Narcotics - Legal Consequences
If you have been arrested on a drug offense, whether it be marijuana, methamphetamine, heroin, cocaine, and are found guilty of possession or trafficking of a controlled substance, the sentence could range from a fine and counseling, to years of incarceration in prison. The factors determining your outcome depend upon the amount and kind of drug, as well as the quality of your legal representation. Drug offenses can be prosecuted at the federal level, the state level, or possibly both if the offense violates both federal and state law. Drug laws are constantly changing and should be taken very seriously, even a minor drug charge can bring with it serious
penalties upon conviction.
In the federal court system, when a person is convicted of a crime, they receive a sentence based upon a complex point system. This system is referred to as the US Sentencing Commission Guidelines (Click on US Sentencing guidelines to view them - FYI : its a lot of reading). The guidelines are considered advisory only, on both the federal and the state levels. Judges calculate the guidelines and give them heavy consideration when determining a sentence but are not required to issue sentences within them.
In state court, felony drug cases are classified in degrees, such as first degree, second, and third degree, and state jail felony. The first degree is the most serious and can carry a maximum sentence.
Narcotics - Legal Defense
The first thing that has to be examined in defending against a drug offense is how the evidence was obtained. You have rights based on the U.S Constitution which requires a certain procedure to be followed. The first order is to see if the evidence was obtained in a manner not consistent with your rights.
In order to prove that someone is in constructive possession of narcotics, a prosecutor in Florida must show that the accused:
1) Had ownership and control over the drugs.
2) Was aware of the presence of the narcotics.
3) Had the ability to maintain control of the drugs.
4) Had knowledge of the illicit nature of the narcotics.
The defense of drug offenses is difficult and should not be left to an attorney with minimal experience. It requires an attorney with skills, knowledge, and experience. As a former federal prosecutor with many years in the Department of Justice, Rick Jancha knows what the other side is going to do. Rick Jancha has handled all types of drug offenses from the very minor (possession) to the major (drug trafficking).
Narcotics defense involves but is not limited to:
If you have been arrested on a drug offense, whether it be marijuana, methamphetamine, heroin, cocaine, and are found guilty of possession or trafficking of a controlled substance, the sentence could range from a fine and counseling, to years of incarceration in prison. The factors determining your outcome depend upon the amount and kind of drug, as well as the quality of your legal representation. Drug offenses can be prosecuted at the federal level, the state level, or possibly both if the offense violates both federal and state law. Drug laws are constantly changing and should be taken very seriously, even a minor drug charge can bring with it serious
penalties upon conviction.
In the federal court system, when a person is convicted of a crime, they receive a sentence based upon a complex point system. This system is referred to as the US Sentencing Commission Guidelines (Click on US Sentencing guidelines to view them - FYI : its a lot of reading). The guidelines are considered advisory only, on both the federal and the state levels. Judges calculate the guidelines and give them heavy consideration when determining a sentence but are not required to issue sentences within them.
In state court, felony drug cases are classified in degrees, such as first degree, second, and third degree, and state jail felony. The first degree is the most serious and can carry a maximum sentence.
Narcotics - Legal Defense
The first thing that has to be examined in defending against a drug offense is how the evidence was obtained. You have rights based on the U.S Constitution which requires a certain procedure to be followed. The first order is to see if the evidence was obtained in a manner not consistent with your rights.
In order to prove that someone is in constructive possession of narcotics, a prosecutor in Florida must show that the accused:
1) Had ownership and control over the drugs.
2) Was aware of the presence of the narcotics.
3) Had the ability to maintain control of the drugs.
4) Had knowledge of the illicit nature of the narcotics.
The defense of drug offenses is difficult and should not be left to an attorney with minimal experience. It requires an attorney with skills, knowledge, and experience. As a former federal prosecutor with many years in the Department of Justice, Rick Jancha knows what the other side is going to do. Rick Jancha has handled all types of drug offenses from the very minor (possession) to the major (drug trafficking).
Narcotics defense involves but is not limited to:
- Drug trafficking charges
- Drug sales charges
- Drug possession with intent to deliver charges
- Drug possession with intent to distribute charges
- Cultivation of marijuana charges
- Facilitating a drug transaction by communication device (telephone) charges
- Manufacturing a controlled substance charges
- Possession of a controlled substance charges
- Maintaining a house where drugs are sold or kept charges
- Possession and use of a firearm during a trafficking offense charges
- Money laundering charges
Florida federal criminal defense attorney Rick Jancha is experienced in the issue of drug-related offenses and can mount a vigorous and aggressive defense of charges against you. He will draw on his extensive experience as a former federal prosecutor to pursue every angle of defense to convince the prosecutor to reduce the charges or go for a dismissal. Your life and all that you know is on the line. You need someone like Rick Jancha who knows how the other side thinks because he was the other side.