impose a sentence that includes probation, prison, or any combination of the above. It is also important to note a conviction will have a profound impact on other areas of your life. If you hold a professional license issued by the state of Florida, it will be subject to suspension. The Florida DHSMV will revoke your driving privilege for a period of one year. A criminal record does not go away and will make it more difficult to secure employment, housing, or even a student loan. Considering the potential damage, it is critical to consult with a capable and aggressive Orlando drug crimes lawyer who will work to have charges dismissed or reduced, or fight for an acquittal should your case go to trial.
Common DefensesRegardless of the crime allegedly committed, every person is innocent until proven guilty beyond a reasonable doubt. Prosecutors must prove specific elements of a crime in order for the defendant to be found guilty. Some of the defenses often used in a sale or delivery of meth case include:
Constructive possession requires that you demonstrate another person or other people had possession of the methamphetamine, that you did not have control over it or did not know what the substance was. In instances where law enforcement personnel obtain evidence against you in a manner that is unlawful, the charge may be dismissed if evidence that is necessary to obtain a conviction is thrown out. It could be that an individual had methamphetamine in his or her possession without knowing that it was an illegal substance, or even what it was. The defense that works best in a defendant's case depends on the unique facts and circumstances of the case. It is important to work with a defense lawyer who will develop a solid, effective defense strategy early on in the event your case does go to trial.
Contact Adams, Luka, & Benton NowWhen you have been arrested or are under investigation for sale or delivery of methamphetamine it is important to consult with an Orlando drug crimes defense lawyer at Adams, Luka, & Benton immediately. Your legal rights must be protected from the onset; police will do everything possible, including lying, to get you to say things that could further incriminate you. Our priority is to prevent charges from being filed, or to have them dismissed or reduced when possible. Put your future in capable hands. 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.