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Drug trafficking cases: the basics

When it comes to drug trafficking, it’s not always situations like cocaine or heroin possession that most people think of. While those are certainly prevalent and lead to lengthy prison sentences, there are some lesser-known circumstances that lead people to prison for drug trafficking.

See four insights below on the basics of drug trafficking and why having an experienced attorney is crucial in the event of a trafficking charge.

Trafficking has to do with a minimum set amount

In order to be charged with drug trafficking, you have to be in possession of at least the minimum quantity of a controlled substance, which is set by Florida Statute 893.135. The minimum amount required to constitute a trafficking charge depends on the controlled substance in your possession. Most trafficking cases involve cannabis, cocaine, crystal meth or oxycodone/oxycontin.

But the possession of many other controlled substances can warrant a trafficking charge as well, and because of the high correlation between drugs and criminal activity, the Florida legislature has made penalties for a drug trafficking crime severe.

Prescription medication abuse, like oxycodone, can lead to a trafficking flag

Just because you may be taking prescription medication but not trying to move or sell pills doesn’t mean you’re immune from a drug trafficking charge. Since trafficking is based on weight of pills, a prescription of painkillers can easily weigh in at more than a trafficking amount. People addicted to painkillers that are taking two to five pills per day run a high risk of a trafficking charge or a prison sentence, especially if they’re purchasing pills on the street.

Trafficking minimum amounts vary by drug – from cannabis to crystal meth

Not all drugs follow the same minimum amount to constitute a trafficking charge. For example, marijuana has to weigh in at 25 pounds, while cocaine must weigh in at 28 grams. Prison sentences also depend on how much of the substance is being trafficked. For instance, if you’re charged with trafficking oxycodone/oxycontin, it will carry a minimum prison sentence of 3 years and a $50,000 fine for 4-13 grams (the minimum amount). However, in all cases, the judge can impose a maximum sentence of 30 years in prison for any trafficking.

An experienced drug trafficking defense attorney can help defend against charges

If you find yourself or someone you know facing a drug trafficking charge, an experienced attorney can craft potential strategies to build a solid defense. Your defense will be tailored to the specific facts of your arrest and charges. Some defenses could include an illegal stop and search, invalid search warrants, the type of drug possession or unwitting drug possession. In fact, a good criminal defense attorney may even attend court dates on your behalf. At the office of attorney Joseph Knape, we work diligently to resolve these cases —hopefully with a dismissal or an alternative prosecution agreement that may eliminate the need for court attendance entirely.

If you’re considering a criminal defense attorney to assist you in your defense, call us at 850-225-5563 or set up a consultation online.

Four reasons to hire an attorney if you’re a domestic violence victim

Domestic violence is, unfortunately, a common occurrence in our country. In fact, the National Coalition Against Domestic Violence reports that, on average, almost 20 people per minute are physically abused by an intimate partner in the U.S.

While the court provides assistance to victims as far as completing the petition, the process can be grueling and the return hearing is also a very time-consuming event. If you or someone you know has experienced this kind of awful abuse, seeking out the assistance of an experienced attorney will likely yield the best results and help you move forward in your life.

See four reasons why you should seek a domestic violence attorney below.

An experienced domestic violence attorney can get you protection

Everyone has the right to feel safe, especially in their relationships. And in situations of domestic violence, your sense of safety has likely been diminished. One of the key initial ways a domestic violence attorney can help you get some of that security back is by acquiring a restraining order. By getting an order of protection, this can prohibit your abuser from entering or remaining in your home or workplace. This also goes toward the protection of your children. At the office of attorney Joseph Knape, we offer representation in Orlando for injunction hearings for protection to keep you safe from crimes such as assault, stalking and any form of domestic violence.

A lawyer knows how to handle the paperwork

In addition to getting you an order of protection or restraining order, a domestic violence attorney can also assist with preparing the paperwork to file for divorce, if the relationship you are in is a legal marriage. With all the suffering and trauma you’ve endured and must heal from, it’s likely that the last thing you’ll want to deal with is complicated and long paperwork and details. An attorney can even coordinate with the police to make sure that you stay safe while legal work moves forward.

An attorney will build a strong case for you

Sometimes, one of the best ways an attorney can help you is by working with you to define the trauma you’ve endured and build a strong case for you. While some forms of domestic violence may seem obvious, there are certain abusive behaviors that don’t show themselves so plainly. If you feel, in any way, this could be the case – it may be time to consult a domestic violence attorney. Your attorney can outline the different forms of domestic abuse, such as physical aggression, assaults, threatening language, sexual abuse, controlling behavior, intimidation, stalking, covert neglect, intentional financial deprivation and even spiritual abuse. And because your attorney will be invested in your situation personally, he or she can help craft a strong case for you based on your needs specifically.

With a lawyer, you’ll have a sense of comfort

While it’s always a good idea to seek professional help from a counseling standpoint if you’ve suffered abuse, domestic violence attorneys often deal with similar cases and can help provide you with reassurance from a legal perspective. They know what you’re going through, they’ve helped many others like you and they can apply their expertise and experience to your personal situation. Whether it’s talking you through the initial steps or serving as a strong advocate throughout the entire litigation process, having a specialized attorney by your side will be a tremendous relief and security.

If you’re considering a domestic violence attorney to assist you in your case, call us at 850-225-5563 or set up a consultation online.

Probate: four things you need to know

Probate administration is the fastest growing area of law, but many people don’t fully know the extent of what it means or entails. In fact, several changes have been made to existing tax laws that can dramatically impact the amount of tax you’ll pay when you pass away – yes, even after death there’s still some taxes to sort out! Additionally, these changes will also affect your assets and property that are inherited by your family members.

Below, see four basics you should know about probate, estate planning and more.

Probate is all about the will

Probate is the process of distributing a person’s will after they’ve passed away. Making sure you have a detailed and strongly written will is crucial and extremely important, since a poorly worded will could lead to contest by family members and expensive legal fees. If one family member challenges the will stating that it’s not the actual will of a decedent or if they produce a second will, the case can get even trickier. In order to prevent this, having an experienced attorney draft the will and keep it for the time when it may need to be produced in a court can save some of these troubles.

Many people don’t have a will

According to AARP, 60 percent of Americans don’t have a will in place. And while that percentage increases with older citizens, it’s still important for younger people to be thinking about – especially when a significant life event has occurred, like the birth of a child, a wedding, divorce or even an accident. While it may seem daunting to be thinking about end-of-life arrangements, it’s essential to consider what will happen to your estate and belongings. Without a will, your family may be left wondering about what you would have wanted, guessing and – in unfortunate cases – fighting over the property and assets that you have left behind.

Proper estate planning can prevent probate

Properly planning your estate can lead to avoiding probate complications down the road. By completing simple estate planning documents like a strong will, living trust, health care surrogate, HIPAA release and power of attorney, you can mitigate grievances for your family after you’ve passed away and avoid the probate administration. One of the most common methods we at the office of attorney Joseph Knape use in estate planning is creating an irrevocable trust. This trust will shelter the tax consequence of the assets until the person passes away and sometimes even to the generation after them.

You need power of attorney

A must-have for any kind of estate planning, power of attorney is an authorization by you allowing a chosen individual or individuals to execute legal documents on your behalf in the event you become disabled or mentally incapacitated. This is crucial since it gives you the opportunity to select who will speak for you or make decisions for you in the unfortunate event you can’t for yourself. To learn more, call us at 850-225-5563 or set up a consultation online.