TAMPA CRIMINAL DEFENSE ATTORNEY
SENIOR PARTNER AT NELSON, BISCONTI AND MCCLAIN, LLC
DRUG POSSESSION AND DELIVERY
Drug possession cases often present search and seizure issues (Fourth Amendment). My thirty-three (33) years in the criminal justice system certainly helps me in assisting you in getting evidence suppressed and or cases dismissed. However, in many instances there are no technicalities to help us get a charge reduced or dismissed. While my legal education and training is always of benefit, my experience has taught me to deal professionally and honestly with the prosecutors and judges. Sometimes those accused of drug possession must take responsibility for their actions and start on a path that will address their use or addiction issues. My experience as your counselor will assist in guiding you down the right path.
Simple Drug Possession
Persons arrested for felony drug possession who have little or no prior criminal records may be offered the opportunity to complete a drug diversion program.Once appropriate drug treatment is completed, criminal charges shall be dismissed. In the event that a person is not eligible for drug diversion, a probationary sentence is often appropriate where at times a formal felony conviction may be avoided.
Possession with Intent to Sell
Those charged with possession with intent to sell face much more severe consequences than those charged with simple drug possession. However, the key determining factor in these cases is whether or not the prosecutor can prove beyond a reasonable doubt that the individual possessed a controlled substance with the intent to sell it in the state of Florida. When certain controlled substances are possessed with the intent to sell or deliver or are actually sold or delivered within 1,000 feet of the real property of certain structures, the charge may be aggravated from a second degree felony to a more serious first degree felony. Those structures include childcare facilities, schools, parks and community centers. Furthermore, except for childcare facilities, a person convicted of committing the cited offenses must be sentenced to a minimum term of imprisonment of 3 calendar years.
Other possessions with intent or delivery charges that may be aggravated to first degree felonies are offenses committed within 1,000 feet of places of worship, convenience stores and public housing facilities.
If you have been charged with drug possession with intent to sell in Florida, it is imperative that you contact a qualified and experienced drug possession lawyer immediately. To speak with Attorney Richard Bisconti 24/7, call his personal cell phone at (813) 404-2013