| Gainesville, Florida Federal Drug Crime Defense Attorneys |
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What are FEDERAL DRUG CRIMES?
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Federal drug charges can involve possession of a specified amount of illegal drugs, transporting illegal drugs across state lines with intent to sell, or attempting to carry illegal drugs on board an airplane. These kinds of federal drug charge cases often result after months of investigation by the FBI, the Bureau of Alcohol Tobacco and Firearms, or another government agency.
Constitutional Drug Issues
Drug charges involving substances such as cocaine, methamphetamine, heroin, marijuana and Ecstacy often contain many constitutional issues. The drug crime defense attorneys of Ron Sholes, P.A. will challenge violations of constitutional issues in the Fourth, Fifth and Sixth Amendments to the U. S. Constitution.
An important weapon in the arsenal of any defense attorney is the ability to identify a breach of the defendant's constitutional rights and suppress evidence damaging to the accused. Many cases begin with an arrest that follows a traffic stop or a search of property. If the evidence in your case was obtained in violation of the Fourth Amendment, it may be possible to prevent that evidence from being used against you at trial and may even result in a dismissal of the case. The police may have been reckless or sloppy with their procedures. They may have made mistakes in securing a warrant or in conducting the search.
Likewise, if you made a statement to police or gave an interview, your Fifth or Sixth Amendment rights to counsel may have been violated. A careful, diligent and thorough drug crime defense attorney can find those defects and make them work to your advantage. Call the Law Offices of Ron Sholes, P.A. if you need just such an attorney to defend you in the Orlando, Florida area. |
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FEDERAL DRUG TRAFFICKING PENALTIES
| DRUG/SCHEDULE | QUANTITY | PENALTIES | QUANTITY | PENALTIES |
Cocaine
(Schedule II) | 500 - 4999 gms mixture | First Offense:
Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual.
Second Offense:
Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual. |
5 kgs or more mixture | First Offense:
Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.
Second Offense:
Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.
2 or More
Prior Offenses:
Life imprisonment |
Cocaine Base
(Schedule II) | 5-49 gms mixture | 50 gms or more mixture |
Fentanyl
(Schedule II) | 40 - 399 gms mixture | 400 gms or more mixture |
| Fentanyl Analogue (Schedule I) | 10 - 99 gms mixture | 100 gms or more mixture |
| Heroin (Schedule I) | 100 - 999 gms mixture | 1 kg or more mixture |
| LSD (Schedule I) | 1 - 9 gms mixture | 10 gms or more mixture |
| Methamphetamine (Schedule II) | 5 - 49 gms pure or 50 - 499 gms mixture | 50 gms or more pure or 500 gms or more mixture |
| PCP (Schedule II) | 10 - 99 gms pure or 100 - 999 gms mixture | 100 gm or more pure or 1 kg or more mixture |
| PENALTIES |
Other Schedule I & II drugs
(and any drug product containing Gamma Hydroxybutyric Acid) | Any amount |
First Offense:
Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense:
Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual. |
| Flunitrazepam (Schedule IV) | 1 gm or more |
| Other Schedule III drugs | Any amount |
First Offense:
Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
| Flunitrazepam (Schedule IV) | 30 to 999 mgs |
| All other Schedule IV drugs | Any amount |
First Offense:
Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense:
Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
| Flunitrazepam (Schedule IV) | Less than 30 mgs |
| All Schedule V drugs | Any amount | First Offense:
Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense:
Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual. |
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FEDERAL TRAFFICKING PENALTIES - MARIJUANA
| DRUG | QUANTITY | FIRST OFFENSE | SECOND OFFENSE |
| Marijuana | 1,000 kg or more mixture; or 1,000 or more plants. |
Not less than 10 years, not more than life.
If death or serious injury, not less than 20 years, not more than life.
Fine not more than $4 million if an individual, $10 million if other than an individual.
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Not less than 20 years, not more than life.
If death or serious injury, mandatory life.
Fine not more than $8 million if an individual, $20 million if other than an individual.
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| Marijuana | 100 kg to 999 kg mixture; or 100 to 999 plants. |
Not less than 5 years, not more than 40 years.
If death or serous injury, not less than 20 years, not more than life.
Fine not more than $2 million if an individual, $5 million if other than an individual.
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Not less than 10 years, not more than life.
If death or serious injury, mandatory life.
Fine not more than $4 million if an individual, $10 million if other than an individual.
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| Marijuana | More than 10 kgs hashish; 50 to 99 kg mixturemore than 1 kg of hashish oil; 50 to 99 plants. |
Not more than 20 years.
If death or serious injury, not less than 20 years, not more than life.
Fine $1 million if an individual, $5 million if other than an individual.
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Not more than 30 years.
If death or serious injury, mandatory life.
Fine $2 million if an individual, $10 million if other than individual.
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| Marijuana | 1 to 49 plants; less than 50 kg mixture. |
Not more than 5 years.
Fine not more than $250,000, $1 million other than individual.
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Not more than 10 years.
Fine $500,000 if an individual, $2 million if other than individual.
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| Hashish | 10 kg or less. |
| Hashish Oil | 1 kg or less. |
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A Law Firm of
Military Vets
Fighting For YOU! |
LOCATIONS
RON SHOLES, P. A. |
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4981 Atlantic Boulevard
Jacksonville FL 32207
(Next to Colonial Point Apts.,
8/10th mile west of
University Blvd. intersection)
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Toll Free: 800-384-7575
Phone: 904-721-7575
Fax: 904-721-7474
486 North Temple Ave.
Starke, FL 32091
(Across the street from
Bradford High School)
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Phone: 904-964-4055
Fax: 904-964-4755
637 Blanding Blvd., Ste. 4
Orange Park FL 32073
(Next door to Fiore Chiropractic,
across from Starbucks Coffee.)
* * * * * * * * * * * *
Phone: 904-272-7575
Fax: 904-721-7474
700 Reid St.
Palatka, FL 32177
(Corner of N. 7th St., 2 blocks west
of Putnam County Courthouse)
* * * * * * * * * * * *
Phone: 904-964-4055
Fax: 904-964-4755
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Wiretapping Evidence
Some drug cases are built on evidence collected by secret recordings. There is nothing more damaging to the defense at trial than hearing the defendant's own words played for the jury. However, to be admissible in Court, the recordings must be made within the bounds of the law. The legal authority that controls the use of wiretaps in a criminal case derives from Title III of the 1968 Omnibus Safe Streets and Crime Control Act. This Act places severe limitations on the use of wiretaps as an investigative tool and the admissibility of evidence gleaned from those wiretaps. Wiretapping can only be done when allowed by a court order, which requires probable cause; it can be used only as a last resort, when other techniques have failed; the amount of irrelevant personal data cap-tured has to be minimized; law enforcement has to notify the target after the wiretap has been completed; and, the recordings and filings them-selves must be properly sealed.
If you have been charged with a Federal Drug Crime in Orlando, Jacksonville, Gaines-ville, Orange Park or a surrounding area, call our law firm at 1-800-384-7575 today for a free initial consultation about your case. |
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© 2009 - LAW OFFICES OF RON SHOLES, P.A.
The Law Firm of Ronald E. Sholes, P.A. is based in Jacksonville, FL, with offices in Orange Park and Starke.
We represent clients in Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach, Orange Park, Argyle Forest, St. Augustine,
Middleburg, Green Cove Springs, Fruit Cove, Fleming Island, Doctors Inlet, Amelia Island, Fernandina Beach, Callahan, Palatka,
Fernandina Beach, Yulee, Hilliard, Melrose, Lake Butler, Kingsley Lake, Ponte Vedra, Starke, Lawtey, MacClenny, Lake City,
Ocala, Gainesville, Waldo, High Springs, Keystone Heights, Hampton, Palm Coast, Glen St. Marys, Baldwin, Port Orange,
Ormond Beach, Flagler Beach, Brooksville, Mayport Naval Station, NAS Jacksonville, New Smyrna Beach, DeLand, Orlando,
Altamonte Springs, Winter Park, Orange City, Kissimmee, Tallahassee, and San Marco. Counties that we have represented
clients in include Duval County, Clay County, Nassau County, St. Johns County, Bradford County, Union County, Columbia County,
Putnam County, Suwannee County, Alachua County, Orange County, Flagler County, Citrus County, Marion County, Lafayette County, Levy County,
Osceola County, and Gilchrist County. Our attorneys are licensed to practice throughout the State of Florida. |
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