FAQ: Drug Offenses

If you are facing drug charges, you may feel helpless about where to turn. Below, you will find general information about common questions that arise in drug cases.

It is important to remember that every situation is unique. At MSPerryLaw, our defense attorneys can answer questions about your specific circumstances. Fill out the quick online contact form to arrange a free consultation.

What Are The Penalties For Drug Crimes?

The potential sentence depends on many factors, including:

  • The type of charge and number of counts
  • Whether it's a state or federal case
  • Whether it's a felony or misdemeanor offense
  • The type and quantity of the substance involved

In general, penalties could range from probation or short jail time for misdemeanor offenses to years or even decades in prison for more serious charges. You could also lose valuable property through a process called civil forfeiture.

Can I Be Charged With Drug Possession Even If The Drugs Weren't On My Person?

Many people are baffled when they get charged with drug possession for illegal substances that were not even within their physical reach. Perhaps they were found in a suitcase, car trunk, glove compartment or closet. However, the state can still charge you for drugs in your "constructive possession" — that is, drugs you knew about and had control over.

What If The Drugs Belong To Somebody Else?

Much depends on the circumstances of your case. In general, though, the prosecution must prove only that you knew (or should have known) about the drugs, regardless of who they actually "belonged" to.

When Can Police Search My Property?

You have a constitutional right to be free from unreasonable searches and seizures. A complex web of case law (court cases) defines the scope of this right. Police officers must have a lawful basis for stopping your vehicle or searching your person or property. Again, much depends on your situation.

If the police violated your rights, that could be grounds for getting pivotal evidence thrown out. Our firm can analyze whether illegal search or seizure is an issue in your case.

What Is Drug Court?

Florida drug courts are an alternative to the traditional, punishment-based approach to drug crimes. They are designed as a treatment-based program for those with drug addictions. If eligible, you may be able to avoid jail time and ultimately get the charges dismissed after successfully completing treatment. Our lawyers can help you explore whether drug court is an option.

What Is Civil Forfeiture?

Civil forfeiture is a secondary consequence of many types of drug offenses. The state may bring a separate case in civil court to confiscate property connected to the drug crime such as cash, vehicles or even your home.

Have Additional Questions About Drug Crimes?

Call our office in Sarasota at 941-365-4000 (1-800-FIGHT-IT
toll free) for more specific advice about your situation. The initial consultation is free, so you have nothing to lose. We are available 24/7.