Overview On Drug Laws In Florida


More than a hundred years ago, almost drugs can be freely used for medicinal purposes. However, starting 1900 the first drug laws were created. These federal laws came together in 1970 with the “Controlled Substances Act (CSA)” under Title 11 of the “Law on Prevention and Control of Drugs” in the United States Constitution, where all federal drug charges were coded in one system and are broken down into five categories.

Seeding, possession and drug trafficking belong to a category and therefore have federal sentences for drug offenses independently.

In most states of the United States, this law is used to convict drug crimes. For example, in Florida people who commit minor drug crimes and have no criminal record at the time of his arrest under police drug possession charge can be sentenced to just probation.

In 2000 some changes were made regarding penalties for possession of drugs such as methamphetamine. From 2004 the Supreme Court requires that under the Constitution of the country’s different sentencing guidelines need to have a well-founded process before taking the life of someone or deprive them of liberty.

What Are The Types Of Drug Offenses In Florida?

Drug offenses can be classified as severe crimes or misdemeanors depending on the kind of offense in which incurred in Florida. The penalty also varies depending on the severity of the offense.

  • Possession of controlled substances.
  • Possessing drugs with an attempt to distribute them.
  • Sale of controlled substances.
  • Cultivation and processing the drugs. Cultivation and processing of controlled substance in one’s residence are also an offense.
  • Drug trafficking
  • Possession of controlled substance “Paraphernalia.”
  • Fraud prescription to purchase certain drugs.
  • Launder money obtained from selling drugs.

How Sentencing For Drug Trafficking In Florida?

It is understood that the drug trafficking portion of controlled substances are intended for sale and is considered a serious offense that can cause severe sentences. Currently, drug trafficking has become a global problem which links several categories of crimes such as cultivation, distribution, and sales of illegal substances. Among the types of drugs, one of the most commonly used is marijuana and trafficking of this illegal substance in Florida are also considered a criminal offense. The state of Florida has become frequently used for drug trafficking between Latin America and the Caribbean and the United States point, due to a large number of ports. The state also has lands that can be used for cultivation of marijuana and therefore illegal trafficking of this plant.

Florida has very strict drug-related laws and penalties can be quite severe, depending on the type of drug and some drugs being trafficked. For example, when an individual is accused of illegal drug trafficking and had other serious criminal record and has caused death to others with drug trafficking, this defendant can be sentenced to death penalty. However, drug trafficking using minors makes this a major crime alone and is considered a significant extent about drug trafficking. Drug trafficking in schools or under 18 years old can be sentenced to death. Likewise, those who use children for illegal trafficking of controlled substances may also prove to be sentenced to death.

All About Business Litigation In Akron

As well you may have already, the general principles of law have been obtained through general and repetitive behaviors that give rise to particular rules. In that sense, the general principles of law have often given rise to human rights and individual rights in every country.

It is the set of rules relating to traders in the exercise of their profession, to acts of commerce legally qualified as such and to the legal relationships derived from the realization of them. It is the branch of law that regulates the exercise of trade. One of its foundations is free trade.

In most laws, a relationship is considered commercial, and therefore subject to business litigation in Akron, if it is an act of commerce. Current commercial law refers to these acts, of which they are intrinsical, although in many cases the subject who performs them does not have the status of merchant (target system); This notwithstanding, there are legal systems in which the system is subjective, based on the company by regulating both their legal status and the exercise of economic activity in its relations contract that keeps entrepreneurs among themselves and with third parties.

The general principles of law can be divided for purposes of the study as a whole and special, the former applies to every legal system, while the individual ones are implemented to each particular judicial branch. First one is good faith. The sincere way in which the parties proceed in contracts of a commercial nature, which do not seek to deceive the other party but to act honestly and sincerely. Next is the truth shall be known. It is presumed that the contracting parties in commercial matters are aware of the truth and scope of their rights and obligations. Finally, the intention of profit. In the act of the trader, there is always the intention to make a profit which in the end is the compensation of the risk incurred in the business litigation in Akron. Finding a good attorney is a must to avoid any issues such as having criminal records.

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Initial Steps In Sealing Or Expunging Criminal Record

Having a criminal record might significantly limit your opportunities. In Florida, a criminal defense attorney may be able to help you have your record sealed or expunged. Florida law establishes criteria to be met to have a record sealed or expunged. If you are eligible and having your criminal records sealed or expunged will benefit you because your files will then be confidential and will not be disclosed during a routine background check, often carried out by prospective employers and creditors. You should be aware, however, that there are several limitations on the confidentiality of documents sealed or removed. For example, although your criminal record is sealed or expunged, you can not deny or fail to recognize criminal conviction in any criminal proceedings in the future, or if you will apply for employment with federal or state agencies. Also, a copy of your registration will still be kept and subject to review by the Florida Department of Law Enforcement (FDLE).

If you were arrested, but charges against you were later dropped, the fact of your detention and the nature of the charges are also part of the public domain, even if you were not convicted at trial. If you qualify, all records of this type can be sealed or canceled.

A sealed document is not available for public government agencies, but some still have access to information. If a record is deleted, the file access is further limited, and entities who wish access to a sealed record would need to secure a court order to access the registry.

A person seeking to have a record of criminal record sealed or deleted in Florida should apply to the FDLE Certificate of Eligibility. You can get a package for this application from the Clerk of Courts in your county. Before doing this, you may want to get a copy of your criminal record to check the accuracy. You can dispute any information in your file that is inaccurate or incomplete. FDLE will then review your application and determine if you meet the criteria established by law. FDLE determines if registration is eligible to be sealed or expunged, you will receive a letter of approval from the FDLE.

NOTE: This authorization does not seal or expunge your record. It’s just proof that the record meets the criteria established by law. You still have to file a petition in court in the county where you were arrested, and the court must grant the request.

What would keep my record of being sealed or expunged?

As a general starting point, you are eligible if you have never been convicted of a crime as an adult and have not previously had the record sealed or expunged. Additional rules governing the records of minors. You should not currently be under any form of court supervision (probation, parole). Several other circumstances can cause you to lose the right. For example, Florida law states that there are some offenses are not eligible for sealing or deletion. You should discuss the particular details of your case with an attorney experienced in criminal defense to determine if your case is eligible.

Find out the basic drug laws in Florida in this article.