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Drug1400 Sale of Cocaine
Video: Understanding Florida Sale of Cocaine Charges
Summary of YouTube Video
Watching an attorney explain how Florida drug prosecutions work can help you better understand the criminal process. Every criminal case is unique, and the facts, evidence, and applicable law determine the best defense strategy. This video provides general educational information and should not be considered legal advice for any specific case.
Tampa Sale of Cocaine Lawyer – DRUG1400 Defense Attorney
Charged with Sale of Cocaine in Tampa? Speak with a Board Certified Criminal Trial Lawyer Today.
Being arrested for DRUG1400 Sale of Cocaine is a serious matter that can place your freedom, career, and future at risk. Drug sale allegations often arise from undercover operations, confidential informants, controlled buys, surveillance, or traffic stops, and the prosecution must still prove every element of the offense beyond a reasonable doubt. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending individuals charged with serious felony drug crimes throughout Tampa and Hillsborough County. Call (813) 222-2220 today for a confidential consultation.
Why Should I Hire W.F. “Casey” Ebsary Jr.?
Choosing the right attorney can make an important difference when you are facing felony drug charges. Casey Ebsary is a former Florida prosecutor who understands how law enforcement investigates narcotics cases and how prosecutors prepare cases for trial. As a Board Certified Criminal Trial Lawyer, he has extensive courtroom experience handling complex felony cases and works to identify weaknesses in the State’s evidence while protecting his clients’ constitutional rights.
Learn more about attorney Casey Ebsary:
What Is the Florida Crime of Sale of Cocaine?
Florida law prohibits the unauthorized sale, manufacture, delivery, or possession with intent to sell certain controlled substances, including cocaine. Sale of cocaine is commonly prosecuted as a felony offense under Chapter 893 of the Florida Statutes. Whether the State can obtain a conviction depends upon the specific facts, admissible evidence, and whether prosecutors can prove every required legal element beyond a reasonable doubt.
Florida Statute §893.13 (Justia):
https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13
DRUG1400 Quick Reference
| Item | Information |
|---|---|
| Charge | Sale of Cocaine |
| Form Code | DRUG1400 |
| Alleged Statute | Florida Statute §893.13(1)(a) |
| Degree | Second Degree Felony |
What Must Prosecutors Prove?
The prosecution bears the burden of proving every required element of the charged offense beyond a reasonable doubt. Depending upon the allegations, the State may be required to prove that the defendant knowingly sold, delivered, manufactured, or possessed with intent to sell a controlled substance identified by Florida law. Evidence presented during the case must satisfy the applicable jury instructions and the rules governing criminal trials.
Florida Standard Criminal Jury Instructions are published by the Florida Supreme Court.
https://www.floridasupremecourt.org
Does the State Need Physical Evidence?
Physical evidence is frequently important in drug prosecutions, but every criminal case depends upon its own facts. Prosecutors may rely upon laboratory testing, witness testimony, surveillance, recorded communications, or other evidence permitted under the rules of evidence. A defense attorney carefully reviews whether the evidence was lawfully obtained, accurately preserved, and legally admissible before trial.
What Happens During a Drug Sale Investigation?
Drug sale investigations often involve undercover officers, confidential informants, surveillance operations, controlled purchases, or search warrants. Law enforcement agencies may also rely on digital evidence, text messages, recorded telephone calls, or financial records depending on the allegations. The investigative methods used in a case can become an important issue when evaluating possible legal defenses and constitutional challenges.
Can Intent Be Challenged?
Yes. In some prosecutions, the State alleges possession with intent to sell rather than an actual completed sale. Whether prosecutors can establish intent depends upon the admissible evidence, and the circumstances of each case may be closely examined by both the prosecution and the defense. Intent cannot simply be assumed and must be supported by legally sufficient evidence.
Are Search and Seizure Issues Important?
Search and seizure questions frequently arise in felony drug prosecutions. Traffic stops, vehicle searches, residential search warrants, consent searches, and warrantless searches may all become important issues depending upon the facts of the investigation. When constitutional protections are violated, a defense attorney may evaluate whether legal remedies are available under applicable law.
Every criminal case is different, and no attorney can ethically promise a particular outcome. Depending upon the facts, the defense may evaluate whether law enforcement had legal authority for the stop or search, whether evidence was properly collected and tested, whether witnesses are reliable, whether identification is accurate, and whether the prosecution can prove every statutory element beyond a reasonable doubt. The appropriate defense strategy depends entirely upon the evidence in the individual case.
Why Is Local Experience Important?
Drug prosecutions are handled in the local courts where charges are filed, making experience in Hillsborough County valuable. Attorney Casey Ebsary has represented clients throughout the Tampa Bay area for many years and understands the procedures commonly encountered in serious felony cases. Local knowledge, trial experience, and careful preparation can all play an important role when defending criminal charges.
What Happens After an Arrest?
After an arrest, a defendant typically proceeds through several stages of the criminal justice system before the case is resolved. These stages may include first appearance, arraignment, discovery, motion practice, plea negotiations, and, if necessary, trial. Each stage presents important legal decisions that should be made after consulting with an experienced criminal defense attorney.
Florida Drug Case Timeline
| Stage | Description |
|---|---|
| Arrest | Criminal charges initiated |
| First Appearance | Bond reviewed |
| Arraignment | Plea entered |
| Discovery | Evidence exchanged |
| Motions | Legal issues addressed |
| Negotiations | Possible plea discussions |
| Trial | Jury or judge determines outcome |
Frequently Asked Questions
Is sale of cocaine the same as trafficking?
No. Florida law treats sale offenses and trafficking offenses as separate crimes with different statutory provisions. The exact charge depends upon the allegations made by prosecutors and the facts of the investigation.
Can someone be charged without money changing hands?
The answer depends on the specific allegations and evidence in the case. Florida law contains separate offenses involving sale, delivery, manufacture, and possession with intent to sell. An attorney can explain the particular charge after reviewing the arrest documents and available evidence.
Can undercover officers testify at trial?
Yes. Undercover officers may testify if they are called as witnesses and their testimony is admitted under the applicable rules of evidence. As with any witness, credibility and cross-examination may become important issues during trial.
Should I talk to detectives after my arrest?
Whether speaking with law enforcement is advisable depends upon the circumstances of the investigation. Before answering questions about a pending criminal case, many people choose to consult with an attorney to understand their legal rights and options.
Where can I read the current Florida statute?
The current version of the statute is available through the Florida Legislature and Justia.
Florida Legislature:
Justia:
https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13
Speak With a Tampa Sale of Cocaine Defense Lawyer Today
If you have been charged with DRUG1400 Sale of Cocaine in Tampa or anywhere in Hillsborough County, obtaining experienced legal representation as early as possible is an important step. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has devoted his career to defending individuals accused of serious criminal offenses. Every case deserves a thorough review of the facts, the evidence, and the applicable law before important decisions are made.
Learn more about Casey Ebsary:
Contact the Law Office of W.F. “Casey” Ebsary Jr.:
Call (813) 222-2220 today for a confidential consultation.
Meta Description
Charged with Sale of Cocaine (DRUG1400) in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer W.F. Casey Ebsary Jr. defends serious Florida drug charges. Call (813) 222-2220.
Original Drug1400 Sale of Cocaine Post from 2010
 |
| Cocaine Sale |
If you have been charged with DRUG1400 SALE OF COCAINE you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.
Form Code: DRUG1400
Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: SALE OF COCAINE
DRUG1400 SALE OF COCAINE is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL
893.13 Prohibited acts; penalties.
(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
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