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Drug Offenses
by Michael J. Rocque, Esq., Michael J. Rocque, P.A., Fort Lauderdale, FL
Areas of Practice Include: Drug, D.U.I. and Criminal Defense
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Introduction

History of Drug Offenses

Being arrested for a drug offense doesn't have to be a terrible experience that destroys the offender's life and family. The fact of the matter is, that for many people, being arrested could be the best thing that could ever happen to them, (that is, if they have a drug problem.)

Each Case is Unique

Fortunately today being arrested doesn't mean becoming labeled a criminal, but an opportunity to help one's self to overcome any problems they may have. Today throughout the country through the efforts of people who care, a new concept called drug courts has evolved. Drug court is a concept which utilizes the resources of the criminal justice system to help people and our communities to become healthy and productive, as opposed to just punishing offenders and locking them up behind bars at great expense.

Drug courts and similar concepts are a new approach to resolving drug arrests in a manner that helps the person who was arrested to get help for any substance abuse problem they may have, as well as get assistance with job training, employment education and parenting skills.

Today when a person gets arrested for a drug offense there are more ways to resolve the case than in the past. People who are arrested and charged don't have to leave their fate in the hands of a judge or jury, but can begin to take charge of their own life and control their own destiny.

Unfortunately the opportunities available to resolve one's cases who's been arrested for drugs depend on what the actual charge is, the number of priors the person has, the jurisdiction where they were arrested, as well as the treatment programs available and the attorney who assists them in resolving their legal matters.

Options

Options and methods of handling a case include but are not limited to: 1) plea to the charge and receive a sentence agreed upon with the state, accepted by the judge or open to the court where the judge decides the sentence; 2) pretrial intervention (PTI), which is similar to probation but the charges are dropped when it is completed; 3) motion to suppress, which means to seek to have evidence excluded; 4) go to trial, i.e., have a judge or jury determine guilt or innocence.

The method of resolving a drug arrest case is always best to be determined by evaluating the person's needs as well as the laws which apply to the filed charge and the person's guilt or innocence. Not all people arrested for drug offense are guilty and many times a trial to determine one's guilt or innocence is the best method to resolve the case. After all this is the United States of America and one accused of a criminal drug offense is presumed innocent until the Government can prove their guilt beyond a reasonable doubt.

Conclusion

All in all, drug offenses in the State of Florida are considered serious and are treated that way, however, there are a number of options available to people who are arrested and charged with drug offenses. If you were to be arrested it is best to speak with an attorney (preferrably one who has a lot of expertise in this area), as soon as possible to determine which method would best resolve the case so that you can get the case behind you and live a happy and productive life.
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****The foregoing is not intended as an exhaustive review of personal injury law in Florida. This information is not to be regarded as legal opinion applicable to all circumstances. Each factual scenario is different and requires unique and individual advice. The information provided herein should not be relied upon and any person with inquiry or concern should consult an attorney.

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