If you or a loved one has been arrested for the Sale of Drugs in Fort Myers, Cape Coral, Naples, Port Charlotte or Punta Gorda contact a Criminal Defense Lawyer from Viacava & Cantor. The experienced and aggressive Criminal Defense Attorneys from Viacava & Cantor have extensive experience defending people who have been accused of selling drugs in Southwest Florida. By far and away the two most heavily utilized ways for the police to obtain arrests of people allegedly selling drugs are using confidential informants and going undercover. In either of the two aforementioned methods the person making the buys (either the confidential informant, commonly referred to as a C.I., or the undercover officer) will be equipped with an audio device (and in some cases an audio/video device) in order to record the transaction. When faced with objective evidence (such as a recording) against you it is incredibly important to hire legal counsel that understands how to fight on your behalf against the evidence and against the charge. Hire a Drug Sale Lawyer from Viacava & Cantor if you have been arrested for allegedly selling drugs in Fort Myers, Cape Coral, Naples or Punta Gorda.
The most common types of Drug Sale arrests in the State of Florida are:
- Sale of Marijuana: Sale of Marijuana is generally a third degree felony. Third degree felonies are punishable by a maximum of five years in prison.
- Sale of a Controlled Substance: When someone is arrested for selling pills such as oxycontin, roxycontin, dilaudid, percocet, vicodin, hydrocodone, xanax or valium they are charged with Sale of a Controlled Substance. While most pills consist primarily of filler and only a small amount of the pill consists of the actual narcotic, for purposes of the charge the officers will weigh the entire pill. Sale of a Controlled Substance is generally a second degree felony. Second degree felonies are punishable by up to fifteen years in prison.
- Sale of Cocaine: Sale of Cocaine refers to the sale of either powder cocaine or rock cocaine (i.e. crack cocaine). Cocaine Sale is generally a second degree felony and as such it is punishable by up to fifteen years in prison.
- Sale of MDMA: Sale of MDMA (or ecstasy) is generally a second degree felony which is punishable by up to fifteen years in prison.
- Sale of Methamphetamine: Sale of Methamphetamine is a crime that sees more and more arrests each year. Sale of Methamphetamine arrests are often accompanied by arrests for production of Methamphetamine in a home lab. Selling Methamphetamine is a second degree felony which makes it punishable by a maximum of fifteen years in prison.
- Sale of Heroin: Arrests for selling heroin are typically charged as second degree felonies meaning people charged with selling heroin typically face a maximum exposure of fifteen years of incarceration.
It is very important to be mindful of certain enhancers when it comes to Drug Sale charges. For instance, if the Prosecutor is charging the sale as being within 1,000 feet of a school there is a Minimum Mandatory sentence of three years in prison that attaches to any conviction on the charge. Minimum Mandatory Sentences mean that it is mandatory that you serve a minimum of X years in prison. For instance, if the charge you are convicted of carries a three year Minimum Mandatory sentence your sentence from the Judge can not be less than 3 years in prison, otherwise it is an illegal sentence. Further, when you are sentenced on a Minimum Mandatory sentence you are not entitled to receive gain time per the Florida legislature. When you are sentenced to prison in the State of Florida you generally serve approximately 85% of your sentence – the 15% of your sentence that gets taken off is generally referred to as your gain time. This means that individuals convicted of charges that carry with them Minimum Mandatory sentences will be statutorily mandated to serve 100% of their sentence. The Lawyers at Viacava & Cantor have extensive experience with Drug Sale charges as well as with the Drug Sale enhancers that Prosecutors commonly attach to the sale charges. If you have been arrested for Drug Sale contact a Lawyer from Viacava & Cantor today.
The lawyers at the Fort Myers based Criminal Defense Law Firm of Viacava & Cantor handle Sale of Marijuana, Sale of a Controlled Substance, Sale of Cocaine, Sale of MDMA, Sale of Methamphetamine and Sale of Heroin cases throughout the State of Florida. The Criminal Defense Law Firm of Viacava & Cantor is located in Fort Myers with close and convenient access to all other areas in Southwest Florida including Naples, Cape Coral, Port Charlotte, Punta Gorda, Fort Myers Beach, Sanibel, Captiva and Marco Island. Call a lawyer from Viacava & Cantor at 239-672-8934 for a free consultation to discuss the specific facts of your case.