Florida Statutes Chapter 893 contains definitions and sanctions for drug-related crimes. Some of the common drug offenses are: trafficking, possession, distribution, manufacture, and sale. Drug-related crimes can range from a misdemeanor to felony of the second degree, depending on the amount of controlled substance seized and the schedule that the substance falls into (Schedule I-the most severe penalties).
Depending on the severity of a charge, an individual may face a minimum mandatory sentence ranging from 3 years to 7 or 15 years. The some of the possible defenses for possession of a controlled substance can be lack of knowledge or constructive possession. Mr. Stewart is an expert at representing clients on drug-related charges. He skillfully conducts pre-trial motion practice to challenge issues like illegal search and seizures (aka warrantless searches), traffic stops, and knowledge to weaken the prosecutor’s arguments. An individual may be eligible for probation, diversion program, lesser charges, or a complete dismissal of the case.
There are numerous options available to help the client cope with substance abuse issues through treatment programs such as private in-patient or outpatient treatment or government-funded agencies based on need and availability. The Courts look favorably upon persons who seek substance abuse treatment as a condition of their sentence. This option not only aids a person in the personal life but also has the potential to lessen the sanctions of their sentence.