DeLand Drug Trafficking Defense Attorney
The penalties and charges in drug crimes escalate depending on the police’s interpretation of your intent, not necessarily on the facts. For instance, if you are caught with drugs, you could be charged with simple possession. However, if you have a few baggies along with the narcotics, the police may assume you are dealing. In that case, they will charge you with possession with intent to sell, a more severe crime.
If the police accuse you of having “too much” of a controlled substance, they assume that you are trafficking drugs. Trafficking is the most severe drug crime. It doesn’t simply assume that you intend to sell drugs. It assumes that you are potentially involved in the distribution, cultivation, or manufacture of drugs for a wide market.
Buckmaster & Ellzey is here to help DeLand residents accused of drug trafficking. With over 35 years of experience, our team is equipped with the skills and knowledge to fight for your innocence.
For help with drug trafficking allegations in DeLand and surrounding areas, set up a consultation with us online.
How Does Florida Determine Drug Trafficking Charges?
Drug trafficking allegations are based solely on the amount of drugs allegedly found in your possession. This amount varies depending on the drug and its schedule. Many Schedule 1 drugs, for instance, require lower quantities for a trafficking charge. For a Schedule 5 substance, trafficking charges may not apply unless you have vast amounts of the drug.
Even this standard, however, is variable. Ultimately, trafficking depends on how the drug is bought and sold. LSD, for instance, is normally sold in low quantities. Therefore, only one gram of LSD is enough to charge someone with drug trafficking in Florida.
Because trafficking is based on the quantity of a controlled substance, authorities often ignore genuine intent. If they see four or more grams of fentanyl, for instance, they immediately assume an intent to traffic. A person isn’t automatically a world-renowned dealer simply for having more of a controlled substance. Let our firm help reveal your actual intent to the court, helping exonerate you of steep, severe drug trafficking allegations.
Defenses Against Drug Trafficking Charges
A lack of intent is not the only credible defense against these drug trafficking allegations. Tell our team every detail of your charge and arrest. We may be able to use one of the following defenses to help preserve your freedom.
The Drugs Were Not Yours
Being near a controlled substance does not automatically imply ownership. Perhaps the authorities find your roommate’s stash of narcotics and assume it belongs to you. Maybe you visit someone who is hiding drugs without your knowledge. The police could assume that you are involved in a trafficking operation simply because you are present when they find the narcotics.
It’s up to prosecutors to make a direct connection between you and the contraband. If that connection is flimsy, we can help expose its flaws in court.
You Were Coerced into Keeping the Drugs
The drug trade is known for its dangerous, unscrupulous characters. Often, these people threaten others into committing crimes, attempting to keep themselves free from criminal charges.
If drug dealers threatened you or your family, forcing you to participate in their trafficking schemes, our firm can help. We can help explain your story in court, and we may be able to help secure protection against your abuser.
You Were the Victim of Entrapment
Police are allowed to set up false criminal scenarios, and they can lie bout being officers. What they cannot do, however, is lure otherwise law-abiding citizens into committing a felony. Entrapment is a complicated claim. It accuses the police of creating a crime and enticing someone into it.
We have a former prosecutor on our team who knows how authorities can twist a charge against you. Tell our attorneys everything that led to your arrest. If we see evidence of entrapment, we can use our skills to expose it in court. When the police use improper methods to secure an arrest, the entire case can be thrown out.
If you’ve been accused of drug trafficking in Volusia County, call (888) 785-6548 today for a free consultation. You can also contact our team online. Buckmaster & Ellzey is here to defend your rights in court.
At Buckmaster & Ellzey, we have the skills and experience you deserve. Get to know our team by scrolling down and select the staff you would like to learn more about.
Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
Well-Versed in the Legal Process and Protocols
“He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”
They Had My Back
“Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”
Diligently and Highly Professionally
“Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”
Professional & Responsive
“They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”
Gets the Best Results
“Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”
A Team of Compassionate Advocates on Your Side
Former State Prosecutor
40+ Years of Collective Experience