Criminal Defense Law: Drug Crimes
The government’s fight against the illegal use of drugs (“controlled substances”), whether those drugs are illegal by definition or if they are prescription drugs used in an illegal manner (club drugs), is aggressive and at the forefront of many law enforcement efforts in Florida today. Felony crimes, of course, carry higher penalties than misdemeanors, and federal drug charges as a whole have harsher consequencesthan State of Florida drug allegations. In federal court, defendants must face the imposition of punishment based upon the Federal Sentencing Guidelines.
For many years, federal judges uniformly imposed sentences by referencing the crime to the Federal Sentencing Guidelines Manual. However, in 2005, the United States Supreme Court found that these set, uniform guidelines used by federal judges to impose sentences upon federal defendants were unconstitutional (U.S. v. Booker, 543 U.S. 220 (2005).) Judges were instructed by the Supreme Court to look at the federal sentencing guidelines as advisory in what sentence to impose on a defendant, and not to consider them as mandatory.
By this ruling, the Supreme Court has allowed criminal defense counsel today to argue for sentencing that is appropriate to the individual, and reasonable for the particular case. Ken Swartz and Terry Lenamon have experience and expertise that has enabled them to achieve sentences significantly below the federal sentencing guidelines in many of their cases.
Both federal law and state statutes provide for serious felony drug crime charges, such as:
Drug distribution
Intent to sell
International Drug Trafficking
Manufacturing
Membership in an international drug ring
Narcotics manufacturing
Narcotics trafficking
Organizing an international drug ring
Possession
Possession of paraphernalia
Possession with intent to sell
Running an international drug ring
Trafficking.
The severity of the corresponding punishment will depend not only upon the type of drug involved, but the amount (in weight), and the intended use of the drug (personal use/possession, manufacture, distribution, sale, etc.).
Felony Drug Crime Defendants Need Experienced Drug Criminal Defense Counsel Quickly
Accordingly, felony drug crimes need an aggressive and detailed drug crime defense because the government is always anxious to gain a drug conviction, and investigations can unfortunately become a rush to judgment where constitutional and other legal rights of the defendant are trampled or ignored.
For example, there must be a reasonable suspicion before anyone can be stopped, much less arrested, for a drug crime or offense: this is guaranteed under both state and federal law by the Fourth Amendment of the U.S. Constitution. The Average Joe or Jane may not know when the police have illegally crossed the line. Having an experienced and aggressive drug offense florida criminal defense lawyer on board as soon as possible is very important to anyone accused of a drug crime.
Having a criminal attorney’s protection against the misuse of statements made during initial investigations of a drug offense can be particularly invaluable. It is true that exercising your Constitutional right to remain silent until an experienced criminal defense / drug crime attorney is with you in any police interrogation is usually in the client’s best interests.
Negotiating a Plea versus Taking the Case to Trial
Sometimes, dismissal of charges as well as reduction and agreed lesser sentences can be negotiated by experienced criminal defense drug crime attorneys early on. There may be occasions, however, where the best tactic for a drug crime defendant is to take the drug offense charges to a full trial before a jury.
The full airing of the prosecution’s case in an open courtroom may be the strongest argument to be made, and many a jury has acquitted a defendant that a prosecutor was sure should be imprisoned for a significant period of time. Ken Swartz has been extremely successful over the years in obtaining acquittals for his clients in federal drug crime trials.
Swartz and Lenamon Represent Defendants Charged With Drug Crimes
S&L represents clients investigated or accused of state and federal drug offenses involving many different types of illegal drugs and prescription or club drugs, including:
Illegal Drugs
Ecstasy (MDMA)
Marijuana (Marihuana)
Cocaine (Powder) (coke), Cocaine Base
Crack Cocaine (Rock)
Methamphetamine (Meth, Crystal Meth, Ice)
Amphetamine
Heroin
Opium
PCP (Phencyclidine)
LSD (D-Lysergic Acid Diethylamide)
Fentanyl, Fentanyl Analouge
Hashish
Hashish Oil
Flunittrazepam
Peyote
DET (diethyltryptamine)
DMT (Dimethyltryptamine)
Mescaline
Mushrooms (Psilocin and/or Psilocybin)
Prescription Drugs / Club Drugs
Ambien
Ativan
Codeine
Darvocet
Demerol
Dexedrine
Dilaudid
Hydrocodone
Ketamine
Lortab
Methadone
Morphine
Percocet
OxyContin
Ritalin
Ultram
Vicodin
Xanax
Combining 40 years of trial experience as criminal defense lawyers in Miami, Ken Swartz and Terence Lenamon represent individuals who have been accused or charged with drug crimes that involve the risk of serious imprisonment or jail time.
If you or a loved one is facing federal or state charges involving illegal drug offenses or drug crimes and the risk of serious incarceration and imprisonment along with the loss of personal assets and imposition of monetary fines, then please feel free to call Swartz & Lenamon to schedule an initial consultation with a top criminal defense attorney.
Aggressively and expertly defending people who have been accused or charged with a serious crime in state or federal court – it’s what we do. Call us if we can be of help to you.