In Gainesville, Florida, charges for drug crimes are some of the harshest in the country. If you’ve been caught possessing or trafficking drugs, you could be facing jail time, fines, and other penalties. By contacting an experienced criminal defense attorney in Gainesville, like those at Smith & Eulo, you’ll be choosing your best shot at minimizing any penalties that may be incurred against you after you’ve been arrested for drug charges.
Florida drug crimes can be split into two categories. Possession means you were caught with a controlled substance. Trafficking is the most serious drug offense and can happen if you’re caught selling, transporting, or importing drugs. Some acts that you can be charged with that result in drug charges are:
- Illegally possessing or transporting controlled substances
- Illegally growing marijuana
- Unlawfully manufacturing drugs
- Conspiring to commit drug crimes
- Driving under the influence of illegal drugs
Why Choose Our Drug Crimes Attorney in Gainesville?
A strong drug defense requires legal experience and a proactive, strategic approach. Smith & Eulo’s team combines these qualities to give clients in Gainesville an advantage. Here’s what sets us apart:
- More than 10 years successfully helping Florida residents with drug charges, from misdemeanor possession to major trafficking
- Board-Certified criminal attorneys who stay current with Florida’s changing drug laws and defenses
- Recognition as one of The National Trial Lawyers Top 100 for outstanding results
With Smith & Eulo, you’ll have experienced advocates on your side every step of the way.
How Can a Gainesville Drug Defense Lawyer Protect You After an Arrest?
Following a drug arrest, a lawyer’s guidance is critical for maximizing your options and avoiding severe consequences. An experienced drug defense attorney will take immediate steps to challenge the case against you by:
- Reviewing the circumstances of your arrest for improper police conduct or illegal search and seizure
- Challenging the validity of any warrants, stops, or searches involved
- Requesting suppression of evidence obtained in violation of your rights
- Analyzing whether the substance qualifies as illegal under state or federal law
- Advocating for release at bail hearings
- Negotiating with prosecutors for reduction of charges or diversion programs
A strong legal defense starts as early as possible after your arrest. Call us today to schedule your free consultation.
What are Drug Schedules?
Florida Statutes Section 893.13 prohibits citizens from illegally manufacturing, selling, possessing, or trafficking drugs and controlled substances. The Controlled Substance Act organizes drugs into schedules based on their medicinal usefulness, potential for misuse, safety, and addictiveness.
Schedule I
Schedule II
These drugs can be used medicinally but under strict doctor’s supervision. The general public does not have access to them, and they have a high potential for drug abuse. Examples would be cocaine, methamphetamine, fentanyl , oxycodone, and PCP.
Schedule III
Schedule IV
Schedule V
Controlled Substance Offenses Under Florida Law
Florida Statute § 893.13 outlines multiple drug-related crimes, such as simple possession, purchase, sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver a controlled substance.
- Simple Possession: Being found with illegal drugs for personal use. This means having a controlled substance on your person, in your belongings, or somewhere under your control without a valid prescription or legal authority.
- Purchase: Buying or acquiring a controlled substance can constitute a criminal offense under Florida law. The severity of the charge depends on factors such as the type and quantity of the controlled substance involved.
- Sale: Selling a controlled substance to someone else, regardless of the quantity involved.
- Manufacture: Producing, creating, or processing a controlled substance. This includes actions like unlawfully growing marijuana or chemically creating drugs in a lab.
- Delivery: Moving, handing over, or transporting drugs from one person to another, intentionally. Delivery can include giving drugs to another person even if no money is exchanged.
- Possession with Intent to Sell, Manufacture, or Deliver: Having controlled substances in your possession, where there is evidence (like packaging, large quantities, scales, cash, or communications) suggesting you planned to sell, manufacture, or deliver, rather than simply use them for personal consumption. Prosecutors don’t need to prove an actual sale or delivery occurred, but must prove intent.
Each offense carries its own set of penalties and legal implications under Florida law.
Actual Possession vs. Constructive Possession
Understanding the difference between actual and constructive possession is crucial in Florida drug cases. The type of possession alleged can greatly affect how your case is prosecuted and what types of defenses may apply.
Actual Possession
Actual possession means the drugs are found directly on your person. This could be in your hand, your pocket, or a bag you’re holding. Actual possession is usually simpler for the prosecution to prove because there’s a lot less dispute about who the drugs belonged to.
Constructive Possession
Constructive possession occurs when the drug is not found on you, but prosecutors claim you knew about it and had the ability to exercise control over it. This often includes substances found in a vehicle, a shared living area, or anywhere else that you and other people both have access to. These cases are harder to prove, and simply being near an illegal substance doesn’t mean you possessed it.
What Defenses Can a Defense Attorney Use to Challenge a Drug Crime Charge?
There are several legal strategies that can be used to challenge drug charges in Gainesville depending on the facts of your case, the type of drug involved, and how the evidence was collected. Your defense attorney will review every detail to determine what approach can provide the strongest protection for your future. Here are some of the most common defenses:
Illegal Search and Seizure
If law enforcement found drugs as a result of an illegal traffic stop, an unlawful search of your person, car, or home, or did not have a valid warrant or probable cause, your attorney can request that the evidence be suppressed. Without the drugs or other critical evidence, prosecutors often have little or no case. By challenging police procedure, this defense may lead to reduced charges or even a complete dismissal.
Lack of Knowledge or Intent
If you did not know about the presence of drugs, especially in constructive possession cases, your lawyer may show that you had no awareness or intent to possess the illegal substance. For example, this defense can be raised if drugs were left by someone else in a borrowed car or shared apartment.
Overdose Defense (Good Samaritan Law)
Florida’s Good Samaritan law provides protection from arrest, charges, or prosecution for certain drug possession and related offenses when the evidence was obtained because you sought emergency medical help for an overdose, whether for yourself or someone else. If applicable, this protection encourages people to seek emergency assistance by limiting their criminal exposure for specified offenses.
Not a Controlled Substance
Sometimes the material seized isn’t actually a controlled substance or is wrongly identified by law enforcement’s initial tests. Your lawyer may challenge the testing or identification of the substance, including the reliability of laboratory results used by the prosecution.
Entrapment
Entrapment applies when law enforcement induces someone to commit a crime they would not normally commit. Your lawyer must demonstrate that the police’s conduct led to the crime instead of your own independent decision. Entrapment is a technical and case-specific defense, and is difficult to use successfully, but it’s worth considering in some situations.
What Are The Penalties For Drug Charges?
Penalties for drug crimes can be a misdemeanor or a felony and will depend on the type of drugs you had, how much you had, and your history of other drug crimes. You can expect the following jail time with these common drug amounts:
10 Years in Jail
Heroin : 1 kilogram Cocaine: 5 kilograms Marijuana: 1000 kilograms or more Cocaine mixtures: 280 grams or more PCP: 100 grams or more PCP Mixtures: 1 kilogram or more LSD Mixtures: 10 grams or more
Meth and meth-related drugs: 50 grams or more Meth Mixtures: 500 grams or more
5 to 40 Years in Jail
Heroin: 100 grams Cocaine: 500 grams Cocaine Mixtures: 28 grams or more PCP: 10 grams or more PCP Mixtures: 100 grams or more LSD: 1 gram or more Marijuana: 100 kilograms Meth and Meth-related substances: 5 grams or more
Contact Our Drug Crime Lawyers in Gainesville Today!
By working with an attorney, they can ensure the minimal amount of charges possible for your situation. They’ll analyze the legality of the law officer’s producers when they search your person, car, or house, and they’ll also investigate their arresting procedures.
The team of lawyers at Smith & Eulo have a combined 100+ years of experience with the Florida court systems. You can rest assured that by working with Smith & Eulo, you’ll be treated with justice and fairness.
If you or your loved one find themselves in a situation where you are being accused of drug crime? Call us right away at 904-714-4405 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans . In addition to our Gainesville office, we have offices in the following cities across the state of Florida:
