Location Matters In Drug Cases
Most people are aware that Florida has extremely tough drug laws, and the sentences for breaking those laws are severe. However, what many are not aware of is that the location of an alleged drug crime can sometimes matter just as much as the substance a person is found to possess. An experienced attorney can help explain the lay of the land if you have been charged with a drug offense in Florida.
Drug-Free Zones
Florida, and most other U.S. states, have what are known as drug-free zones. These zones are meant to protect vulnerable people like children and the elderly, and in general, a drug offense committed in these zones will result in an upgrade of the charges – for example, a person caught selling cocaine to children while standing on school grounds (usually a second-degree felony) would almost certainly face a first-degree felony charge, because of the inherent danger to a vulnerable population – schoolchildren.
The most important thing to be aware of regarding drug-free zones is that a person does not have to be aware they are in one in order to be charged with an upgraded offense. It is entirely possible to wind up facing extra time in jail if convicted simply because one chose to turn left instead of right that day. This is why many of these types of offenses can be plea-bargained, though it depends on the individual prosecutor as to whether one would be offered in your case.
Crossing State Lines
When a crime is committed in Florida, the courts and the law of Florida will control the trial of the individual who committed the crime. However, when a crime crosses state lines – for example, mailing drugs through the U.S. Postal Service – it enters federal jurisdiction. Federal drug crimes tend to carry much harsher penalties than state crimes, both in time to serve and the significant fines one must pay if convicted.
It is also important to remember that federal charges, like many charges in Florida, carry mandatory minimum sentences, meaning that if you are convicted of a federal drug crime, there will be a period of time – at minimum, three years – that you must serve before any possible parole or early release is available to you. This may not seem like a long period of time, but it may if you have to serve it.
Contact A West Palm Beach Drug Offenses Attorney
Drug offenses in Florida, whether in state or federal court, carry serious sentences if you are convicted. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help ensure you get your day in court – 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=0800-0899/0893/Sections/0893.13.html#:~:text=(c)%E2%80%83Except,owned%20recreational%20facility.
