Florida Drug Trafficking Statutes

Drug trafficking is taken seriously in Florida. Therefore, the penalties associated with this crime if you are found guilty are no less than life changing. From prison time to fines and much more, you could be facing a drastic life change if a judge and jury convicts you. In fact, not only will you have a permanent criminal record, but your relationships and career will be negatively affected. Here’s what you should know about Florida’s drug trafficking statutes and also how to get the help of an experienced criminal defense lawyer.

Florida Drug Trafficking Statutes by Substance

Florida penalizes drug trafficking according to the substance being trafficked.

Cocaine

  • 28-200 grams — $50,000 fine and 3 years imprisonment
  • 200-400 grams — $100,000 fine and 7 years imprisonment
  • 400 grams – 150 kilograms — $250,000 fine and 15 years imprisonment
  • 150+ kilograms — Life imprisonment without the option of parole

Heroin

  • 4-14 grams — $50,000 fine and 3 years imprisonment
  • 14-28 grams — $100,000 fine and 15 years imprisonment
  • 28 grams – 30 kilograms — $500,000 fine and 25 years imprisonment

Hydrocodone

  • 14-28 grams — $50,000 fine and 3 years imprisonment
  • 29-49 grams — $100,000 fine and 7 years imprisonment
  • 50-200 grams — $500,000 fine and 15 years imprisonment
  • 200 grams – 30 kilograms — $750,000 fine and 25 years imprisonment

Oxycodone

  • 7-14 grams — $50,000 fine and 3 years imprisonment
  • 14-25 grams — $100,000 fine and 7 years imprisonment
  • 15-100 grams — $500,000 fine and 15 years imprisonment
  • 100 grams – 30 kilograms — $750,000 fine and 25 years imprisonment

Methamphetamine

  • 14-28 grams — $50,000 fine and 3 years imprisonment
  • 28-200 grams — $100,000 fine and 7 years imprisonment
  • 200+ grams — $250,000 fine and 15 years imprisonment

LSD

  • 1-5 grams — $50,000 fine and 3 years imprisonment
  • 5-7 grams — $100,000 fine and 7 years imprisonment
  • 7+ grams — $500,000 fine and 15 years imprisonment

Ecstasy

  • 10-200 grams — $50,000 fine and 3 years imprisonment
  • 200-400 grams — $100,000 fine and 7 years imprisonment
  • 400+ grams — $250,000 fine and 15 years imprisonment

 Defenses Against Drug Trafficking Charges

If you’re facing drug trafficking charges, there are a few different defenses to use. In fact, your lawyer will help you determine which one is most likely to be successful in your case depending on the circumstances, facts, and evidence in your case. For example, you could argue actual innocence if the drugs are planted by someone else on you or your property. Or, you may be able to argue that the police illegally searched you. Illegal search and seizure is a very viable defense. It may keep the actual substances out of court evidence, making it harder for the prosecution to make a case against you.

Contact Fort Lauderdale Criminal Defense Lawyer Leah Mayersohn, Esq. Today

Don’t let drug trafficking charges ruin your life. Get help from an experienced drug trafficking attorney today to defend yourself and protect your rights under Florida law. Call now for a consultation at 954-400-5000.


DUI Manslaughter Charges

 

What Happens When Faced With DUI Manslaughter Charges?

An arrest for driving under the influence of alcohol is one thing. But an accident that causes someone else’s death as a result of drinking and driving is an entirely different and heartbreaking situation. While you never intended to cause the death of another person, the Florida criminal system will treat you harshly as a consequence for driving while intoxicated. Here’s how you can defend yourself against these serious charges with the help of a DUI lawyer.

How Test Results Can Be Struck from the Record

The heaviest evidence against you in a DUI manslaughter case is your BAC results. Field sobriety test results — if performed — are also important. Blood testing is most commonly used in DUI accidents since everyone involved is usually transported to the hospital.

The key in any DUI manslaughter case is to question the validity of the evidence and whether the results are accurate beyond a doubt. If an officer gave you a breathalyzer test but did not calibrate the equipment properly, the test could be invalid. Also, if you were given a blood test, your attorney may question the chain of custody. Any potential issues with how your blood was drawn, transferred to the lab, and tested could result in that evidence’s omission from court.

Should You Accept a Plea Deal?

In some cases, the evidence against the defendant is so overwhelming that the chance of a successful litigation is low. Your lawyer can help you evaluate what the prosecutor has against you and plans to bring in front of a jury. This will determine if it is in your best interest to look into a plea deal.

A plea deal could include pleading guilty to lesser charges, agreeing to mandatory alcohol treatment, both, or other penalties. However, they are almost always less than what you stand to incur if you go to court and are unsuccessful. Each case is different and your attorney can help you find the avenue that elicits the best possible outcome.

Contact a Florida DUI Lawyer Today

At Fort Lauderdale Criminal Defense, we understand how difficult facing DUI manslaughter charges can be. We commit to aggressively advocating for your rights and freedoms under the law. Call now for a consultation at 954-400-5000.


The Four Steps to a Criminal Case

 

Dealing With A Criminal Case?

Being arrested and charged with a crime is a frightening and sobering experience. Therefore, if you’ve been charged with a crime, the time to act is now. It’s important to understand what will happen during your criminal case and what to expect as you move through the various stages of the Fort Lauderdale court system. Here’s what you need to know about the four steps to a criminal case.

1. The Arrest

The first stage of a criminal proceeding is the arrest. Once the arrest is made, the defendant can be released from jail on bond or on their own recognizance. In some cases, however, no bond is necessary. This typically occurs when the charges are dropped or when the defendant is taken straight to court for the arraignment.

2. The Arraignment

At the arraignment, you will be informed of your rights. This is your first court appearance, and simply exists to state the charges that are formally being filed against you and your right to contact an attorney. During the arraignment is when a defendant is required to enter in their formal plea of either guilty, not guilty, or no contest.

3. The Preliminary Hearing

A preliminary hearing is conducted in order for the judge assigned to the case to review all the evidence against the defendant and to determine if there is enough evidence available for the defendant to stand trial. Additionally, if it is determined that enough evidence exists, the prosecutor will file paperwork that requires the defendant to proceed to trial.

4. The Trial

Before the trial occurs, a jury must be selected by the attorneys of both sides — typically the prosecutor and the defendant’s criminal defense attorney. Then, evidence is presented by both sides in front of the judge and jury and the jury must use that evidence to determine if the defendant is guilty or not. If the defendant is found guilty, he or she is taken into custody immediately. If a not guilty verdict is returned, the defendant is free to go.

Contact Leah H. Mayersohn, Esq. Today

Leah H. Mayersohn, Esq. is a seasoned Fort Lauderdale criminal defense attorney with the experience and resources to guide you through California’s criminal justice system. When you work with Attorney Mayersohn, you can be confident that you have a strong, viable defense. Call today for a consultation to discuss the specifics of your case at 954-400-5000.


What You Need to Know About Prescription Drug Crimes

Penalties For Prescription Drug Offenses

Prescription drugs are used widely and regulated across the U.S. This is because many prescription drugs used for pain and mental illness are as potent and dangerous as drugs like heroin or methamphetamine when used improperly. If you were arrested for a prescription drug crime, it’s important that you learn what penalties you may have to face and what your best options are for defending yourself against this type of crime.

Prescription Drug Crimes Defined

Not all prescription drugs are regulated in the same way. It is generally only considered a criminal offense when the medications are of a controlled nature. Controlled medications include drugs used for ADHD, pain, and anxiety. Here are some of the most common forms of prescription drug crimes:

  • Selling prescription drugs to someone else for a profit (either acquiring to sell them or selling your “extra” pills)
  • Giving prescription drugs to a friend
  • Attempting to or successfully robbing a pharmacy in order to obtain controlled substances
  • Possessing prescription drugs that do not belong to you and were not prescribed to you by a licensed physician

What Penalties You May Face If Convicted of a Prescription Drug Crime

If you are charged with and found guilty of this type of crime, you may face severe penalties. A Criminal Defense Attorney will advise that penalties include but are not limited to fines and incarceration. How serious the penalties depends greatly on how serious the crime was that you were found guilty of. For example, if you purchased a few pain pills from an acquaintance, you may not incur as much jail time as if you sold or trafficked a large number of controlled drugs.

Regardless of the severity of the crime, any criminal penalties stand to change your life in a negative way. Jail time, fines, community service, probation, and mandatory drug counseling impact your career and relationships.

Contact a Prescription Drug Crimes Attorney Today

When you face any criminal charges — especially those related to prescription drugs — it’s important to have someone in your corner dedicated to fighting for your rights. At Fort Lauderdale Criminal Defense, we will go to bat for you against prosecutors and will petition the court for the charges against you to be reduced or dismissed entirely.

Reach out to us today for a consultation to learn more about your legal options after being charged with a prescription drug crime. Call now at 954-400-5000.


Potential Defenses Against Money Laundering — A White Collar Crime

 

What You Need To Know About White Collar Crime

Money laundering, the mainstay of White Collar Crime, is a serious charge. If convicted, you can spend years in jail, depending on how much money was involved. Also, you will have a permanent criminal record, be ordered to pay high fines, and more.

In order to defend yourself against these charges, it’s critical that you work with a seasoned criminal defense attorney. Here are some examples of successful defenses against money laundering charges and how to protect your rights under the law.

Not Enough Evidence

A common defense is that there’s not enough evidence to convict you beyond the shadow of a doubt. To prove money laundering, the illegal funds are traced to their original source. Additionally, you must prove that the original source was an illegal activity. This is often difficult for prosecutors to do.

Coercion

If you or your family were threatened with death or bodily by another person participating in the crime, you can argue that you committed the crime under duress. Depending on the circumstances of your case, there is a small possibility that the charges are dropped completely when arguing duress. But, more often than not, a successful duress argument results in reduced charges.

You Did Not Intend to Launder Money

As with any crime, it is necessary for prosecutors to prove that you intended to commit the crime. In fact, in the absence of intent, it’s difficult for the charges to stick. In some cases, a person who launders money is not aware that the source of the money was an illegal activity. If you are unaware of what was happening or you had no intent to launder money, you could have the charges dismissed.

Seasoned Criminal Defense

All of these defenses — and more — require a seasoned criminal defense lawyer. The attorney will help you gather the evidence to strengthen your case and combat the evidence presented against you by the prosecution. At Fort Lauderdale Criminal Defense, we believe that the Constitution affords everyone the right to a strong defense, no matter the crime. We commit to presenting your case in the best possible light to increase your chances of a dismissal or reduced charges.

Call today for a consultation to discuss the specifics of your case during a consultation at 954-400-5000.


How to Challenge Charges of Shoplifting

 

The Lowdown On Shoplifting

Many people don’t take shoplifting charges seriously, but you have every reason to. A shoplifting charge may or may not cause incarceration. However, you will deal with fines, mandatory community service, and a permanent criminal record. If you are charged with shoplifting, don’t wait to hire an attorney. Here’s how your lawyer might challenge the charges against you.

No Intent to Steal

A primary element a prosecutor must prove in a shoplifting case is that the defendant intended to take the items. Many people actually forget to pay when they leave the store. Or, if they realized they forgot to pay for an item, they may try to return it. If the defendant had no intent to steal, then it logically follows that no crime actually took place.

Mistaken Identity

Many shoplifting cases rely on video footage of the plaintiff taking items from a store. However, surveillance footage is often grainy and it can be difficult to make out specific facial features or other identifying marks that would make it possible to match the person in the video to the plaintiff beyond the shadow of a doubt. While this defense may not always be applicable, it sometimes proves useful if a defense attorney believes they can make the jury question who was really in the video.

Discounting Witness Statements

If no video footage is available, many prosecutors will attempt to call witnesses who will say that they saw the plaintiff take items from the store. However, witness statements can often be discredited for a variety of reasons. In fact, a witness with poor vision may be considered unreliable, or there may be a witness who stands to gain something from pointing the finger at the defendant.

Take Shoplifting Charges Seriously — Contact a Criminal Defense Attorney

Don’t let shoplifting charges change your life and make it more difficult for you to get a job, obtain credit, or even rent an apartment. If you’ve been arrested for shoplifting, don’t hesitate to contact an experienced criminal defense attorney who can defend you and increase the chances that the charges against you will be reduced or dismissed entirely.

Contact Leah H. Mayersohn, Esq. at Fort Lauderdale Criminal Defense today for a consultation by calling 954-400-5000.


What to Do After a DUI Arrest

 

A DUI Arrest And What Comes Next

When you see the blue and red flashing lights behind you before getting pulled over, it can feel like your heart drops down into your stomach. If you’re arrested for driving under the influence of alcohol, things just seem to get worse from there. Fortunately, what you do after a DUI arrest can play a significant role in whether or not the charge sticks. Here’s what you need to know.

Do Not Resist Officers and Do Not Answer Questions

When you’re arrested, you’ll be cuffed and placed into the back of a police cruiser. Whether you’re sober and believe you were arrested in error, you do not have the right to resist arrest. Allow the police to do their job. Also remember that you do not have to answer any questions and if you do, your words may be twisted and used against you. Instead, remain silent or say “No comment.”

Contact Your Attorney as Soon as Possible

If you do not contact an attorney right away, at some point, one will be appointed to you. However, this may take a long time, meaning that you may be in custody for longer than you wish. During that time, you’ll also be missing out on important advice regarding your situation. Instead, contact an experienced DUI defense lawyer as soon as you can in order to learn what you need to do to protect your rights after an arrest.

Schedule a Hearing with the DHSMV

The officer who arrested you should have provided you with a DUI citation, which also serves as a temporary driver’s license for 10 days. You will have to schedule a hearing with the Division of Highway Safety and Motor Vehicles in order to petition for your license not to be suspended, which is completely separate from your criminal trial. If you do not schedule and attend this hearing within 10 days, your license will automatically be suspended.

How Attorney Leah H. Mayersohn, Esq. Can Help

At Fort Lauderdale Criminal Defense, Attorney Leah H. Mayersohn, Esq. understands the special challenges you face after being arrested for drinking and driving. She’ll go to bat for you in Florida’s complicated legal system and will work hard to see that the charges against you are reduced or dropped entirely. Don’t wait — when your future is on the line, you must act quickly. Call today for more information or to schedule a consultation at 954-400-5000.


Charged With A DUI? What Next?

Law Enforcement Stopped You For A DUI? What Happens Next?

If you’re stopped for the suspicion of a DUI, your emotions can run high and the situation can escalate pretty quickly. The good news is that you can control some of what happens by keeping your composure and ensuring that you cooperate to an extent that you do not incriminate yourself as a result of excessive nervousness and anxiety.

Remain Cooperative and Cordial

It is always best to remain cordial with law enforcement, you do not want to appear to be uncooperative, things can only get worse if you are perceived to be under the influence and also belligerent which can easily exasperate the situation. Let the officer do his or her job, do not reach for anything other than the wheel.  Keeping your hands on the wheel and waiting for the officer to make requests is important.

The officer will let you know what he or she needs and when. Once they have asked for your license and registration, you can then allow yourself to reach for the glove box or console, wherever it may be that your identification and documents are stored. Law enforcement can often be an intense job and therefore, any sudden moves are not recommended.

Do Not Overshare

When it comes to a DUI Stop, answer any necessary questions but do not volunteer any admissions of guilt. Your words, as is often repeated, can and will be used against you.  Keeping this in mind, there is no need to comment on “where and when” if the answer can be used against you.

Get Help With Your Fort Lauderdale DUI Charges

A DUI Charge will become part of your permanent record.  A DUI Conviction will become part of a permanent criminal record that will affect and follow you into your future.  It is vital to get help as early as possible so that you can begin mounting your defense against the DUI charge.  An experienced and qualified Florida DUI Attorney can go over your case details and the circumstances surrounding your arrest and strategize how best to defend you and protect your future.  Call Mayersohn Law Group for help now.


What You Need To Know About A DUI Arrest

Were You Arrested For A DUI In South Florida?

When you get a glimpse of a law enforcement vehicle behind you while out on the road, the experience can be unnerving.  When that vehicle is accompanied by flashing lights, every nerve is on its end.  You automatically assume that those lights are meant for you and, if unfortunately, those lights are meant for you, the next best thing that you can do is pull-over as calmly as possible.  If you are pulled over on suspicion of a DUI, you may feel like you have lost control however, you can salvage much by how you handle what comes next.

Comply But Remember, Less Is More

First and foremost, your words can later be used against you so it is important that while you cooperate in order to stay safe and keep the situation from escalating, you do not need to offer additional information that may later be used to help convict you of the charges.  You have rights under the law so, it’s important to remember that you can answer basic questions to indicate to law enforcement that you are cooperating, but anything more in-depth than being cooperative and cordial may spell trouble later.

What Comes Next?

After being arrested for your DUI, you will be taken for processing.  Later you will face your arraignment and learn more about the extent of the charges against you.  The charges will depend on the circumstances surrounding your initial traffic stop and the events that transpired as a result of that stop. Did they suspect that you were intoxicated or impaired? Did they ask you to take a field sobriety test? Did you comply with a Sobriety test? All of the events surrounding your arrest will be called into the arraignment and you may be facing more than one charge.

Speak With A DUI Attorney As Soon As Possible

You will have the opportunity to speak to an attorney, at that point, it is important that you speak to a qualified and experienced criminal defense attorney who understands Florida DUI laws.  It is important that you begin to strategize on your defense immediately to stay ahead of your DUI Charges.  Contact Mayersohn Law Group today to learn how we can help you.


Were You Arrested For Shoplifting?

Here’s What You Need To Know About Shoplifting Charges

Shoplifting may not seem like a serious charge compared to other criminal charges, however, if you were arrested for Shoplifting, you can rest assured that the arrest will appear on your record as would any other criminal charge. Regardless of how minimal a shoplifting charge may seem, there is potential for jail time, fines and even community service.

In addition, jail time, fines and penalties will be incremental based on the number of charges and charge classifications. Very often, an arrest is accompanied by more than one offense therefore, it is very possible that you could be faced with more charges. Due to the latter, in order to protect yourself and your future, it is important that you speak to a Criminal Defense attorney immediately in order to preserve your name, reputation, and future.

Retail Theft Charges

Shoplifting is a theft crime that is referred to as Retail Theft in the state of Florida.   Retail theft can ultimately be categorized as either Petit Theft or Grand Theft, the latter depends on the value of the stolen property as well as any prior offenses.  Depending on the value of the theft, you could be facing either misdemeanor charges or a felony charge. In addition, you may face probation or up to five years in jail as well as fines and monetary penalties. 

Possible Defenses to Shoplifting Charges:

  • A lapse in judgment: The defendant forgot to pay for the item before leaving the store and did not intend to steal the item.
  • You have the Wrong Guy: The defendant is not the actual person who committed the theft and this is a case of mistaken identity.

Get Help Today

Shoplifting charges can stain your record and reputation and affect your future, employment and as a result, your quality of life.  It is up to you to defend yourself and the best way to do that is to get help from an experienced Criminal Defense attorney.  Contact our office today to learn more about how we may be able to help you.

Contact Leah H. Mayersohn, Esq. at Fort Lauderdale Criminal Defense today for a consultation by calling 954-400-5000.