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Delivery of a Controlled Substance

Under Florida law, delivery of a controlled substance requires that the state prove the defendant actually took part in a transaction where drugs exchanged hands. It is not required that the state prove there was a financial transaction, unless the charge involves less than 20 grams of cannabis. Delivering under 20 grams of cannabis without financial consideration is a misdemeanor, but all other delivery charges are classified as felonies. If you have been charged with delivery of a controlled substance anywhere in South Florida or along the Treasure Coast contact criminal defense lawyer Benjamin Herbst anytime for a free consultation at (954) 543-0305. Benjamin specializes in delivery charges involving all types of substances including marijuana, cocaine, heroin, oxycodone, fentanyl and ecstasy. He has successfully defended hundreds of clients, including juveniles, in drugs charges across Florida, and is standing by to fight for you. Contact Benjamin 7 days a week at (954) 543-0305 for a free consultation about your case, or to set up an appointment at his Fort Lauderdale or West Palm Beach offices. Benjamin is also willing to travel anywhere from Homestead to Fort Pierce to meet in a convenient location. He represents clients in Miami-Dade, Broward and Palm Beach County and is also an experienced Treasure Coast criminal lawyer for those facing charges in Martin and St. Lucie County.

Delivery charges rarely happen by chance, as the defendant is usually the target of an investigation that started long before the arrest. South Florida police departments use two main methods to catch a suspected dealer in the act. The first is the use of undercover officers, who are out on the streets posing as buyers. The officer will typically make a purchase using marked money, and then a takedown team will be called in to make an arrest. Often the arrest is not made until hours or days later to preserve the identity of the undercover officer. In undercover buy bust cases the officer will eventually have to testify if the case goes to trial, so it is always a good bargaining chip to allow the state to keep the officer’s identity a secret. There are many defenses available in buy bust cases including entrapment, and Benjamin can explain if these defenses apply in your case. Benjamin has won numerous delivery trials, including a Broward County case where police officers captured the transaction on video, so no challenge is too big.

The other main law enforcement tactic to arrest suspected dealers is through the use of confidential informants or CIs. A CI is almost always working to help his or her own legal situation by leading police to dealers. Police start at the bottom by recruiting regular users and then attempt to work their way up to small dealers and so on in an attempt to ultimately arrest the so-called source of supply. Police often use confidential informants to make buys in order to secure a search warrant, so if you believe you may have sold to a CI then there is a good chance a search warrant is in the works. If you have been approached by law enforcement with a proposition to work as a confidential informant contact a criminal defense lawyer immediately. Police are known for making false promises to CIs and essentially holding them hostage. Working as a confidential informant is risky and dangerous, and the benefit does not always justify the cost. It always pays to bring a lawyer to the table when discussing this option. Benjamin has represented all types of defendants facing delivery charges across South Florida, as is standing by to answer any questions you may have about your charges. He provides all clients with his cell phone number and is always available to answer questions or discuss strategy on nights and weekends. Benjamin is also committed to keeping the families of his juvenile clients informed of the progress of the case at every stage. He has unique experience representing juveniles in criminal cases across Florida, and knows how to communicate with his younger clients.


Client Reviews
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My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
★★★★★
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
★★★★★
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
★★★★★
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
★★★★★
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.
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