Orlando Drug Crime Lawyer
Serving Orange County and Polk County
Being accused of a drug crime can have serious consequences, ranging from fines to jail time. Defendants need an Orlando drug crime lawyer who understands the system, knows how to challenge evidence, and stands by their clients. Those that come to Attorney Mills find just such an attorney.
Attorney Mills has over 14 years of experience. That includes time spent in the District Attorney’s office as a prosecutor. He knows that the system isn’t perfect, that law enforcement makes mistakes, and that defendants are innocent until proven guilty. He knows how to investigate an allegation, and since 2015, he has leveraged all of that knowledge and experience to defend the rights of the accused.
With a focus on personalized attention and aggressive advocacy, our entire team will work diligently to achieve the best possible outcome for each client.
Call our office at (321) 475-0928 or use our online contact form to schedule a free consultation. We can have your first meeting either in person or via video conference.
The Penalties for Drug Crimes in Florida
Drug crime sentences can vary widely. At one extreme, illegal possession of a non-addictive prescription drug could result in a fine. At the other extreme, trafficking highly addictive drugs could land a defendant in prison for the rest of their life—and in certain cases, even result in the death penalty.
Suffice it to say, there is a lot of middle ground between those extremes. The factors involved in the charges brought for each specific include—in addition to the prior record of the defendant—the type of crime and the nature of the drug.
Types of Crimes
- Possession: Being caught with illegal drugs for personal use can lead to misdemeanor or felony charges depending on the substance and quantity. Possible defense strategies include challenging the legality of law enforcement’s search.
- Manufacturing: This offense involves the production of controlled substances, Law enforcement often uses sophisticated methods to investigate manufacturing operations, making it important to have a skilled defense attorney who can challenge the evidence.
- Trafficking and distribution: The sale, transport, or importation of illegal drugs in large quantities carries severe penalties, including mandatory minimum sentences and substantial fines.
Types of Drugs
The state of Florida classifies drugs into five different schedules:
- Schedule I: These are highly addictive substances. Prominent examples include heroin, LSD, and ecstasy.
- Schedule II: This level includes cocaine, methamphetamine, and oxycodone.
- Schedule III: Florida’s “middle ground” on drug substances includes anabolic steroids and ketamine, among others.
- Schedule IV: Includes drugs such as Xanax, Valium, and Ambien.
- Schedule V: The lowest rung on the ladder includes medications with low potential for abuse, such as cough suppressants with codeine.
These two categories combined create the landscape for what charges a District Attorney might choose to bring. The person charged with possession of a Schedule V drug will face significantly fewer consequences than the defendant charged with trafficking a Schedule I substance. However, what all cases have in common is leaving behind a permanent record for the defendant if they are found guilty.
Your Constitutional Rights and Drug Crimes Cases
It’s vital that an Orlando drug crimes attorney have a deep understanding of their client’s constitutional rights, particularly those protected by the Fourth Amendment to the U.S. Constitution.
The Fourth Amendment safeguards individuals against unreasonable searches and seizures by law enforcement. This means authorities must obtain warrants based on probable cause before searching for evidence of criminal activity. In drug crimes cases, violations of the Fourth Amendment often arise when law enforcement conducts searches without a warrant, valid consent, or exigent circumstances, potentially leading to the exclusion of illegally obtained evidence from trial.
By invoking the Fourth Amendment in drug crime cases, defendants can challenge the legality of the search and seizure that led to their arrest and the discovery of drugs. Defense attorneys may file motions to suppress evidence obtained unlawfully, arguing that any drugs found as a result of an illegal search should be deemed inadmissible in court.
While this defense can be used in all cases, it can be particularly effective when dealing with drug charges. If law enforcement finds drugs by using an illegal search, the drugs themselves can be excluded from being presented at trial. As a former prosecutor, Attorney Mills knows full well that getting physical evidence excluded is often fatal to a prosecution’s case and can result in the dismissal of the charges.
What You Should Do if You're Arrested for a Drug Crime
Being arrested for a drug crime can be a daunting experience, but it's crucial to stay calm and take the right steps to protect your rights. Here's what you should do if you find yourself in this situation.
Stay Silent and Ask for a Lawyer
One of the most important things to remember is your right to remain silent. Anything you say can and will be used against you in court, so it's vital not to incriminate yourself. Politely but firmly inform the arresting officers that you wish to speak to an attorney before answering any questions. This is your legal right, and exercising it can prevent unintentional self-incrimination.
Do Not Consent to Searches
While law enforcement may search you or your property, you are not required to consent to these searches. Clearly state that you do not consent to any searches. If the officers proceed without your consent, your lawyer may be able to challenge the legality of the search later, potentially leading to the exclusion of any evidence obtained.
Document Everything
As soon as possible, write down everything you remember about the arrest, including the names and badge numbers of the officers involved, the location and time of the arrest, and any interactions you had with law enforcement. This information can be invaluable to your defense attorney in building your case.
Contact an Experienced Drug Crime Defense Lawyer
Immediately seek legal representation from a lawyer who specializes in drug crime defense. An experienced attorney will understand the complexities of drug laws in Orlando and can provide the guidance you need. They can also work to secure your release from custody and begin building a strong defense on your behalf.
Follow Your Lawyer's Advice
Once you have legal representation, follow your lawyer's advice closely. This may include avoiding discussing your case with anyone other than your attorney, attending all court dates, and providing your lawyer with any information or documents they request. Your lawyer is your advocate, and their guidance is crucial to navigating the legal system effectively.
Are There Any Defenses to Drug Crime Charges?
Yes, there are several potential defenses to drug crime charges, depending on the specifics of your case. Here are some common defenses that an experienced Orlando drug crime defense lawyer might explore.
Unlawful Search and Seizure
One of the most common defenses is to challenge the legality of the search and seizure. If law enforcement conducted a search without a valid warrant or probable cause, any evidence obtained during that search may be inadmissible in court. Your attorney will review the circumstances of your arrest to determine if your Fourth Amendment rights were violated.
Lack of Possession
To convict you of a drug crime, the prosecution must prove that you knowingly possessed the illegal substance. If the drugs were found in a location accessible to multiple people or if you were unaware of their presence, your lawyer might argue that you did not have actual or constructive possession of the drugs.
Entrapment
Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. If you can demonstrate that you were coerced or persuaded by police officers to engage in illegal activity, you may have a valid entrapment defense.
Insufficient Evidence
The prosecution must prove your guilt beyond a reasonable doubt. Your lawyer will scrutinize the evidence against you and may argue that it is insufficient to support a conviction. This can involve challenging the credibility of witnesses, questioning the reliability of forensic evidence, or highlighting inconsistencies in the prosecution's case.
Each case is unique, and the best defense strategy will depend on the specific facts and circumstances of your situation. Consulting with a skilled Orlando drug crime defense lawyer is essential to developing an effective defense and protecting your rights.
Call (321) 475-0928 today for a free consultation.
Fighting for Defendants
Having a knowledgeable and dedicated attorney on your side can make all the difference in safeguarding your rights. Our experienced legal team at Attorney Mills is committed to fighting tirelessly on behalf of our clients, utilizing creative defense strategies, and leveraging constitutional protections to challenge the prosecution’s case.
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“If you need an amazing lawyer, look no further.”
“Jonathan was able to get my case dismissed and ALSO had the case sealed and my record expunged. All in all, Jonathan Mills did a remarkable job and I couldn’t have asked for better representation.”- Frank R. -
“I highly recommend him to anyone facing severe criminal charges.”
“Mills made sure to handle this case as if it was his own family going through this tragic ordeal. With that said I cannot express how thankful our family is for his dedication.”- Angela V. -
“He is efficient, professional and reliable.”
“We’re very happy that we went with him as our lawyer. Thank you attorney Mills for the time you put in this case and producing a better than expected outcome!”- Hannah B. -
“Jonathan was an amazing lawyer and went far beyond what was expected.”
“He understood the challenges that she was facing and stuck with us well beyond the length of time that was reasonable. The end result was better than we ever could have hoped for.”- John C.
What You Can Expect Working With Us
When you choose Attorney Mills, you receive unwavering support and transparent communication throughout your legal journey. Learn why clients choose us by scheduling a free consultation.
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Boutique FirmAs a boutique firm, we offer the resources and expertise of a larger practice while maintaining the personalized service and attention to detail that sets us apart
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Proven Track RecordWe have a history of achieving favorable outcomes for our clients through strategic negotiation and aggressive courtroom advocacy.
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Strategic AdvantageOur team brings a unique perspective to the table with a combination of former prosecution and extensive trial experience.
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Free ConsultationsDuring your free consultation, we will review your case details, answer your questions, and provide an initial assessment to help you understand your legal options and next steps.
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Comprehensive Legal SupportWe offer clear communication, unwavering support, and tireless representation from start to finish.
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24/7 Help AvailableLegal issues can arise at any time, and we understand the urgency and stress that come with facing criminal charges.