Sale or Delivery of Heroin
Florida Statute §893.13(1)(a)(1) states that a person may be charged with Sale or Delivery of heroin if they deliver, manufacture, or sell heroin, or possesses it with the intention of delivering, manufacturing, or selling heroin.
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
Suspension of Driver's License
Florida Statute §322.055, a person who has been convicted of this offense is also liable to have their driving privilege or driver's license be revoked for a period of 1 year by Florida's DHSMV authorities.
In case the heroin was discovered at a location that was freely accessible to multiple people, the prosecution will have to prove the existence of 2 additional elements before the defendant may be convicted under this law. Control and dominion over the heroin, meaning that they had the ability to do more than just reach out & touch them. Ample knowledge about the presence of the heroin.
Illegal Search and Seizure
Law enforcement officers often exceed the limits of their power and authority. They may force people to allow a body, home, or vehicle search; or coerce them into agreeing to such searches. If you're able to prove that they had subjected you to such a search or coerced you to agree to a search, any evidence resulting from such searches are held to be obtained illegally.
Lack of Knowledge
This is also a valid, affirmative defense that you can exercise against this charge. In case you're able to show that you were unaware of the illegal nature of the substances in your possession, you can argue this defense, provided you testify to this extent.
This defense can be used of by defendants who have been charged with this offense. In all such cases, it is up to the State authorities to present reliable evidence that the possession of heroin was not for personal usage. Qualifying evidence includes distribution paraphernalia, ledgers, bundled money, scales, or abnormal quantities of drugs.
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 next steps in your case.