In most criminal cases, the fate of the individual facing charges lies in whether they actually committed a crime. That is not the case, however, for cases involving conspiracy charges. You can be charged with conspiracy to commit drug crimes in Orlando. These charges result in serious penalties that require an experienced lawyer to defend your rights in court.
If you’re facing charges for conspiracy to commit drug crimes but aren’t entirely sure what those charges mean for your future, you want The Umansky Law Firm on your side. They have extensive experience handling drug charge cases and are knowledgeable about how to build defense strategies that stand up in court.
An individual commits conspiracy to commit a drug crime when working collectively with one or more other individuals when plotting to commit these crimes. Conspiracy offenses typically seek to punish several people and encompass two primary elements:
Penalties for committing this crime are outlined in Florida Statutes Section 774.04, which bases the degree of sentencing on punishments one step under the intended crime. For example, if you are convicted of conspiracy to sell over 25 pounds of marijuana, your punishment would be for a second-degree felony offense, which is a step under the actual first-degree felony for successfully trafficking the drug.
There are multiple types of drug charges a person can face. The Umansky Law Firm is experienced in handling cases that involve the sale, possession, transportation, and manufacturing of illegal substances. The most common illegal substances in Florida include:
Some drug charge cases are unique because they don’t directly involve the sale, possession, transportation, or the manufacturing of illegal substances – only conspiracy to do so. Conspiracy cases are sensitive cases and, therefore, require the assistance of experienced and knowledgeable legal counsel.
In 2012, the Florida 5th District Court of Appeals defined what was and was not a conspiracy charge in Florida v. Davis. In this case, the defendant had been charged with cocaine trafficking and conspiracy to traffic cocaine. The prosecution produced evidence that showed the defendant agreed with another person to sell the cocaine to another individual on two different days. The defendant only completed one of these scheduled sales, which led to that conspiracy charge in addition to drug trafficking.
The defendant was eventually convicted of both crimes but filed an appeal with the 5th District Court of Appeals. It later reversed the lower court ruling because there was insufficient evidence that the defendant agreed to buy or sell a drug. The prosecution had charged Davis with trafficking because he completed a sale and conspired to traffic drugs; but he did not complete one of the two planned sales. Despite this fact, Davis was convicted of both charges, of which he appealed the conviction of conspiracy to commit a drug crime.
The 5th District Court of Appeals reversed the ruling, asserting that there was not enough evidence to convict Davis of agreeing to buy or sell a drug. Essentially, both parties must agree to buy or sell a drug to commit conspiracy.
In the 1994 case of Florida v. Rodriguez, the 2nd District Court of Appeals issued a finding that if an individual does not have a consensual agreement to a crime or this relation was nominal, then conspiracy is not established.
The penalties for conspiracy to commit drug crimes is dependent on the type and quantity of drugs involved. Schedule I drugs such as heroin, marijuana, LSD, or ecstasy carry the most severe penalties. A person charged with conspiracy to sell, traffic, or manufacture one of these drugs could face up to 30 years in prison and thousands of dollars in fines.
For the prosecution to convict a person of conspiracy to commit drug crimes in Florida, they only need to be able to prove the agreement to commit the crime. Therefore, it’s essential to hire an attorney who understands how to build a viable defense strategy using the details surrounding the case.
The success of a defense strategy for a conspiracy case lies in the details. There are, however, multiple foundational strategies experienced attorneys use to build their best defense. Common strategies for conspiracy cases include:
Some prosecutions will attempt to get you to settle for a plea bargain before you hire an attorney to defend your case. It’s always in your best interest to consult a trusted attorney first before you settle for anything offered to you.
If you’re facing the reality of drug charges, there’s hope if you have the right legal team on your side. In Orlando, the attorneys at The Umansky Law Firm have more than 100 years of combined experience handling criminal defense cases and have represented thousands of individuals facing drug charges. Our team is recognized among Florida’s Legal Elite and is highly rated on Avvo.com for the service we provide our clients.
At The Umansky Law Firm, we believe that everyone deserves a second chance and that your life shouldn’t be defined by a single mistake. To schedule a free consultation, call our office or contact us online today. We’re here to help.
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