Seminole County Possession Of Heroin Defense Lawyer

If you have been charged with possession of heroin in Seminole County please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your possession of heroin charge dismissed or reduced. One way to get your possession of heroin charge dismissed is by completing a Pre-Trial Diversion program. Not every possession of heroin case is eligible for a Pre-Trial Diversion program. See below for more information about Pre-Trial Diversion.

Mandatory 1 Year Driver License Revocation

A conviction for possession of heroin causes a mandatory 1 year driver license revocation. It does not matter if a car was involved in the incident that lead to the possession of heroin charge, the one year driver license revocation will still be imposed as a result of the conviction. If you would like to know what can be done to avoid the 1 year driver license revocation call Chris at 407-740-8300 to discuss your Seminole County possession of heroin case.

Former Possession Of Heroin Prosecutor

As a former possession of heroin prosecutor Chris has an understanding of what can be important to the prosecutor in your Seminole County possession of heroin case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your possession of heroin case.

Seminole County Possession Of Heroin Defense Lawyer Since 1999

Chris has been defending individuals in Seminole County charged with possession of heroin since 1999. Being an Seminole County possession of heroin defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Seminole County that handle possession of heroin cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your possession of heroin case.

Different Seminole County Possession Of Heroin Defense Lawyers Get Different Results

When you have been charged with possession of heroin in Seminole County you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A possession of heroin conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Information About Seminole County Possession Of Heroin Charges

Possession of heroin may be actual or constructive. Actual possession means the heroin is in the hand of or on the person, or the heroin is in a container in the hand of or on the person, or the heroin is so close as to be within ready reach and is under the control of the person. Mere proximity to a heroin is not sufficient to establish control over that heroin when the heroin is not in a place over which the person has control. Constructive possession means the heroin is in a place over which the person has control, or in which the person has concealed it. If the heroin is in a place over which the person does not have control, in order to establish constructive possession the State must prove beyond and to the exclusion of every reasonable doubt the person’s control over the heroin, knowledge that the heroin was within the person’s presence and knowledge of the illicit nature of the heroin.

POSSESSION OF HEROIN

Possession of heron is considered a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.

POSSESSION OF HEROIN WITH INTENT TO SELL OR DELIVER

Unless legally authorized, it is unlawful for any person to possess with intent to sell, manufacture, or deliver, a controlled substance. Sell 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. Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. Controlled substance means any substance named or described in Schedules I-V of Florida Statute section 893.03. Possession of heroin with intent to sell or deliver is considered a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years probation and/or a $10,000 fine.

Evidence

In order for the State of Florida to prove you committed a crime the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:

Where was the heroin located?
How many people had access to where the heroin were located?
Did you purchase the heroin from an undercover law enforcement officer?
Did you sell or deliver the heroin to an undercover law enforcement officer?
Was the transaction recorded on audiotape and/or videotape?
Did the officer field test the substance and determine it to be an illegal drug?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from unreasonable seizures and searches. An unlawful stop and/or seizure may cause evidence in your case to be inadmissible. An unlawful search in your case may cause evidence to be inadmissible. The United States Constitution and the Florida Constitution both also guarantee that people be free from self-incrimination. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:

Were you stopped and/or seized for a lawful reason?
Did the police officer have the right to search your person, property or vehicle?
Did you consent to a search of your person, property or vehicle?
Were you read your Miranda rights?

Seminole County Possession Of Heroin Penalties

A conviction for possession of heroin can result in many different penalties in addition to being a convicted felon. It is important for you to know what penalties you may be facing. Some of the penalties for a possession of heroin conviction may include:

Time in Jail or Prison
Probation
Mandatory 1 year loss of your driving privileges
Drug Counseling
Random Drug Testing
Community Service
Fines
Cost of Investigation
Cost of Prosecution
Court Costs

Pre-Trial Diversion

In Seminole County, Florida there is one Pre-Trial Diversion Program for felony possession of heroin charges, the Seminole County Drug Court Program.

If you successfully complete the Seminole County Drug Court Program the charge(s) you were placed in the program for will be dismissed.

Eligibility Criteria For Tier-One/First-Time Offenders Program includes the following criteria:

Must not have significant addiction issues. A substance abuse assessment by the program’s authorized evaluator is required.
Must be a Seminole County resident, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Tier One program and possess the motivation to complete its requirements.
Charged with a third degree felony for possession of a controlled substance or a 2nd felony purchase of a controlled substance under Chapter 893.
No previous felony convictions.
No previous admission to a felony pretrial program.
No more than one prior misdemeanor conviction.
No violation of probation cases are accepted
No evidence of sale of controlled substance in current case or prior felony criminal conviction.
No DUI charges may be diverted through this program.

All Tier-One participants must complete the following components:

6-week Drug Education Class
STD Awareness Class
Life Skills Assessment and any recommended training
Case Management
Monthly Probation Supervision
Random Urinalysis
Mandatory Court Appearance
Pay all program fees:
$1,000.00 Tier One Program Fee
$100.00 Cost of Prosecution
Four (4) percent surcharge to the Department of Corrections
Twenty-five (25) hours Community Service.
Pay cost of investigation, if any
Restitution is required, if applicable.

Upon full completion of the 6-12 month Tier One Drug Court program, the felony charge(s) will be dismissed by the State of Florida.

*Please note all program costs and fees are subject to change without notice.*

Eligibility Criteria For The Regular Adult Drug Court Program (for defendants with significant substance abuse issues):

The defendant must have a serious substance abuse problem requiring treatment. A substance abuse assessment by the program’s authorized evaluator is required.
Must be a Seminole County resident, have a drug-free stable place to reside, and reliable transportation.
Must be mentally capable of benefiting from the Adult Drug Court and possess the motivation to complete the program.
All cases must be approved by the State Attorney’s Office. Individuals charged with first time possession or purchase of a controlled substance are eligible to apply for acceptance into the program.
Individuals who are charged with, or who have a prior record of, sale or delivery of a controlled substance or possession with intent to sell or deliver a controlled substance are not eligible for Adult Drug Court.
Individuals who are charged with any other 2nd or 3rd degree felony may request the State Attorney review their case for consideration for the program. Factors which will be used to determine acceptance include the facts of the current case, victim consent, and prior record.
Violation of Probation or Community Control cases are eligible for acceptance.
Participants are required to pay the program fee of $1,000.00, any restitution applicable, any cost of investigation applicable, and $100.00 per case cost of prosecution.

Persons entering the program are required to enter a plea and their sentences are deferred until the completion of the program. Upon entering the program each individual is placed under the supervision of the Department of Corrections/State Probation, for a period of 12 to 18 months in order to monitor them while in the program.

All Adult Drug Court participants must complete substance abuse treatment that will be delivered in the following four drug court program phases. The length of program phases will vary depending on individual progress. The below guidelines are the minimum requirements:

Phase 1: Stabilization Phase lasts a minimum of 1 month:

Mandatory drug testing on Mondays and Fridays with random urinalysis on all other days
Attend 3 group therapy sessions per week
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend court sessions bi-weekly
Maintain court-approved housing
Attend 1 monthly office meeting with Probation Officer
Indicate an initial understanding of substance abuse treatment
Enroll and attend 4 self-help or NA/AA programs per week (NA=Narcotics Anonymous, AA=Alcoholics Anonymous)
20 consecutive clean urine days needed before consideration for promotion to the next phase

Phase 2: Intensive Treatment usually lasts a minimum of 3 months:

Weekly random urinalysis
Attend 2 group therapy sessions per week
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend court sessions bi-weekly
Locate/maintain court-approved employment, training and/or education
Maintain court-approved housing
Begin paying towards program fees
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of recovery principles
Enroll and attend 3 self-help or NA/AA programs per week
45 consecutive clean urine days needed before consideration for promotion to the next phase

Phase 3: Relapse Prevention usually lasts a minimum of 6 months:

Weekly random urinalysis
Attend 1 group therapy sessions per week
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend 1 court session per month
Maintain court-approved employment, training and/or education
Maintain court-approved housing
Complete payment of program fees in full
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of a recovery lifestyle
Attend a 3 self-help or NA/AA programs per week
120 consecutive clean urine days needed before consideration for promotion to the next phase

Phase 4: Community Transition period usually lasts a minimum of 2 months:

Weekly random urinalysis
Attend 1 group therapy sessions per month
Attend 1 monthly individual session with assigned Substance Abuse Treatment Counselor
Attend 1 court session per month
Maintain court-approved employment, training and/or education
Maintain court-approved housing
Attend 1 monthly office meeting with Probation Officer
Indicate an appropriate understanding of community transition
Attend 2 self-help or NA/AA programs per week
Continue clean urine days until graduation

Once completion has taken place, the plea is withdrawn and the charges are Nolle Prossed by the State Attorney, which states that they are essentially, dismissed.

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Seminole County Criminal Defense Lawyer