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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.