Drug Crimes & Habitual Offender Status In Florida

If a person is convicted of a drug crime in the state of Florida, and they have a past history of drug use or distribution, it is sometimes within a judge’s purview to impose stricter penalties on them. One of these penalties is known as habitual offender, or habitual felony offender, status. Being tagged with this status can lead to long-term legal consequences – but certain offenses are exempt. Having the right attorney on your side can ensure your rights are protected.

Possession & Purchase Exempted

Habitual offender status can be imposed on a person when certain criteria are fulfilled: namely, if they have been convicted of two or more qualifying offenses in Florida within a certain time frame (usually, within five years of each other). For this specific qualification, the felonies in question must also not be violent felonies; if a person commits multiple violent felonies within a five-year period, a “habitual violent felony offender” status is used for them.

In terms of drug-related offenses, it is important to be aware that state law explicitly exempts drug possession and purchase from the list of offenses to be considered for habitual offender status. In other words, a person may attain that status if they are convicted of, say, two felony drug distribution or trafficking charges, but simple possession does not count.

Defense May Be Possible

If you are facing charges related more to drug distribution or trafficking, know that this can result in your being labeled a habitual offender, and in turn, this status can cause long-term problems during your time in the legal system. For example, it is more common for habitual offenders on probation, after serving a sentence, to face stricter reporting requirements and even longer probation periods in general.

In general, it is possible to assert a defense to try and prevent habitual offender status, most notably by challenging the legality and/or the timing of convictions. The statute requires that a habitual offender have committed two qualifying offenses within a five year period – if a conviction occurred too long ago, it cannot be used against a defendant to make them a habitual offender.

Call A West Palm Beach Drug Offenses Attorney

A person with a history of drug-related offenses may wind up facing stricter penalties than one with no criminal record, but both deserve their day in court. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can ensure that your rights are protected during the legal process. Contact our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.084.html