21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
If you have been arrested or are under investigation for possession with intent distribute marijuana in Florida, you are facing prosecution for a very serious criminal offense. Depending on the facts of your case, you may be facing a minimum mandatory sentence or have no minimum mandatory sentence at all.
Minimum Mandatory Sentences for
Possession with Intent Distribute Marijuana in Florida
Depending on the facts of your case, your criminal history, and other factors, your case may carry a minimum mandatory sentence for possession with intent to distribute marijuana in Florida, such as:
- 5 Years
- 10 Years
- 20 Years
- LIFE without Parole
To determine which minimum mandatory sentence applies to your possession with intent deliver marijuana case, a criminal attorney needs to answer the following questions:
- Does your case involve marijuana bud or marijuana plants?
- How much marijuana bud or marijuana plants are involved?
- Do you have any prior felony drug convictions? If so, how many?
- Was anyone killed or seriously injured?
- Are you charged with any other crimes?
It is important to realize that other factors effect sentencing other than the one charge for possession with intent to deliver marijuana and that a mandatory minimum may only be the beginning of one’s total sentence. For example, if you have a bad criminal history, you may fall into an enhanced sentence category. If you have multiple felony convictions, you may be labeled a career offender. To learn more, read: Penalties for Possession with Intent Distribute Marijuana in Florida.
First Steps in Defending a Possession with Intent Distribute Marijuana in Florida
STEP 1: Get the Facts
The first thing a criminal attorney needs to do is get as much information from you, the client, about the case. Lets start with the basics:
- Who is involved in this case?
- What happened?
- Where did the case transpire?
- When did the case take place?
Knowing these details will give your criminal attorney an idea of the type of case you have. Even at this early stage it is possible to understand where some of its strengths and weaknesses may lie.
Additionally, there are a number of documents that will prove to be very helpful, such as a copy of your Indictment or other charging document. A criminal attorney can obtain these documents from the Clerk of Courts using PACER.
STEP 2: Contact with the Prosecutor
Once criminal attorney is armed with the basic information of his/her client’s case, the next step is to contact the prosecutor. When contact is made, your criminal attorney can address the following:
- What is the prosecution’s story of this case?
- Are you a primary target of the investigation?
- Is the prosecution interested in your cooperation?
- What does the prosecutor seek in terms of sentencing?
- Are more charges going to be filed?
- How long has the investigation been going on?
- Who is the investigating agency?
- Are there any co-defendants?
- What are co-defendant’s charged with?
- Does this case involve confidential informant(s), wire taps, or other electronic evidence?
This list is not exhaustive and it is not in any particular order. Regardless, the answers to these questions and others will help your criminal attorney further assess your possession with intent distribute marijuana in Florida case.