Illegal Arrest as a Defense for a Drug Charge

In Florida, being convicted of drug possession with intent to sell is subject to severe penalties. Often, the offenders’ punishment is decided based on the type of the drug. For instance, individuals convicted of possession with intent to sell marijuana are likely to serve a maximum jail time of five years, while individuals convicted of possession with intent to sell cocaine are likely to serve a maximum jail time of 15 years.

Some Errors your Defense Attorney Can Use to his Advantage

Every defendant in a criminal case is given a chance to appeal the court’s decision. In a number of cases, the arguments may center around various “errors” they claim the prosecution made. A skilled criminal lawyer will help push your case back from the brink. Here are some error types that defense attorneys argue for you:

Fundamental error

A fundamental error is cited when further study of a case convinces the defense that there are many issues to contest that go right into the essence of the case. The defendant might not even cite these errors when making a case for appeal. A higher court may be asked to change the judgment “in the interests of justice.”