Fort Myers Drug Crime Lawyer

Drug Crime Attorney in Fort Myers, FL

Florida takes drug crimes very seriously. Whether you’re being accused of trafficking in illegal substances or you’ve been caught carrying a small amount of drugs for personal use, you need to hire a Fort Myers drug crime lawyer who can help you fight the charges.

Trust The Caldarone Law Group, P.A.

The team here at The Caldarone Law Group, P.A., has extensive experience working with clients accused of drug crimes. Our founding attorney, Justin P. Caldarone, has over 10 years of trial experience and knows what it takes to provide clients with aggressive courtroom representation. We can help you with your drug crime case.

Why Hire a Drug Crime Lawyer?

In FY 2023-24, there were 1,614 drug arrests made in Lee County. In 2022, drug crimes accounted for 34% of all reported federal crimes in the Sunshine State. Powdered cocaine accounted for 51.4% of these federal cases, with methamphetamines following behind at 25.3% and fentanyl involved at a rate of just 8.2%.

It doesn’t matter whether you’ve been caught in possession of cocaine or you’re being accused of trafficking fentanyl. You need to take your situation seriously and hire a drug crime lawyer who can help you fight the charges being levied against you. Your lawyer can help you understand the nature of those charges, evaluate the evidence against you and the prosecution’s case, and come up with a strategy for your defense.

Elements of a Drug Possession Charge in Florida

To have someone convicted of the crime of drug possession in Florida, the prosecution needs to prove several key elements. They must prove that:

• The alleged drug was a controlled substance.
• The defendant had knowledge that the drug was present and that it was illegal.
• The defendant was in control of the drug, either by having it on their person or within the realm of their control.

If your Fort Myers drug crime attorney is able to refute any of these elements, the prosecution won’t have a solid case, and you shouldn’t be convicted of a drug crime.

The penalties for drug possession vary. Possessing 20 g or less of cannabis is a first-degree misdemeanor, while possession of any Schedule V controlled substance is a second-degree misdemeanor in Fort Myers, FL. You’ll be charged with third-degree felony possession if you’re found with Schedule I or II drugs like heroin, methamphetamine, cocaine, or LSD, and first-degree felony possession if you have more than 10 grams of any of these controlled substances.

You may face enhanced penalties for drug possession if you’re arrested within 1,000 feet of a school, church, or public recreational facility like North Fort Myers Park or Gateway Community Pool.

Drug Distribution vs. Drug Trafficking

If you’re found in possession of a small amount of drugs for personal use, you’re less likely to face extreme consequences than you would be if you were convicted of drug distribution or trafficking. The difference between these two serious crimes lies in the amount of the controlled substance you have in your possession. There are different thresholds for each type of drug. Florida statute 893.135 defines trafficking as being in possession of more than:

• 25 lbs. of cannabis
• 28 g of cocaine
• 4 g of heroin and similar drugs
• 7 g of oxycodone
• 4 g of fentanyl and similar drugs
• 14 g of methamphetamine and similar drugs

These cover just a few of the most commonly seized substances. If you’re caught with more than these thresholds in your possession, you can be charged with drug trafficking, which is a serious felony offense with a maximum charge of life imprisonment. 

If you’re caught with less than these amounts, but the prosecution can show that you intended to distribute the drugs, you can be charged with drug distribution. Law enforcement infers the intent to distribute based on factors such as the possession of paraphernalia necessary for weighing out and selling drugs, such as scales and packaging, or lots of cash.

FAQs

What Is the New Drug Law in Florida?

The new drug laws in Florida focus on increasing penalties for drug crimes involving fentanyl and xylazine. They allow the state to charge anyone who distributes fentanyl with third-degree murder if it leads to a person’s death, set new minimum sentences for trafficking, and create a new first-degree felony offense for selling xylazine.

Can First-Time Drug Offenders Go to Jail in Florida?

First-time drug offenders can go to jail in Florida. The state has harsh drug laws, so a jail-free outcome is never guaranteed, even for a first offense. Whether you’re incarcerated will depend on the circumstances surrounding the case, including what type of drug was involved and whether you’ve been charged with a misdemeanor or a felony.

What Happens if You Get Caught With Drugs in Florida?

What happens if you get caught with drugs in Florida varies depending on what kind of drugs you’re caught with and how much of them. Some drug crimes are misdemeanors, while others are felonies. Being caught with a small amount of marijuana for personal use is less likely to lead to serious prison time than being caught with a large amount of fentanyl for distribution, for example.

What Is the Law on Drug Possession in Florida?

The law on drug possession in Florida is one of the strictest in the country. Florida Statute Chapter 893 governs the penalties for drug possession, which depend on the type and quantity of the substance you’re caught with. It’s often the case that people face felony charges for possession of even small amounts of drugs.

Your Fort Myers Drug Crime Lawyer

If you’ve been caught in possession of any sort of illicit substance, you can work with a Fort Myers drug crime lawyer to improve your chances of a successful outcome in court. The team here at The Caldarone Law Group, P.A., has years of experience with litigating drug crime cases. We understand drug crime laws and know how to use them to provide our clients with a robust defense against their charges. Contact us to schedule an initial consultation today.