Board-Certified Criminal Trial Lawyer
Have you been charged with selling drugs in Florida? If so, understanding the law and the potential defenses you may have can help you pursue a favorable resolution to your case.
What Constitutes Illegal Prescription Drug Sales in Florida?
Under Florida law, a person commits a crime if they engage in various illegal activities involving prescription drugs, such as:
- Knowingly purchasing or receiving prescription drugs in a wholesale transaction from a person not authorized to distribute such drugs.
- Knowingly selling or transferring prescription drugs in a wholesale transaction to a person not authorized to purchase or possess prescription drugs.
- Knowingly possessing contraband prescription drugs and knowingly selling or delivering those drugs.
- Knowingly selling, purchasing, manufacturing, or delivering contraband prescription drugs or knowingly possessing contraband drugs valued at $25,000 or more.
- Knowingly forging, counterfeiting, or creating any false prescription label or falsely representing any factual matter on a prescription label
- Knowingly possessing or selling prescription drugs that result in severe injury or death.
Penalties for Prescription Drug Sale Convictions
Under Florida law, most prescription drug sale offenses constitute second- or first-degree felonies. A first-degree felony conviction imposes a sentence of up to 30 years in prison; a second-degree felony conviction imposes a sentence of up to 15 years. Convictions may also result in significant fines, with some offenses basing the maximum fine on the value of the prescription drugs involved in the offense.
A conviction for a prescription drug sale offense may have other long-term penalties for defendants. For example, a licensed healthcare practitioner convicted of a prescription drug sale offense may have to serve a license suspension or have their professional license revoked. A conviction will also result in a person having a criminal record that can impose a stigma. When a criminal record appears in background checks for housing, employment, or educational opportunities, a prescription drug conviction can make it challenging to secure such opportunities.
Common Defenses Against Prescription Drug Sale Charges
A person charged with a prescription drug offense may present various legal or factual defenses to contest the prosecution’s case, such as:
- Lack of possession: Defendants may fight prescription drug sale charges by denying that they had actual or constructive possession of the drugs.
- Lawful sales: A defendant may present evidence proving that the alleged unlawful prescription drug sale transaction followed all applicable state and regulations, with the seller having a license to sell or distribute prescription drugs and the buyer having a license or lawful prescription to receive the drugs.
- Lack of intent: Most prescription drug sale charges require a defendant to have acted “knowingly,” which means the defendant understood the facts and circumstances of the situation and had a certain belief that their conduct would cause a specific result.
- Lack of evidence of prescription drugs: A defendant may argue that the prosecution lacks evidence, such as laboratory testing, proving that substances seized by law enforcement were prescription drugs.
- Unlawfully obtained evidence or statements: Defendants may seek to exclude the prescription drugs or other evidence from the prosecution’s case by arguing that law enforcement investigators obtained the evidence through an unlawful search. Defendants may also try to exclude statements they made to police during an interrogation by asserting that officers failed to advise them of their charges or rights before questioning them.
Steps to Take After an Arrest
Following an arrest on prescription drug charges, you can best protect your legal rights and options by taking steps such as:
- Exercising your right to remain silent and refusing to answer questions or to sit for an interrogation
- Invoking your right to legal representation by asking to speak with a criminal defense attorney as soon as possible after your arrest
- Gathering records or evidence that may help support your defense, such as witness contact information or documentation of your authorization to sell or purchase prescription drugs
Contact a Drug Defense Attorney Today
An experienced criminal defense attorney from The Sombathy Law Firm can help you understand your charges and craft a strong defense on your behalf. Contact us today for a confidential consultation with a knowledgeable drug defense lawyer to learn how our firm will fight to protect your rights, reputation, and future against prescription drug sale charges.
