Drug Crimes
Possession of drugs can be charged by the State Attorney as a felony or a misdemeanor in Florida. How possession is charged ultimately depends on the type and amount of drugs that you posses. Simple possession of a small amount of marijuana is usually charged as a misdemeanor. Along with the possibility of jail time fines and court costs, simple marijuana possession will result in the suspension of your drivers license for a year. Possessing large amounts of drugs or selling drugs will result in your charges being filed as a felony.
In Florida, nonviolent drug offenders may have alternatives to jail time and being left with a criminal record. Glenn Swiatek is often able to qualify his clients for diversion programs as an alternative to jail. You may have heard of the drug diversion program called “drug court.” It is our law firm’s experience that this diversion program rarely works and may be run, at least in Okaloosa County, contrary to the statutes which created the program.
Glenn Swiatek has an appeal pending before the First District Court of Appeals concerning the Okaloosa County Drug Court program. He is currently recommending that drug offenders avoid the Okaloosa County Drug Court program at all costs because of the high rate of recidivism and the program being abused by the State Attorney’s Office resulting in what is known as a “slow arrest.” That is, you will be rearrested for testing positive while in the program and instead of being returned for prosecution. You will be immediately sentenced without the benefit of a trial. This is contrary to the Florida Statutes which created the Drug Court program and contrary to the United States and Florida Constitutions.
Other drug diversion programs allow those persons accused of more minor drug offenses to be considered for what is called "alternative disposition" in their case. These people approved for drug programs receive treatment instead of jail time. These clients must agree to in-patient or out-patient treatment programs and they will be supervised by the Probation Department.
Glenn Swiatek’s opinion is that professional treatment, supervised by licensed psychiatrists, psychologists and drug therapists is always a better alternative to incarceration or the Okaloosa County Drug Court program.
Major Felony Drug Cases
People accused of possessing large amounts of drugs, cultivating or manufacturing drugs, or selling drugs are not generally eligible for the approved diversion programs. Mr. Swiatek has had some significant success recommending to the Court that these offenders be placed in alternative facilities. In the most serious cases the prosecution will be asking the Court to sentence you to prison. While past performance is not a guarantee that your case will qualify for an alternative to prison, Glenn Swiatek has been able to place his clients into such alternative facilities.
When you hire Glenn Swiatek to represent you in your drug case he will always look behind the charges to see if there are legal motions that may be brought to have your charges dismissed. Even if you were caught in possession of drugs, the circumstances leading to that charge may not have been legal. Did the police have probable cause to search you, your car or your home? If not, Glenn Swiatek may be able to have the judge throw out this illegally obtained evidence, leading to a dismissal of charges.
In many other drug cases there is a major issue as to who had "control" or "ownership" of the drugs found. Even if you were found in a vehicle where drugs may have been found the prosecution must prove that you had "dominion and control" over the drugs and knew the "nature of the substance" found in the automobile was in fact illegal narcotics.
Glenn Swiatek only practices criminal defense. He has never been a prosecutor and has always fought to protect his client’s rights. He has the reputation of never giving up on a case. Glenn Swiatek has the knowledge and expertise to help you get the best outcome. Call him today at 850-609-0940 for a free evaluation of your case or click this link to send Mr. Swiatek an email for immediate help.