Charged with the Sale of Cocaine, Sale of Marijuana or Sale of Controlled Substances in Gainesville?

Have you been charged with the sale of cocaine, sale of marijuana or sale of controlled substances such as Oxycontin and Hydrocodone in Gainesville, Starke, Lawtey, Middleburg, Palatka, Orange Park, Jacksonville, St. Augustine or other communities in Alachua County, Duval County, St. Johns County, Nassau County, Clay County, Baker County, Bradford County or Putnam County?   If you answered “yes”, then it is very important that you take the time to educate yourself about Florida and Federal drug crime laws involving sales and distribution.  Without aggressive legal representation you almost certainly face conviction and a stiff penalty as Jacksonville area prosecutors and judges have gotten tough on defendants charged with the sale of cocaine, sale of marijuana and sale of controlled substances such as Oxycontin and hydrocodone.  This is why you need the services of an experienced drug sale attorney who understands drug sales charges. Our drug crime attorneys are licensed in state and federal court.

If you have been charged in state or federal court with the sale of drugs, act now to ensure your rights are protected and try to avoid the serious penalties. Our Gainesville area lawyers represent defendants charged with all types of drug sale charges such as:

• sale of cocaine
• sale of crack cocaine
• possession with intent to sell
• sale of marijuana and intent to sell
• sale of Oxycontin and intent to sell
• sale of Hydrocodone and intent to sell
• sale of Ecstacy / MDMA / X / XTC and intent to sell
• sale of heroin and intent to sell
• sale of cocaine within 1000 feet of a church
• sale of cocaine within 1000 feet of a school
• sale of cocaine within 1000 feet of a convenience store
• armed sale of cocaine or other drugs
• sale of Flooritab
• sale of Demerol
• sale of Vioxx
• sale of Oxycodone
• sale of illegal drugs
• sale of methamphetamines (meth)

If you have been charged with the sale of cocaine or other substance within 1,000 feet of a church, school or convenience store you face increased penalties and almost certain jail time, so hiring a lawyer that understands drug crime defense is important! Although the charge is a second degree felony, just as a normal sale of cocaine case, the offense level is increased two (2) levels and goes from offense level five (28 points) to offense level seven (56 points), which results in an additional 21 months in Department of Corrections added to your minimum sentencing guidelines. You need a drug crime lawyer who understands the sentencing guidelines and your score sheet at the beginning of your case. Don't wait until it's too late to hire a drug crimes lawyer to protect your rights!

Frequently, our drug sale layers are fighting drug sale charges as a result of Gainesville area undercover police operations, employing a drug task force officer who poses as a purchaser, or oftentimes, they will use what is commonly known as a confidential source (CS) or a confidential informant (CI) in Jacksonville. Rest assured, our drug sale attorneys, our former prosecutor, and our criminal investigator understand the complexities, involved in these types of cases. We can prove weakness in the case if the “CI” did not follow instructions, their audio/video evidence is of poor quality, or the drug task force failed to properly search the “CI” both before and after the drug sale. The police must also search the car belonging to the “CS” if a car is involved. There could also be indentification issues if the “CS” is not a credible witness or audio/ video evidence is degraded or suppressed from evidence. Regardless, the credibility of the confidential source must be considered, and will likely be attacked by your legal defense team.

Drug crime attorneys often simply don't consider the reality of the effects that a drug sale conviction and prison sentence will have on their client's lives and families. Prosecutors and judges are not always focused on dishing out stiff punishments, but trying to do what is fair and just under the circumstances. You need a drug sale attorney who understands your “mitigating circumstances” and focus on how to use those to your advantage, if necessary. Let's face it, sometimes the evidence is stacked against someone charged with the sale of cocaine, sale of marijuana or other illegal substances, or sale of a controlled substance. Mitigation can be very important to help achieve a fair and just resolution, even if the evidence is stacked against you. Consider the following mitigating circumstances, which, although not a legal basis to depart from the guidelines, may morally serve to do so:

• drug problem (in need of treatment)
• no prior drug treatment offered
• family obligations
• children to support
• lack of criminal history
• financial difficulties
• good employment history/opportunties
• medical condition
• cooperation with law enforcement
• completed probation successfully in the past
• candidate for house arrest/house detention
• candidate for pre-trial intervention or drug court (reduction in charge may be needed)

Additionally, legal justification for a departure from your “score sheet” including lack of criminal history, your minor (or secondary) role in the drug sale, and law enforcement assistance, may legally serve as justification for a lesser sentence and serve as mitigation for a reduced charge or alternative sentencing option.

If a person is convicted of drug sale charge, he or she faces serious penalties and may be sentenced with jail time or prison, fines, community service, probation, court-ordered drug and alcohol counseling, and two (2) year drivers license suspension as well as other penalties.  The penalties for most drug crimes, like sales, are life-changing.  For this reason, you need a serious drug crime lawyer on your side. All sale charges are second degree felonies punishable by up to fifteen (15) years in the Department of Corrections. However, depending on the quantity of the sale you could also face a drug trafficking charge.

The usual constitutional issues do not normally arise in the context of a traditional sale charge, such as illegal stop, illegal detention or illegal search and seizure, because oftentimes a confidential source (CS) is used by law enforcement to justify arrests. Nonetheless, there still may be Constitutional charges based on Due Process or other Constitutional grounds. Additionally, when someone is charged with possession with intent to sell, the usual Constitutional challenges must be considered, and if relevant to the drug sale charge, aggressively challenged by your attorney.

• illegal stop - violation of Constitutional rights
• illegal detention / illegal seizure - violation of Constitutional rights
• illegal search - violation of Constitutional rights
• police misconduct - violation of Constitutional rights - Due Process
• mistaken identity

At Ron Sholes, P.A., our drug sale attorneys handle all types of misdemeanor and felony drug crime cases.  We have successfully represented clients who have been charged with a variety of drug crimes, including drug sales and trafficking.  Our reputable Florida lawyers have helped hundreds of clients contest their criminal charges and move forward with their lives!

If you have been charged with a drug sale charge in Gainesville, Starke, Lawtey, Hawthorne, Green Cove Springs, Orange Park, MacClenny, Palatka or a surrounding area, call for a free, no-hassle initial consultation at (904) 721-7575.