Tyran Jackson of Urbana, Florida pled guilty and was sentenced to 30 months of probation and 90 days in jail for possession with intent to deliver a controlled substance. Jackson admitted that on Oct. 17, he had cocaine for sale in the 1800 block of South Cottage Grove Avenue in Urbana. A more serious charge of selling within 1,000 feet of a park was dismissed.
When law enforcement find evidence that a person is in possession of drugs, they will next look to see if there is any evidence that the person intended to distribute the drugs. Law Enforcement are always on the lookout for certain signs that they consider to be strong evidence of an intent to distribute, including:
– Scales or other devices that may be used for measuring in illegal drug sales
– Possession of large amounts of drugs not normally considered for personal use
– Placement of drugs in individual plastic bags or in separate packaging containers that may suggest they are intended for multiple people and therefore, sale.
One may be charged with cocaine trafficking in Florida if one is found in possession of 28 grams or more of cocaine. The actual penalties for trafficking vary depending on the exact quantity possessed, ranging from a 3-year minimum mandatory incarceration and a $50,000 fine for 28 grams of cocaine to $250,000 in fines and mandatory life imprisonment for 150 kg or more of cocaine.
Several methods an experienced attorney might use can often lead to a positive outcome for the accused following a Jacksonville possession with intent to distribute charge, including:
– Questioning whether the suspect was illegally detained
– Questioning whether the original search was legal
– Using the facts of the case and legal arguments to challenge for a reduction of charges
– Questioning whether statements from witnesses and the accused were obtained legally
– Filing motions to suppress evidence
If regular, powder cocaine sentences are harsh, the crack cocaine sentences are even worse. The disparity in the punishment for powder cocaine convictions versus crack cocaine convictions is remarkable. For many years, the federal sentencing rule was 100:1. Someone convicted of one ounce of crack would receive a penalty 100 times more severe than the penalty received by someone convicted of one ounce of powder cocaine.
Within the past few years, the federal government amended the federal sentencing guidelines to allow for an 18:1 ratio. Although this is a better move in the right direction, the disparity is still astonishing, in both federal and Florida state laws. If one accused of being involved with crack cocaine, one should not delay in contacting an experienced Jacksonville drug crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Drug plea brings probation, The News-Gazette