Drug Crime Defense at the Law Office of Maggie Jo Hilliard, P.A.
The criminal laws regarding drugs are extensive, both in the Federal and State systems. The legislature's justification for such strict policies are the statistics. According to the June 2008 North Florida High Intensity Drug Tafficking Area (HIDTA) Drug Market Analysis, research completed by the National Drug Intelligence Center, the following was noted regarding drug-related crime:
"High levels of violent and property crime in the North Florida HIDTA region are associated with the distribution and abuse of illicit drugs, particularly crack cocaine. According to data from the NDTS 2007, 11 of the 12 local law enforcement agency respondents in the North Florida HIDTA region reported that crack cocaine was the drug that most contributed to violent crime and property crime in their jurisdictions. Moreover, Federal Bureau of Investigation (FBI) Uniform Crime Report (UCR) data reveal that violent crime in Jacksonville increased from 2006 to 2007--this report does not overtly link drug trafficking and violent crime. Preliminary UCR data from January 2007 through June 2007 (the latest period for which such data are available) indicate that violent crime in Jacksonville increased from 3,164 reported offenses from January through June 2006 to 3,947 reported offenses during the same period in 2007. Likewise, property crime increased from 21,070 reported offenses from January through June 2006 to 21,311 reported offenses during the same period in 2007. In addition, the Jacksonville Sheriff's Office reports that the number of homicides committed in Jacksonville increased from 136 in 2005 to 177 in 2007. Law enforcement officials report that many of the arrested and convicted individuals had previously been involved in drug trafficking and suspect that much of the violence in the area is a result of conflicts among rival drug distributors, particularly street gangs, over increasingly limited drug markets."
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Drug crimes cover a broad range of charges involving controlled substances. It may be alleged that you possessed, sold, manufactured and/or distributed drugs. These crimes involve violations of federal or state law, or both. Each client's case is different, and consequences may include a broad range of potential criminal and administrative consequences, including probation, prison, property forfeiture and court-ordered drug treatment program(s).
The United States government has regulated the import/export and manufacture of drugs since the mid-1800's. In 1970, the legislature passed the Comprehensive Drug Abuse Prevention and Control Act, which replaced a large number of existing drug laws. This Act classified controlled substances into five categories (Schedules I to V), based on abuse and addiction potential comparable to therapeutic value. The Controlled Substances Act sets forth regulatory requirements, enforcement mechanisms and penalties for manufacture, distribution and/or possession of controlled substances.
Schedule I drug penalties are the most severe, as Schedule V are the least severe. Schedule I drugs have been found to carry a high potential for abuse and no accepted medical use. Schedule I drugs include heroin, LSD and marijuana. Schedule II drugs are those that have a justifiable medical value, yet carry a a high potential for abuse and severe dependence (i.e. PCP, cocaine, methadone, and methamphetamine). Schedule III drugs, which have less potential for abuse, a potential for moderate dependency and an accepted medical use. Schedule III drugs include anabolic steroids and codeine. Schedule IV drugs have less potential for abuse than Schedule III drugs, and a limited potential for dependency. Schedule IV drugs are accepted in medical treatment and include drugs such as Valium and Xanax. Schedule V drugs have low potential for abuse, some risk for dependency and possess accepted medical uses. These include drugs such as codeine.
Most states have drug laws similar to the Controlled Substances Act. Penalties may be less harsh or more flexible under state sentencing schemes. More severe charges typically result in harsher penalties, but less serious charges may have increased consequences, especially if prior convictions, firearms, activity near protected zones (e.g., schools, churches and parks), or minors are involved.
Many rehabilitation programs and options in the 4th Judicial Circuit for offenders to seek pretrial intervention, whereby charges would be dropped upon completion of a program, have been altered or no longer exist, making it more likely that a drug conviction could appear on your criminal record. Many things can be done to improve your chances of saving your criminal record, but you must act quickly because prosecutors revoke offers after time has expired.
It is not always true that your criminal drug charges arise from, or are related to, other criminal acts. Often, State Attorneys may have an impression that drug involvement equates to your involvement in other criminal activity. Thus, it is important to acquire legal representation that can assist you to present mitigation to prosecutors while simultaneously reviewing your case for 4th Amendment and other constitutional violations that may have occurred in your arrest. Drug cases often involve the questions regarding the legality of the search or seizure of drugs in possession. Evidence obtained in violation of an accused's constitutional rights is not admissible in court. Most challenges to the admissibility of evidence are based in the Fourth Amendment, which protects citizens from unreasonable searches and seizures.
If you have been charged with any drug offense, from possession of marijuana to involvement in a large-scale drug distribution conspiracy, it is important to hire an experienced attorney to represent your interests. Maggie Jo Hilliard, Esq. has experience in the development of effective defense strategies in drug cases from suppression hearings to jury trials. Her experience can make a significant difference in the ultimate resolution of your case.
Whether your case can be resolved through plea negotiations, or via trial, The Law Office of Maggie Jo Hilliard, P.A. will make sure you understand your risks and options every step of the way. Your full understanding of your case's intricacies is our priority.
Call to discuss your case today with Maggie Jo Hilliard, Esq. at (904)247-7600.