Possession of Marijuana Defense Lawyer Gainesville, FL

Understanding Possession Laws in Gainesville, FL

The Florida Statute 893.13 establish the specific terms of imprisonment based on the type of drug and the quantity of the drugs involved in the trafficking. Certain trafficking offenses include mandatory minimum sentences. The minimum sentence will be determined by the quantity of drugs involved. Here are some examples of the most common types of drug trafficking charges.

For the possession of Marijuana, any person who knowingly sells, purchases, manufactures, delivers, or brings the drug in the State of Florida, or who is knowingly in actual or constructive possession of more than 25 pounds of marihuana, or 300 or more Marijuana plants will have committed a felony of the first-degree punishment. The quantity of the drugs will determine the sentencing.

• Excess of 25 pounds, but less than 2,000 pounds: The mandatory minimum imprisonment is 3 years with a fine of $25,000
• 2,000 pounds or more, but less than 10,000 pounds: The mandatory minimum imprisonment is 7 years, with a fine of $50,000
• 10,000 pounds or more: The mandatory minimum imprisonment is 15 years with a fine of $200,000

Possession of 28 grams or more of cocaine: The felony will be considered a first-degree punishable by the amount involved. The following guideline is used by the courts when determining the sentencing and fine to be paid:

• Excess of 28 grams, but less than 200 grams: The mandatory minimum imprisonment is 3 years, and the defendant will have to pay a fine of $50,000
• 200 grams or more, but less than 400 grams: The mandatory minimum imprisonment is 7 years and a fine of $100,000
• 400 grams or more, but less than 150 kilograms: The minimum term of imprisonment is 15 years and a fine of $250,000

Another common drug that defendants are charged with is the distribution or possession of hydrocodone. For the possession or distribution of hydrocodone, the following guideline is used by the courts when determining the sentencing and fine to be paid:

• Excess of 28 grams or more, but less than 50 grams: The mandatory imprisonment is 3 years with a fine of $50,000
• 50 grams or more, but less than 100 grams: The mandatory imprisonment is 7 years fine of $100,000
• As for 100 grams or more, but less than 300 grams: The mandatory imprisonment is 15 years and a fine of $500,000
• For 300 grams or more, but less than 30 kilograms, the minimum imprisonment is 25 years and a fine of $750,000

Role of a Possession of Marijuana Defense Attorney in Gainesville, FL

A Possession of Marijuana Defense Attorney in Gainesville, FL plays a pivotal role in advocating for their clients’ rights and interests. They are responsible for crafting a strong defense strategy, which may include challenging the legality of the arrest, cross-examining witnesses, and presenting compelling evidence in court.

Beyond litigation, they provide invaluable support and guidance, helping clients understand their legal options and the potential consequences of their charges. By working closely with clients, a defense attorney strives to achieve the best possible outcome, whether through negotiating reduced charges, securing dismissals, or pursuing alternative sentencing options. So consider hiring from Smith & Eulo’s experienced and skilled team.

Key Strategies for Marijuana Possession Defense

Pre-trial strategies are crucial in Possession of Marijuana Defense in Gainesville, FL. These include examining the circumstances of the arrest, evaluating search and seizure procedures, and potentially challenging the legality of the stop or search. A skilled Possession of Marijuana Defense Lawyer in Gainesville, FL, can identify constitutional violations or procedural errors that could lead to the suppression of evidence or dismissal of charges.

During trial, effective defense strategies pivot on building a robust case based on evidence. This may involve demonstrating a lack of knowledge of the presence of marijuana, disputing the amount or intent, or presenting mitigating factors such as medical necessity or entrapment. A knowledgeable attorney from Smith & Eulo’s firm can adeptly navigates courtroom procedures, cross-examines witnesses, and presents compelling arguments in favor of the defendant.