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Introduction of Contraband Substances into Correctional Facilities

Illegal Introduction of Contraband Substances into Correctional Facilities in Florida

Introducing contraband into state prisons or detention facilities or county jails in the State of Florida is an illegal offense.
Florida Statutes§ 944.47 and §951.22, this offense is said to be committed when an individual:
Knowingly possesses or introduces; or
Knowingly attempts to possess or introduce;
Contraband materials intended for inmates;
Into state prisons or county jails;
Without going via authorized channels 

Definition of Contraband

Contraband may be defined to include the following categories of items:
Portable communications devices or cellular telephones
Explosive substances, weapons, or firearms of any types;
Non-prescription medications or controlled substances that cause depressing, stimulating or hypnotic effects;
Intoxicating beverages;
Articles of clothing or food;
Record or written communications;
Currency

Applicable Penalties

Applicable penalties for this offense vary based on whether this offense took place in a state or county facility. The nature of the contraband is also taken into consideration.

 In County Correctional Facilities:

This offense is a Felony of the Third Degree within the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $5000
Probation period not exceeding 5 years
Imprisonment period not exceeding 5 years

In State Correctional Facilities

This offense is a Felony of the Third Degree within the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $5000
Probation period not exceeding 5 years
Imprisonment period not exceeding 5 years 

Introduction of Explosives, Weapons, or Firearms into State Correctional Facilities

This offense is a Felony of the Second Degree within the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $10000
Probation period not exceeding 15 years
Imprisonment period not exceeding 15 years 

Applicable Specific Defenses 

Unknowing Introduction 

In order to introduce a contraband substance into a prison or a jail, individuals must first be aware that there are contraband substances in their possession. If that is not the case, it is an applicable defense against this charge. For example, an individual who has been arrested could still have a packet of cocaine in their pockets, which wasn't discovered before. Proof of knowledge of the contraband must be proven to prove this charge. 

Contact Criminal Defense Lawyer Larry Avallone 

If you've been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is free. I am ready to provide legal advice regarding the steps that are to be taken next in your case.

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