What Is The Difference Between Civil And Criminal Forfeiture In Drug Cases?
A criminal forfeiture is something that is built into a criminal indictment. When charged with a crime in an Indictment, often there is a separate count concerning the actual forfeiture of the proceeds that can be identified as having come from an illegal transaction. A civil forfeiture is different in the sense that it is like a civil lawsuit against the property independent of the criminal charges. There are many procedural differences as well.
What Is The Role Of A Grand Jury In My Drug Case?
In the US federal criminal system, all crimes are charged by a grand jury. In a state drug case, it is not charged by a grand jury; it is charged by the prosecutor. In a federal case, the grand jury hears evidence presented to it by the prosecutor. There is no defense lawyer or judge. It’s a charging function made up of ordinary citizens.
If I Simply Intend To Plead Guilty To The Drug Charges, Why Do I Need An Attorney?
The act of pleading guilty brings a lot of collateral consequences. It could be anything from to the penalty itself to other conditions of the sentence that can be modified, included, or not included. It can affect many aspects of your life. It can relate to the forfeiture of property, fines, and supervised release after a period of incarceration. There are so many variables involved in a decision to plead guilty that you definitely need a lawyer. As a matter of fact, in a felony case, the court will require you to have one.
What Are Drug Schedules Under Florida Law? How Does This Impact My Drug Charge?
There are differences between Florida state and federal law. There are some common themes that are important, depending on the quantity and type of drug. Some cases will trigger a minimum mandatory sentence in Florida and it will do the same thing on the federal level. Those minimum mandatory sentences are different in these separate jurisdictions and they are handled in a different way, but the concept is the same.
What Are Mandatory Minimums In Drug-Related Cases In Florida?
Minimum mandatory sentences are exactly what the phrase means. The only way to mitigate a mandatory minimum sentence, both in Florida and at the federal level, is by providing what’s called substantial assistance to the state or federal government in an investigation. By providing that substantial assistance, you would minimize for a mitigation of sentence.
What Are Possible Defenses In Drug Charge Cases In Florida?
Defenses in drug cases can take on a wide variety of looks and feels. For example, you have to have knowledge of the transaction and know what you’re doing. You can’t be an unknowing participant in something that’s not permissible by law. Defenses revolve around what you know, how you know it, what you did, how you did it, and what the prosecution can prove. Lack of intent and/or knowledge are two common defenses.
Can My Florida Drug Defense Attorney Get My Charges Reduced?
Charges can be reduced. This requires interaction at an early stage in the process between the prosecutor and your defense attorney.
For more information on Drug Related Cases In The State Of FL, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 707-6111 today.
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