Call Us Today: 863.709.0808
In the State of Florida, there are various forms of Drug Crimes:
Some drug charge crimes may require the prosecution to prove intent, such as the sale of illegal drugs or illegally obtained prescription drugs. The law has provisions that dictate that a specific amount or weight of a certain type of drug shows intent. In other drug cases, physical possession or physical control of the drugs must be proved beyond a reasonable doubt. Physical control of the drug is a factor that will be argued relating to possession and/or intent.
If you have been charged with a drug crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.
Medical Marijuana Cards
By Attorney, Ricardo Alvarez
Podcast Video
with Attorney, Ricardo Alvarez
ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
RICARDO ALVAREZ - BIOGRAPHY › › ›
CRIMINAL LAW
AREAS OF LEGAL PRACTICE
Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense
CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›
ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
RICARDO ALVAREZ - BIOGRAPHY › › ›
CRIMINAL LAW
AREAS OF LEGAL PRACTICE
Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense
CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›
Penalties for drug possession in Florida vary depending on the type and quantity of the controlled substance involved, as well as any prior criminal history. For example, possession of a small amount of marijuana (20 grams or less) is typically classified as a misdemeanor, which can result in up to one year in jail and fines. Possession of more significant amounts or certain controlled substances can lead to felony charges, carrying steeper penalties, including longer prison sentences and higher fines. Additionally, individuals convicted of drug possession offenses may face collateral consequences such as suspension of their driver's licenses and restrictions on certain benefits or employment opportunities. Florida also offers diversion programs and treatment options for some first-time offenders as an alternative to incarceration. To understand the specific penalties for drug possession in your case, consult with an attorney familiar with Florida drug laws who can provide guidance based on the unique circumstances of your situation.
In Florida, it is possible to have a drug charge expunged or sealed under certain circumstances, but the eligibility criteria are strict. Generally, eligible individuals must meet specific requirements, such as having a clean record for a predetermined waiting period after completing their sentence or probation. Additionally, not all drug charges are eligible for expungement or sealing, especially if they involve serious drug trafficking or distribution offenses. To explore the possibility of expunging or sealing a drug charge, it is advisable to consult with an experienced criminal defense attorney in Florida who can evaluate your case, determine your eligibility, and guide you through the legal process. Expungement or sealing can offer significant benefits, such as improving employment prospects and removing the charge from public view, but the eligibility process is complex and requires legal assistance to navigate effectively.
In Florida, the key difference between drug possession and drug trafficking lies in the quantity of drugs involved and the intent behind the possession. Drug possession generally refers to having a controlled substance for personal use, and it can vary in severity depending on the type and quantity of the substance. It is typically considered a less serious offense. Drug trafficking, on the other hand, involves possessing, manufacturing, distributing, or selling controlled substances in larger quantities with the intent to distribute them to others. Trafficking charges are much more severe and come with mandatory minimum sentences that can lead to lengthy prison terms, primarily based on the weight or quantity of drugs involved. The specific charges and penalties can vary depending on the type of drug, its quantity, and other factors, so it's crucial to consult with an experienced criminal defense attorney in Florida if you're facing drug-related charges to understand the potential consequences and build a strong defense.
Whether you will go to jail for a first-time drug offense in Lakeland or Polk County, Florida, depends on several factors, including the nature and severity of the offense, the type and quantity of drugs involved, and your prior criminal history. For some first-time drug offenders, especially those charged with simple possession of small amounts of controlled substances, courts may offer alternatives to incarceration, such as probation, drug education programs, or treatment options. However, if the offense is more serious, involves larger quantities of drugs, or includes other aggravating factors, you may face the possibility of jail time. It's essential to consult with an experienced criminal defense attorney who can assess the details of your case, advocate for the most favorable outcome, and explore available diversion programs or sentencing alternatives that may help you avoid or minimize incarceration for a first-time drug offense in Florida.
Yes, you can be charged with drug possession even if the drugs were not yours, but it depends on the specific circumstances of the case. Law enforcement may arrest individuals in proximity to drugs or in situations where there is joint or constructive possession, which means that multiple people may have access to or control over the drugs. To secure a conviction, the prosecution typically must establish that you knew about the presence of the drugs and had the ability and intent to exercise control or ownership over them. In some cases, individuals may be wrongfully charged due to mistaken identity or other factors. If you find yourself facing such charges, it's crucial to consult with an experienced criminal defense attorney who can build a strong defense, challenge the evidence against you, and advocate for your rights in court.
The "drug court" program in Florida is a specialized court system designed to address the needs of individuals with substance abuse issues who are facing drug-related criminal charges. Drug courts aim to provide an alternative to traditional criminal prosecution by emphasizing treatment, rehabilitation, and supervision over incarceration. Participants in the program are typically required to complete substance abuse treatment, attend counseling, submit to regular drug testing, and meet other court-ordered conditions. The program's structure includes frequent court appearances where participants' progress is reviewed, and they receive support and encouragement from judges and court staff. Successful completion of the drug court program can lead to reduced charges, lesser sentences, or even dismissal of charges in some cases. Participation in the program is voluntary, but it can offer a path to recovery and rehabilitation for individuals struggling with substance abuse issues while addressing the underlying causes of their criminal behavior.
Yes, drug crimes in Lakeland and Polk County, Florida, may be eligible for diversion programs, but eligibility criteria vary depending on factors such as the nature and severity of the offense, prior criminal history, and the specific diversion program available in the jurisdiction. Typically, first-time or non-violent drug offenders are more likely to be considered for diversion programs. These programs often include requirements like substance abuse counseling, random drug testing, community service, and regular check-ins with probation officers. Successful completion of a diversion program may lead to reduced charges, case dismissal, or a more lenient sentence. However, eligibility and program availability can vary by jurisdiction, so consulting with an experienced criminal defense attorney in Lakeland or Polk County is crucial to determine the specific options available for your drug-related case and to guide you through the process effectively.
Yes, Florida has mandatory minimum sentences for certain drug offenses, particularly those related to trafficking in controlled substances. The specific mandatory minimum sentences depend on the type and quantity of drugs involved. For example, trafficking in larger quantities of drugs, such as cocaine, heroin, or methamphetamine, can result in mandatory minimum sentences ranging from three to 25 years in prison, depending on the substance and amount. These mandatory minimums apply when offenders meet specific criteria outlined in Florida's drug trafficking laws. However, it's important to note that not all drug offenses in Florida carry mandatory minimum sentences, and sentences for drug possession or lesser offenses can vary depending on factors like criminal history and the specific circumstances of the case. If you are facing drug-related charges in Florida, consulting with an experienced criminal defense attorney is essential to understanding the potential consequences and exploring available defense strategies.
During a drug-related police search in Florida, you have certain rights protected by the Fourth Amendment of the U.S. Constitution. These rights include the right to be free from unreasonable searches and seizures. In general, law enforcement officers must have a valid search warrant issued by a judge based on probable cause to search your property. However, there are exceptions to this requirement. For instance, if an officer has reason to believe there is imminent danger, evidence may be destroyed, or consent is given, they may conduct a search without a warrant. You have the right to refuse consent to a search, and it's generally advisable to do so. If the police proceed with a search, it's essential to remain calm and not resist physically, as doing so can lead to additional charges. If you believe your rights were violated during a drug-related search, consult with an experienced criminal defense attorney who can assess the circumstances of the search and potentially challenge any evidence obtained unlawfully.
6700 Florida Ave S, Lakeland, FL 33813
Phone: 863.709.0808
Home • Attorney, Ricardo Alvarez - Biography
Criminal Defense • DUI Defense • Contact Us
Copyright Image Credits
Website Design: Tiger Prey Media