A drug charge has the ability to severely impact your life in numerous negative ways. And sometimes, most people are never advised of the crippling, peripheral adverse consequences of a conviction for a drug crime beyond the standard jail or probation sentences. For example, in Florida, a conviction for even simple marijuana possession results in a two year suspension of your driver’s license. If you’re charged with a drug related crime, it is important to immediately seek an experienced licensed Tampa drug crime attorney to immediately plan out a defense that can result in the dismissal of your drug case. Tampa Drug Crime Attorney Maj Vasigh, of Miller | Vasi, PA is a certified attorney board member of the National Organization for the Reform of Marijuana Laws, a fully outspoken critic of the need to reform our inhumane marijuana laws.
Our Tampa Drug Crime law firm handles offenses including but not limited to:
Possession of Marijuana
Possession of Cocaine
Possession of Methamphetimines
Possession of MDMA (Ectstacy)
Possession with Intent to Sell or Distribute
Possession of synthetic drugs (spice)
Possession of drug paraphernalia
Possession of Xanax
Possession of Hydrocodone
Possession of Oxycontin
Trafficking in drugs
Common Defenses to Drug Crimes
Pretrial Defenses: Many drug cases in Tampa, St. Petersburg, Clearwater, and Polk County involve the use of a confidential informant. A CI, as they’re called, are commonly criminals themselves who have agreed to work with the police in exchange for a reduced sentence. This leads to their credibiliy being a very important issue. These people are desperate and will do anything to lessen their own substantial drug sentence after having been caught themselves. Exposing this lack of credibility is one such defense that an experienced Tampa Criminal Defense attorney can use to advocate on your behalf.
Constructive Possession Defense: In Florida, mere proximity to drugs is not neccessarly enough to prove guilt of all the elements of possession. To be convicted of possession of drugs, you must have what they call “dominion and control" over the drugs, and knowledge of its presence. This means that in many common circumstances, where a drug charge arises from a traffic stop of a vehicle occupied by several people, this defense is a pivotal tool in getting the case dismissed. After all, the driver of a vehicle doesn’t have a legal obligation to search all the occupants of his vehicle before they enter. If they leave contraband in a mutually accessible area, it is fundementally unfair and unjust to hold the driver accountable. But this is something that local law enforcement officers in Tampa Bar are guilty of doing. An experienced Tampa Criminal Defense Attorney can get your drug charge dismissed using a pretrial motion to dismiss pursuant to rule (C)4 of the lorida Rules of Criminal Procedure.
Motions to Suppress: Most drug charges against defendants in Tampa, St. Petersburg, and Sarasota occur as a result of a search by cops after a warrantless traffic stop or a warrantless search of your home or domicile. The Fourth Amendment of the constitution is designed to protect the individual's civil liberties from unreasonable and unlawful government search and seizures. The Motion to Suppress is the defense attorney’s best tool in getting your drug charge, or any charge really, thrown out. If your experienced Tampa criminal defense lawyer is able to successfully argue that the stop of your vehicle or the search of your home was unconstitutional, every bit of evidence taken after the fact is held to be “fruit of the poisonous tree" and therefore inadmissable against you as evidence. If there is no evidence to be used against you, the case must be dismissed. Many people refer to this as “getting off on a technicality." An experienced criminal defense attorney in Tampa will instead argue that he or she was defending the contitution of the United States: the foundation of our democracy is not a technicality. Cops should never break the law to enforce the law.
Valid Prescription Defense: Cops are aggressive in Tampa Bay. They will arrest first and ask questions later. Never mind the irreperable harm to your reputation or the violation of your civil liberties, if cops stop and search you and find prescription drugs in an unconvential bottle or not clearly marked, they will arrest you. It doesn’t matter to them that you have a valid prescription. And there’s no law that says you have to hold a pill in the bottle in which it was dispensed. However, you will still be charged with possession of drugs. It will be up to an experienced prescription drug attorney to present the valid prescription from a licensed physician and argue that your case must be immediately dismissed.
If you have any questions or would like to speak to a drug charge Attorney in regards to defending your drug charge in Hillsborough County, Pinellas , Pasco, Polk, Sarasota, or Manatee County, please call us at (813) 983-7852 to speak with one of our experienced drug attorneys. We will explain to you your rights and develop a unique strategy to fight for you and get your drug charge dismissed.