Drug Attorney Patrick Barbary

COMMONLY ASKED QUESTIONS AND ANSWERS

TYPE OF CASES MY FIRM HANDLES:

I handle many types of criminal cases including Drinking and Driving (DWI / DUI, Drug Crimes, and Traffic Offenses.

YOU SHOULD HIRE ME IF:

You want an experienced trial attorney who will personally handle your file. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.

IF YOU WANT TO TELL MY LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:

I will  personally communicate with you. If I am in Court when you call, you can leave a message with my receptionist. I personally guarantee you will hear back from me in 24-hours or less. My office phone is (321) 951-3400

MY CLIENTS WILL TELL YOU THAT:

My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition, my personal and regular contact with clients, availability and involvement with every aspect of the case allows me to obtain the most favorable results.

MY PHILOSOPHY ON HOW I APPROACH  EACH CASES IS:

Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.

IF YOU WANT TO LEARN MORE ABOUT MY FIRM YOU SHOULD:

Call for a consultation at (321) 951-3400, during which I can answer all of your questions.

Drug Crimes

Melbourne, Florida and the federal government have laws against unlawful use, possession, distribution or production of certain drugs. These include cocaine, heroin, marijuana and amphetamines. The laws aim to reduce illegal drug use and cut down on drug-related crimes.

There are five categories, or "schedules," of drugs based on their potential for dependency and abuse as compared with their therapeutic value. Schedule I controlled substances have the highest potential for dependency and no accepted medical use. Schedule V drugs have a low potential for dependency and accepted medical uses.

The most severe penalties for illegal possession, sale or manufacture of drugs involve those listed in Schedule I. The Attorney General has the authority to delete, add or reschedule drugs. State schedules refer to or are based on federal schedules.

Punishment

The punishment for drug crimes in Melbourne, Florida generally depends on:

  • The quantity of the drug
  • Its classification under the schedules
  • The purpose of possession

The most serious drug crimes are:

  • Producing illegal drugs
  • Manufacturing drugs
  • Selling drugs

Possession of drugs with the intent to distribute them is a serious crime. Prosecutors can prove your intent to distribute drugs just by showing the quantity of the drug, without any evidence you actually distributed the drug.

In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. If there's a conviction, the punishment is often probation or a fine, and not prison. However, possessing larger amounts of illegal drugs, even for personal use, may be a serious crime.

Most minimum sentences range from one year in jail to three years in prison for first-time offenders. The minimum sentences for repeat offenders? Three to 12 years in prison.

Enhanced Punishment

Some states have enhanced penalties for drug crimes. These apply if:

  • Minors are used to distribute the drugs
  • The drugs are delivered or sold to minors
  • The drugs are sold or distributed near schools

Enhanced punishments vary by state. You may also be in danger of "forfeiting" your property if you're convicted of a drug crime. For example, if your house is used to make and distribute drugs, the government may be able to seize it.

Professional Drug Dealers

Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing or managing a business to manufacture, transport or sell drugs, commits a serious crime.

There are special sentences for professional drug dealers. Federal law even has the death penalty for drug kingpins. Some states impose 25 years in prison without parole for professional drug dealers.


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Website: www.legalproblem.com

www.criminallawyerpalmbay.com


Patrick Barbary

Melbourne DUI Lawyer


730 E. Strawbridge Ave.
Melbourne, FL 32901
Phone: 321.951.3400


Patrick Barbary has lived in Florida for more than two decades. Before becoming an attorney, Patrick was a successful businessman for more than ten years. He is also a licensed FAA commercial pilot. Patrick graduated summa cum laude from Rollins College, then went on to earn his Juris Doctorate from the fine Stetson University College of Law located in St. Petersburg, Florida.

After graduating, Patrick worked for almost three years as a State prosecutor for the State Attorney's office of the Eighteenth Judicial Circuit. Patrick has also taught business law, as an associate professor at Rollins College.

In October 1995, Patrick opened his own Law Firm. Patrick specializes in Criminal Law and Family Law, and handles Personal Injury cases with his long time friend and new partner Clay Morgan. Patrick tries very hard to provide affordable legal services, and has successfully defended countless clients who thought they could not afford "private" legal representation. Often, Patrick will personally answer his phone, and will try to help you. Good or bad, Patrick will always give you the facts the way they are; no dramatization, no prevarication.

The new millennium was the start of a new partnership between Patrick and Clay. "Morgan and Barbary, P.A." was created to provide all our respective clients with a firm that can satisfy all their legal needs. Clay and I are very proud of this new association. We have decided to concentrate in providing personalized service to our clients and friends rather than having multiple offices, and poor personal contact with our clients.

Areas of Practice:

  • DUI
  • Criminal Law
  • Personal Injury
  • Litigation Percentage:
  • 80% of Practice Devoted to Litigation
  • Certification/Specialties:
  • FAA Commercial Pilot

Bar Admissions:

  • Florida, 1994
  • U.S. District Court Middle District of Florida, 1995

Education:

Stetson University College of Law, St. Petersburg, Florida
Juris Doctorate

Rollins College
Honors: Summa Cum Laude

Classes/Seminars Taught:
Business Law, Rollins College, January 6, 1999 - September 9, 1999

Past Employment Positions:

State's Attorney Office of the 18th Judicial Circuit, State Prosecutor, January 11, 1993 - September 15, 1995

Languages:

French