Sarasota Drug Crime Lawyer

Experienced Drug Crime Defense Attorney Serving Sarasota County, FL

When facing a potential drug crime conviction, you are at risk for severe consequences. Being convicted of any drug offense, you run the risk of facing significant penalties, including long prison terms, and putting your employment at risk. 

If you’ve been arrested for any drug crime, you need a trusted drug crime attorney in Sarasota to help you. At the Law Offices of Eric Reisinger, our drug crime lawyer can assist you throughout the entire legal process, from arraignment to discovery and even trial.

Prior to opening our practice, Eric Reisinger gained valuable experience as a prosecutor at the State Attorney’s Office. We understand how the state gathers and evaluates evidence, and we can quickly review the facts and circumstances of your arrest to assess the strengths and weaknesses of the case against you. We will determine when it is in your best interest to seek a plea agreement and when to fight for your rights in court.

Call our Sarasota drug crime lawyer today at (941) 541-5335 and schedule a free consultation. 

Drug Charges We Handle in Sarasota

Common drug crimes charges we defend in Sarasota include, but are not limited to:

• Possession of a Controlled Substance (Florida Statute § 893.13): This is the most frequently encountered drug charge. It involves knowingly possessing a controlled substance without a valid prescription. The classification and penalties vary greatly depending on the type of drug and the amount possessed.
• Sale, Manufacture, or Delivery of a Controlled Substance / Possession with Intent to Sell (Florida Statute § 893.13): These are significantly more serious offenses than simple possession and are always felonies. Even if no actual sale occurred, factors like packaging (multiple small bags), the presence of scales or large amounts of cash, or text messages indicating sales can lead to an "intent to sell" charge.
• Drug Trafficking (Florida Statute § 893.135): This is an extremely serious offense in Florida, involving the knowing sale, purchase, manufacture, delivery, possession, or transportation of specific quantities of controlled substances that exceed certain statutory thresholds. Intent to sell is presumed at these amounts; you don't have to be caught in a transaction.
• Drug Paraphernalia (Florida Statute § 893.147): This involves the use or possession with intent to use drug paraphernalia (e.g., pipes, bongs, scales, syringes, packaging materials).

Understanding Drug Crimes in Florida

According to Florida law, a person can face criminal charges for possessing, possessing with intent to sell, selling, transporting, manufacturing, or trafficking drugs. Not only do drug charges apply to illegal narcotics, but they also pertain to prescription medications and even medical marijuana without proper authorization.

The state and federal government classify drugs based on “schedules.” Schedule I drugs have the highest potential for abuse with no accepted medical use, while Schedule V drugs have the lowest potential for abuse and multiple medical uses.

The following is a breakdown of drug schedules in Florida:

• Schedule I – Common types of drugs include heroin, LSD, MDMA (ecstasy), bath salts, and cannabis
• Schedule II – Common types of drugs include cocaine and methamphetamine
• Schedule III – Common types of drugs include anabolic steroids, ketamine, and Tylenol with codeine
• Schedule IV – Common types of drugs include Ambien and Diazepam
• Schedule V – Common types of drugs include cough medicines with a low amount of codeine

Drug charges are based on the type of drug involved. While a small quantity may result in simple possession, a larger amount may lead to possession with intent to sell or even trafficking.

Furthermore, penalties are determined by the schedule of a drug. For example, possession of a Schedule I, II, III, or IV narcotic is a third-degree felony, carrying a maximum prison term of five years and a fine no more than $5,000. Possession of a Schedule V controlled substance is a first-degree misdemeanor, punishable by a jail sentence of up to one year and a maximum fine of $1,000.

What is Florida's Stance on Marijuana?

Although marijuana is a Schedule I narcotic under federal law, medical marijuana is legal in Florida. However, recreational cannabis remains illegal in the state and is associated with its own set of penalties.

Possession of up to 20 grams of marijuana in Florida is a first-degree misdemeanor, while possession of more than 20 grams but less than 25 pounds constitutes a third-degree felony.

Are Steroids Illegal in Florida?

Anabolic steroids are classified as a Schedule III narcotic under federal and state laws, which means they are illegal in Florida. It is illegal to use, sell, or possess anabolic steroids.

While steroids are not considered as dangerous as other drugs like heroin or cocaine, penalties for possession or distribution can still be steep. If you've been arrested, contact our Sarasota drug attorney.

Penalties for Drug Crimes Convictions in Florida

Navigating the legal landscape of drug crimes in Florida can be daunting, especially when the stakes are high. Understanding the potential consequences of a drug-related conviction is crucial for anyone facing charges. Penalties can range from hefty fines to lengthy prison sentences, depending on the type and amount of substance involved, as well as any prior offenses.

Here are some potential consequences of drug crime convictions in Florida:

First-Degree Misdemeanor

e.g., possession of less than 20 grams of marijuana, paraphernalia.

• Jail Time: Up to 1 year in county jail.
• Fines: Up to $1,000.
• Probation: Up to 1 year.

Third-Degree Felony 

e.g., possession of 20 grams or more of marijuana, or any amount of most Schedule I-IV controlled substances; manufacture/delivery of paraphernalia; Worthless Checks $150+.

• Prison: Up to 5 years in state prison.
• Fines: Up to $5,000.
• Probation: Up to 5 years.

Second-Degree Felony 

e.g., sale/manufacture/delivery of most Schedule I/II drugs; certain aggravated assaults.

• Prison: Up to 15 years in state prison.
• Fines: Up to $10,000.
• Probation: Up to 15 years.

First-Degree Felony 

e.g., most drug trafficking charges, manufacturing in the first degree, sale/delivery of large quantities.

• Prison: Up to 30 years in state prison.
• Fines: Up to $10,000 (or much higher mandatory minimum fines for trafficking, sometimes reaching $750,000).
• Probation: Up to 30 years.

Additional Penalties

• Probation: Some offenders may be sentenced to probation, which comes with strict conditions and monitoring.
• Criminal Record: A drug conviction can lead to a permanent record, affecting employment opportunities and housing applications.
• Impact on Family: Drug charges can strain relationships with family and friends, leading to emotional and social repercussions.
• Loss of Rights: Certain drug convictions can also lead to the loss of rights, such as the right to vote or own a firearm.
• Community Service: As part of sentencing, individuals may be required to perform community service, which could impact personal time and obligations.

Navigating these legal implications requires knowledgeable legal advice to explore options such as plea deals or diversion programs that might mitigate these penalties.

Aggravating Factors and Enhancements For Drug Convictions

• Mandatory Minimum Sentences for Trafficking: These are particularly harsh, requiring specific prison time (e.g., 3 years, 7 years, 15 years, 25 years, or life) and enormous fines based solely on the quantity of drugs possessed, sold, or transported.
• School Zones/Protected Areas: Drug crimes committed within 1,000 feet of a school, park, playground, or other specified areas can carry enhanced penalties, including mandatory minimum sentences.
• Sale to Minors: Distributing drugs to a minor (under 18) by an adult (over 18) is a felony, often with enhanced penalties.
• Prior Convictions: Florida's sentencing guidelines and habitual offender laws heavily punish repeat offenders, leading to significantly longer prison terms. A conviction for a drug felony can also lead to a driver's license suspension.
• Use of a Weapon: Committing a drug crime while armed with a weapon can lead to additional charges or enhancements.
• Serious Injury/Death: If drug distribution leads to serious bodily injury or death (e.g., drug overdose, tainted drugs), severe charges like felony murder or manslaughter could be filed.
• Federal Charges: Many large-scale or interstate drug crimes are prosecuted federally. Federal penalties are often even more stringent, including longer mandatory minimum prison sentences, higher fines (potentially millions of dollars), and aggressive asset forfeiture actions.

The severity and escalating nature of these penalties, particularly for possession of controlled substances or trafficking, underscore the critical need for a strategic and aggressive drug crimes lawyer in Sarasota.

The Long-Term Consequences of Drug Crime Charges in Sarasota

Facing drug crime charges in Florida can be overwhelming, and understanding the potential consequences is crucial for making informed decisions. Drug offenses can lead to severe penalties, including hefty fines, imprisonment, and a permanent criminal record, which can affect future employment and housing opportunities.

Here’s what you need to know about the potential impacts of drug crime charges:

• Legal Consequences: Depending on the severity of the charge, you may be facing misdemeanor or felony charges, each carrying different penalties.
• Impact on Employment: A drug conviction can hinder your job prospects, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record.
• Loss of Professional Licenses: For those in regulated professions, a drug charge could result in the loss of your professional license, affecting your career.
• Increased Insurance Rates: A drug conviction can lead to higher insurance premiums or difficulty obtaining insurance altogether.
• Emotional and Social Consequences: Beyond legal repercussions, being charged with a drug crime can lead to stress, anxiety, and strained relationships with family and friends.

At the Law Offices of Eric Reisinger, PA, we understand the complexities of drug crime cases and are committed to providing you with the guidance and support needed to navigate this challenging time. Our experienced attorneys will work tirelessly to protect your rights and help minimize the consequences you face.

Contact Our Sarasota Drug Crime Attorney Today 

Our firm provides comprehensive counsel to people who have been charged with possession or trafficking of illegal drugs. We handle cases involving all types of controlled substances, from marijuana and cocaine to heroin, meth, and even prescription drugs.

When you hire us to defend you on a drug charge, we will conduct a thorough investigation of the facts and circumstances leading to your arrest:

• We will look at whether police had probable cause to conduct any search or seizure.
• If you were caught in a buy by an undercover police officer, we will investigate whether the tip came from a confidential informant. If so, we will look at the history of the informant to determine credibility.
• We will also question whether law enforcement officers properly identified you or whether the wrong person was arrested.
• We will verify that the substance sold or possessed was what they claimed it was. If it was a prescription drug, we will verify whether you have a valid prescription.

Our meticulous approach ensures that every detail is scrutinized to build a robust defense, potentially uncovering procedural errors or rights violations that could influence the outcome favorably.

Our Sarasota drug crime attorney will also help you get the help you need through a diversionary program such as rehabilitation. We are committed to help you avoid conviction and get your life back on the track.

To discuss your case with Sarasota Drug Crime Attorney Reisinger, contact us online or call (941) 541-5335 today.