Experienced Drug Crime Defense Attorney Serving Sarasota County, FL
When facing a potential drug crime conviction, you are at risk for severe consequences. Being convicted of any drug offense, you run the risk of facing significant penalties, including long prison terms, and putting your employment at risk.
If you’ve been arrested for any drug crime, you need a trusted drug crime attorney in Sarasota to help you. At the Law Offices of Eric Reisinger, our drug crime lawyer can assist you throughout the entire legal process, from arraignment to discovery and even trial.
Prior to opening our practice, Eric Reisinger gained valuable experience as a prosecutor at the State Attorney’s Office. We understand how the state gathers and evaluates evidence, and we can quickly review the facts and circumstances of your arrest to assess the strengths and weaknesses of the case against you. We will determine when it is in your best interest to seek a plea agreement and when to fight for your rights in court.
Common drug crime charges we defend in Sarasota include, but are not limited to:
Possession of a Controlled Substance (Florida Statute § 893.13): This is the most frequently encountered drug charge. It involves knowingly possessing a controlled substance without a valid prescription. The classification and penalties vary greatly depending on the type of drug and the amount possessed.
Sale, Manufacture, or Delivery of a Controlled Substance / Possession with Intent to Sell (Florida Statute § 893.13): These are significantly more serious offenses than simple possession and are always felonies. Even if no actual sale occurred, factors like packaging (multiple small bags), the presence of scales or large amounts of cash, or text messages indicating sales can lead to an "intent to sell" charge.
Drug Trafficking (Florida Statute § 893.135): This is an extremely serious offense in Florida, involving the knowing sale, purchase, manufacture, delivery, possession, or transportation of specific quantities of controlled substances that exceed certain statutory thresholds. Intent to sell is presumed at these amounts; you don't have to be caught in a transaction.
Drug Paraphernalia (Florida Statute § 893.147): This involves the use or possession with intent to use drug paraphernalia (e.g., pipes, bongs, scales, syringes, packaging materials).
Understanding Drug Crimes in Florida
According to Florida law, a person can face criminal charges for possessing, possessing with intent to sell, selling, transporting, manufacturing, or trafficking drugs. Not only do drug charges apply to illegal narcotics, but they also pertain to prescription medications and even medical marijuana without proper authorization.
The state and federal government classify drugs based on “schedules.” Schedule I drugs have the highest potential for abuse with no accepted medical use, while Schedule V drugs have the lowest potential for abuse and multiple medical uses.
The following is a breakdown of drug schedules in Florida:
Schedule I – Common types of drugs include heroin, LSD, MDMA (ecstasy), bath salts, and cannabis
Schedule II – Common types of drugs include cocaine and methamphetamine
Schedule III – Common types of drugs include anabolic steroids, ketamine, and Tylenol with codeine
Schedule IV – Common types of drugs include Ambien and Diazepam
Schedule V – Common types of drugs include cough medicines with a low amount of codeine
Drug charges are based on the type of drug involved. While a small quantity may result in simple possession, a larger amount may lead to possession with intent to sell or even trafficking.
Furthermore, penalties are determined by the schedule of a drug. For example, possession of a Schedule I, II, III, or IV narcotic is a third-degree felony, carrying a maximum prison term of five years and a fine no more than $5,000. Possession of a Schedule V controlled substance is a first-degree misdemeanor, punishable by a jail sentence of up to one year and a maximum fine of $1,000.
What is Florida's Stance on Marijuana?
Although marijuana is a Schedule I narcotic under federal law, medical marijuana is legal in Florida. However, recreational cannabis remains illegal in the state and is associated with its own set of penalties.
Possession of up to 20 grams of marijuana in Florida is a first-degree misdemeanor, while possession of more than 20 grams but less than 25 pounds constitutes athird-degree felony.
Are Steroids Illegal in Florida?
Anabolic steroids are classified as a Schedule III narcotic under federal and state laws, which means they are illegal in Florida. It is illegal to use, sell, or possess anabolic steroids.
While steroids are not considered as dangerous as other drugs like heroin or cocaine, penalties for possession or distribution can still be steep. If you've been arrested, contact our Sarasota drug attorney.
Penalties for Drug Crimes Convictions in Florida
Navigating the legal landscape of drug crimes in Florida can be daunting, especially when the stakes are high. Understanding the potential consequences of a drug-related conviction is crucial for anyone facing charges. Penalties can range from hefty fines to lengthy prison sentences, depending on the type and amount of substance involved, as well as any prior offenses.
Here are some potential consequences of drug crime convictions in Florida:
First-Degree Misdemeanor
e.g., possession of less than 20 grams of marijuana, paraphernalia.
Jail Time: Up to 1 year in county jail.
Fines: Up to $1,000.
Probation: Up to 1 year.
Third-Degree Felony
e.g., possession of 20 grams or more of marijuana, or any amount of most Schedule I-IV controlled substances; manufacture/delivery of paraphernalia; Worthless Checks $150+.
Prison: Up to 5 years in state prison.
Fines: Up to $5,000.
Probation: Up to 5 years.
Second-Degree Felony
e.g., sale/manufacture/delivery of most Schedule I/II drugs; certain aggravated assaults.
Prison: Up to 15 years in state prison.
Fines: Up to $10,000.
Probation: Up to 15 years.
First-Degree Felony
e.g., most drug trafficking charges, manufacturing in the first degree, sale/delivery of large quantities.
Prison: Up to 30 years in state prison.
Fines: Up to $10,000 (or much higher mandatory minimum fines for trafficking, sometimes reaching $750,000).
Probation: Up to 30 years.
Additional Penalties
Probation: Some offenders may be sentenced to probation, which comes with strict conditions and monitoring.
Criminal Record: A drug conviction can lead to a permanent record, affecting employment opportunities and housing applications.
Impact on Family: Drug charges can strain relationships with family and friends, leading to emotional and social repercussions.
Loss of Rights: Certain drug convictions can also lead to the loss of rights, such as the right to vote or own a firearm.
Community Service: As part of sentencing, individuals may be required to perform community service, which could impact personal time and obligations.
Navigating these legal implications requires knowledgeable legal advice to explore options such as plea deals or diversion programs that might mitigate these penalties.
Aggravating Factors and Enhancements For Drug Convictions
Mandatory Minimum Sentences for Trafficking: These are particularly harsh, requiring specific prison time (e.g., 3 years, 7 years, 15 years, 25 years, or life) and enormous fines based solely on the quantity of drugs possessed, sold, or transported.
School Zones/Protected Areas: Drug crimes committed within 1,000 feet of a school, park, playground, or other specified areas can carry enhanced penalties, including mandatory minimum sentences.
Sale to Minors: Distributing drugs to a minor (under 18) by an adult (over 18) is a felony, often with enhanced penalties.
Prior Convictions: Florida's sentencing guidelines and habitual offender laws heavily punish repeat offenders, leading to significantly longer prison terms. A conviction for a drug felony can also lead to a driver's license suspension.
Use of a Weapon: Committing a drug crime while armed with a weapon can lead to additional charges or enhancements.
Serious Injury/Death: If drug distribution leads to serious bodily injury or death (e.g., drug overdose, tainted drugs), severe charges like felony murder or manslaughter could be filed.
Federal Charges: Many large-scale or interstate drug crimes are prosecuted federally. Federal penalties are often even more stringent, including longer mandatory minimum prison sentences, higher fines (potentially millions of dollars), and aggressive asset forfeiture actions.
The severity and escalating nature of these penalties, particularly for possession of controlled substances or trafficking, underscore the critical need for a strategic and aggressive drug crimes lawyer in Sarasota.
The Long-Term Consequences of Drug Crime Charges in Sarasota
Facing drug crime charges in Florida can be overwhelming, and understanding the potential consequences is crucial for making informed decisions. Drug offenses can lead to severe penalties, including hefty fines, imprisonment, and a permanent criminal record, which can affect future employment and housing opportunities.
Here’s what you need to know about the potential impacts of drug crime charges:
Legal Consequences: Depending on the severity of the charge, you may be facing misdemeanor or felony charges, each carrying different penalties.
Impact on Employment: A drug conviction can hinder your job prospects, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record.
Loss of Professional Licenses: For those in regulated professions, a drug charge could result in the loss of your professional license, affecting your career.
Increased Insurance Rates: A drug conviction can lead to higher insurance premiums or difficulty obtaining insurance altogether.
Emotional and Social Consequences: Beyond legal repercussions, being charged with a drug crime can lead to stress, anxiety, and strained relationships with family and friends.
At the Law Offices of Eric Reisinger, PA, we understand the complexities of drug crime cases and are committed to providing you with the guidance and support needed to navigate this challenging time. Our experienced attorneys will work tirelessly to protect your rights and help minimize the consequences you face.
Contact Our Sarasota Drug Crime Attorney Today
Our firm provides comprehensive counsel to people who have been charged with possession or trafficking of illegal drugs. We handle cases involving all types of controlled substances, from marijuana and cocaine to heroin, meth, and even prescription drugs.
When you hire us to defend you on a drug charge, we will conduct a thorough investigation of the facts and circumstances leading to your arrest:
We will look at whether police had probable cause to conduct any search or seizure.
If you were caught in a buy by an undercover police officer, we will investigate whether the tip came from a confidential informant. If so, we will look at the history of the informant to determine credibility.
We will also question whether law enforcement officers properly identified you or whether the wrong person was arrested.
We will verify that the substance sold or possessed was what they claimed it was. If it was a prescription drug, we will verify whether you have a valid prescription.
Our meticulous approach ensures that every detail is scrutinized to build a robust defense, potentially uncovering procedural errors or rights violations that could influence the outcome favorably.
Our Sarasota drug crime attorney will also help you get the help you need through a diversionary program such as rehabilitation. We are committed to help you avoid conviction and get your life back on the track.
Frequently Asked Questions About Drug Crime Charges in Sarasota
What Should I Do If Arrested for a Drug Crime in Sarasota?
If you’re arrested for a drug crime in Sarasota, the most important thing is to remain calm, avoid resisting, and refrain from answering questions without a lawyer present. Invoke your right to remain silent and immediately request legal representation. At Law Offices of Eric Reisinger, PA, we help protect your rights from the moment of arrest, guiding you through bond hearings, case evaluations, and defense strategy development. Early legal intervention can make a substantial difference in how your case unfolds, especially in Sarasota's strict legal environment.
How Do Drug Courts Work in Sarasota County?
Sarasota County’s drug courts are rehabilitative rather than punitive, offering nonviolent drug offenders a path toward recovery instead of incarceration. Participants undergo treatment, drug testing, regular court check-ins, and counseling. Successful completion of the program can lead to reduced charges or dismissal. These courts aim to break the cycle of substance abuse and reduce reoffending. At Law Offices of Eric Reisinger, PA, we evaluate your eligibility for the program and advocate for your admission if it's a good fit for your circumstances.
Can I Avoid Jail Time for a Drug Offense in Sarasota?
Yes, depending on the circumstances, alternatives to jail may be available. First-time or nonviolent offenders may qualify for diversion programs, probation, or drug treatment court. These alternatives often include drug counseling, community service, and strict compliance with court orders in exchange for reduced penalties or charge dismissal. Our legal team works to negotiate outcomes that focus on rehabilitation rather than incarceration, especially for clients with no prior criminal history.
What Factors Influence the Severity of Drug Charges in Florida?
The severity of drug charges in Sarasota—and Florida overall—depends on several factors, including the type and amount of the drug, intent (possession vs. distribution), prior criminal history, and proximity to certain areas like schools or parks. Charges may range from misdemeanors to first-degree felonies with mandatory minimum sentences. At Law Offices of Eric Reisinger, PA, we explain the charges you're facing in clear terms and build a defense that addresses the specific factors that could increase your exposure to harsh penalties.
Are Prescription Drugs Treated the Same as Illegal Substances?
Possession of prescription drugs without a valid prescription—such as oxycodone, Xanax, or Adderall—is treated as a criminal offense in Florida. Although legally manufactured, these medications are classified as controlled substances and regulated under strict laws. Unlawful possession, distribution, or fraud involving prescriptions can result in felony charges. Our firm frequently handles prescription drug cases and focuses on distinguishing medical use from criminal intent, often pursuing reduced penalties or treatment-based resolutions.
Can a Drug Conviction Be Expunged from My Record in Florida?
In some cases, yes. If your charges were dismissed, or if you successfully completed a diversion or deferred prosecution program, you may be eligible to have the record sealed or expunged. However, certain felony convictions and repeat offenses may disqualify you. We evaluate each client’s eligibility and guide them through Florida’s expungement process to help minimize the long-term impact of a drug-related arrest or charge.
Should I Talk to the Police If I’m Innocent?
Even if you believe you’re innocent, you should never speak to the police without a lawyer present. Statements made under pressure or without full understanding of your rights can be misinterpreted or used against you. Law enforcement may seem helpful, but their primary goal is to gather evidence for prosecution. Let Law Offices of Eric Reisinger, PA handle all communication with authorities to protect your interests and avoid any missteps that could jeopardize your case.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
