The experienced Tampa drug defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. aggressively represent clients who have been arrested for drug possession, drug dealing, trafficking, and manufacturing in the Tampa Bay Area, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota Count, Pasco County, Hernando County, and throughout the State of Florida.
Defending a drug charge can be complex. Often, law enforcement officers improperly stop individuals and obtain evidence illegally (drugs, paraphernalia, cellphones, statements, recordings, etc.). Law enforcement officers often use confidential informants and undercover officers to gather information and make arrests. They also use confidential informants and these confidential informants are usually recently arrested individuals who are trying to get out of trouble. In many cases, the confidential informants are not reliable and the information they provide is insufficient to support a warrant or an arrest.
What Do Drug Cases Depend On?
Drug cases often depend on the credibility of confidential informants who are working with undercover officers to set up other individuals. Confidential informants are often used for sale and delivery cases, and for serious drug trafficking cases.
What Motions Can Be Filed on My Drugs Charges Case?
The drug charges criminal defense lawyers at The Law Offices of Daniel J. Fernandez, P.A. can file motions to suppress evidence illegally obtained. The case can often be won based on a motion to suppress evidence after an improper stop or search without a warrant. The state cannot prosecute without the illegally obtained evidence. The criminal defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. can challenge the credibility of a confidential informant and invalidate a search or arrest based on the unreliable information provided by a confidential informant.
Also, the drug defense lawyers at The Law Offices of Daniel J. Fernandez, P.A. can file motions to dismiss the charges when the prosecution does not have sufficient evidence to prove actual or constructive possession of contraband. If a person does not actually possess contraband the state must prove constructive possession with evidence that the person knew of the presence of the contraband and had dominion or control over the contraband. There are other defenses in drug cases including entrapment and actual innocence. An experienced criminal defense lawyer can help you determine the best defense.
If you have been arrested for a drug offense it is important to speak with an experienced criminal defense lawyer. The drug defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. work diligently to uncover errors made by law enforcement officers and confidential informants. The criminal defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. are experienced in filing motions to suppress and motions to dismiss.
Are Confidential Informants Reliable?
Confidential informants are usually desperate to set up other individuals to lessen the punishment for their own criminal misconduct. The entrapment defense may be available in a case where a confidential informant or undercover officer encouraged an individual to commit the crime charged.
Confidential informants have a motive to lie, plant evidence, and make false accusations.
Law enforcement officers working with the confidential informants often look the other way when confidential informants act illegally or provide false information. A close investigation or the facts may indicate improper or illegal activity or the part of the confidential informant or the officer resulting is a dismissal of the charges.
What Are My Possible Options Besides Jail or High Fines?
If you have been arrested for drug possession, the criminal defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. may be able to help you find a solution that doesn’t involve heavy fines or jail time and avoids any conviction:
- Pretrial diversion – available to first-time, non-violent offenders; the charges are dropped when pretrial diversion is completed;
- Pretrial intervention – available in certain instances to people who don’t qualify for pretrial diversion, because of priors;
- Drug court – available to repeat drug offenders who have debilitating substance abuse problems; the charges may be dropped if certain conditions are satisfied;
- Motion to suppress – if evidence was obtained in an illegal manner the evidence may be suppressed and the case may be dismissed;
- Motion to dismiss – if evidence was not actually possessed the evidence may be suppressed and the case may be dismissed;
- Plea – Minimal probation or other plea deals may suit certain clients who wish to resolve the case without the risk of a trial that could include jail time;
- Trial – Many clients are not guilty of the charges that are brought against them and may prevail at trial; and
- Diversion – Available to people with drug issues seeking treatment.
What Is Considered a Drug Crime?
Drug cases are complex and require an attorney with trial experience who is familiar with pre-trial motion practices. The drug crimes defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. represent individuals charged with a wide variety of drug charges, including:
- Marijuana Crimes
- Trafficking Cannabis
- Cultivation of Marijuana
- Possession of Drug Paraphernalia
- Possession (of Drugs) with Intent to Sell or Distribute
- Drug Trafficking
- Trafficking in Marijuana
- Trafficking in Prescription Drugs
- Trafficking in Cocaine
- Trafficking in Heroin
- Trafficking in Methamphetamine
- Trafficking in MDMA (Ecstasy)
Who Do I Call?
If you have been arrested for a drug offence in the Tampa Bay area contact an experienced criminal defense lawyer to discuss your case. The drug charges defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. represent individuals charged with possession of controlled substances, possession with intent to sell, dealing, and trafficking in drugs.
The criminal defense attorneys at The Law Offices of Daniel J. Fernandez, P.A. can help you understand all of your options. We can help you decide whether to file a motion to suppress evidence based on an improper stop or search, or a motion to dismiss based on improper or illegal activity of the part of law enforcement or a confidential informant. We can help you challenge the credibility of a confidential informant or the police.
The The Law Offices of Daniel J. Fernandez, P.A. law office is designed to swiftly resolve any difficulties that you may face. Our attorneys continue to strive upon improving and bettering the situations of our clients. Contact us today so we can fight for you and protect your rights. Call (813) 229-5353.