Drug Sales 

Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida

It’s not only illegal to sell drugs, also known as “controlled substances” and “narcotics”, but it is also illegal to manufacture, deliver, or possess drugs with the intent to sell. The drug crisis has become a serious problem in the State of Florida. Social media portrays people passing out with children in the car as a result of overdosing on opioids. The State of Florida takes into consideration that in order for someone to possess drugs, they had to purchase the drugs from someone. If you are charged with “selling” drugs, the State will likely come down hard on you.

The justice system treats drug sales differently than they treat drug possession. Charges for drug sales carry heavier punishments and harsher jail sentences than simply possessing drugs. In some situations, penalties are enhanced even greater if you are caught selling drugs near a church (or place of worship), a school, or a daycare. In most town in Volusia County, especially DeLand, it seems that there is a daycare, church, or school on every corner. In some cases, drug sale charges may result in “minimum mandatory” sentences, which means that no matter how bad the Judge may want to give you a lighter sentence, the Judge is required by law to give you a minimum prison sentence, even if it is your first time being arrested. 

Have you been charged with a crime in Central Florida? With offices conveniently located in DeLand and Daytona Beach, our team can defend you against your criminal charges. 

What is Sale of Narcotics or Drugs?

For the purpose of this statute, drug sale is defined by the Florida Standard Criminal Jury Instructions in section 25.2, as “a means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

It is difficult for the police to catch a drug transaction taking place. In order to prevent drugs from being sold, the police set up specialized units to combat drug use in their community. The police often times work with other police agencies to increase police presence in certain neighborhoods. In addition, the police pool their equipment to set up surveillance to monitor drug sales activity going on in certain areas.

Another way that police arrest people who are accused of selling drugs is to use an undercover police officer to purchase drugs from a suspect. You have seen this in movies and TV shows where an officer grows his beard, uses a disguise, or all of the above, to hide their identity and purchase drugs from a suspected drug dealer.

Not only do the police purchase drugs from suspected drug dealers, but they use confidential informants to purchase drugs. A confidential informant is not a law enforcement officer. Often times, the confidential informant is facing charges of their own, and are helping police to help themselves. They are exchanging their knowledge of who may be selling drugs, and their time to purchase drugs from those suspects, in order to obtain a more favorable sentence in their own case.

In each of these situations, the police run a risk of violating a person’s constitutional rights if the arrest is not executed absolutely perfectly. Attorney Matt Thompson has worked with the drug enforcement agencies and has a comprehensive knowledge of the way the agencies operate. In addition, Attorney Matt Thompson has litigated many issues surrounding arrests for drug sales, such as unlawfully obtaining evidence, illegal searches and seizures, unlawfully obtained warrants, and unlawfully obtained wire taps.

To prove the crime of the Sale of Narcotics, the State must prove the following three elements beyond a reasonable doubt (Fla. Stat. 893.13 and Florida Standard Criminal Jury Instruction 25.2):

1. The Defendant sold a certain substance;
2. The substance was an illegal substance pursuant to Florida Statutes;
3. The Defendant has knowledge that the substance being sold was an illegal substance pursuant to Florida Statutes

If you have been charged with selling narcotics, it is best to speak to an attorney immediately. Thompson Law would welcome you to sit down with Attorney Matt Thompson to discuss your individual case. Please contact Thompson Law and schedule a free consultation with Attorney Matt Thompson by calling (386) 280-4977.