Possession of drugs can be charged by the State Attorney as a felony or a misdemeanor in Florida. How this possession is charged ultimately depends on the type and amount of drugs. For example, simple possession of a small amount of marijuana is usually charged as a misdemeanor. In addition to the possibility of jail time fines and court costs, simple marijuana possession will result in the suspension of your driver’s license for a year. Possessing large amounts or selling drugs will almost certainly result in your charge being filed as a felony.
Major Felony Drug Cases
People accused of possessing large amounts of drugs, cultivating or manufacturing drugs, or selling drugs are not generally eligible for the approved diversion programs. Mr. Swiatek has had some significant success recommending to the Court that these offenders be placed in alternative facilities. In the most serious cases, the prosecution will be asking the Court to sentence you to prison. While past performance is not a guarantee that your case will qualify for an alternative to prison, Glenn Swiatek has successfully placed his clients into such alternative facilities.
Glenn Swiatek will always look behind the charges and check for legal motions that may be brought to have your charges dismissed. Even if you were caught in possession of drugs, the circumstances leading to that charge may not have been legal. For example, did the police have probable cause to search you, your car or your home? If not, Glenn Swiatek may be able to have the judge throw out this illegally obtained evidence leading to a dismissal of charges.
In many other drug cases there is a major issue as to who had “control” or “ownership” of the drugs found. Even if you were found in a vehicle with drugs the prosecution must prove that you had “dominion and control” over the drugs and knew that the “nature of the substance” found in the automobile was that of illegal narcotics.
Contact Glenn Swiatek for a free consultation today at 850-609-0940.
Related posts about drug crimes
- State v. Young - Posted in Postconviction and Appellate Results - Court: Circuit Court for Fort Walton Beach, Florida Charge: Trafficking in Heroin, Possession of Cocaine and Possession of Marijuana Case Category: Post-Conviction Relief Position: Our client was charged with Trafficking in Heroin, Possession of a Controlled Substance – Cocaine and Possession of Marijuana Under Twenty Grams. His trial counsel failed to file a Motion to Suppress based upon… more
- CLIENT FACES FIVE YEARS IN PRISON FOR DELIVERY OF MARIJUANA - Posted in Case Results - PRETRIAL MOTION TO DISMISS GRANTED AND CLIENT GOES TO MEDICAL SCHOOL Court: Circuit Court for Walton County, DeFuniak Springs, Florida Charge: Sale or Delivery of Marijuana Details: Our client was charged with Sale or Delivery of Marijuana. Allegedly, the client had been receiving large quantities of marijuana via FedEx and would deliver the same to… more
- State v. Parker - Posted in Postconviction and Appellate Results - Charge: Sale of Cocaine Courts: Okaloosa Circuit Court Case Number: 2008 CF 409; 949 Case Category: Postconviction Relief Position: The Defendant was charged with sale of Cocaine in two cases and sentenced to 15 years in prison. We filed a Motion for Post-conviction Relief alleging Ineffective Assistance of Counsel. The Motion was based on counsel not objecting to the… more
- CONSPIRACY TO DISTRIBUTE COCAINE AND POSSESSION OF COCAINE - Posted in Case Results - NOT GUILTY AFTER JURY TRIAL Court: United States District Court for the Northern District of Florida Charges: Conspiracy to Distribute Cocaine and Possession of Cocaine Details: Our client faced 44 years in Federal Prison for Federal charges arising from a controlled buy in Florosa, Florida. The actual sale was conducted by her boyfriend. The main witnesses against… more
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- What should I expect to happen for being arrested for possession of drug paraphernalia while I am on county probation for First Offense Driving Under the Influence? - Posted in Law Articles - What should I expect to happen for being arrested for possession of drug paraphernalia while I am on county probation for First Offense Driving Under the Influence? I have not had any other violations and I am 8 months into my one-year probationary period and other that the DUI I have no other criminal record.I… more
- What is a Diversion Program? - Posted in FAQs - Diversion offers are plea offers negotiated with the State Attorney. There are five programs offered in the Firsit Judicial Circuit which is the Circuit for Escambia, Santa Rosa, Okaloosa and Walton Counties. Pre-trial Diversion, the misdemeanor program, and Pre-trial Intervention, the felony program can both be risky agreements. A few years ago the State Attorney's… more
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