Drug Possession Defense Attorney: Call 813-532-5057
Throughout the state of Florida, dozens of people are arrested daily for possession of drugs. Even the simple possession of small amounts of marijuana or cocaine can have severe and life altering penalties. While a majority of drug possession arrests involve marijuana and cocaine, individuals are also arrested for possession of several other types of substances including heroin, M.D.M.A., L.S.D., and methamphetamines. Individuals are also arrested for possession of common prescription drugs like Xanax, Oxycodone, and Vicodin—when it is alleged that they did not have a prescription. Typically, the possession of illegal or controlled substances is a felony, with the exception of less than 20 grams of marijuana—which is a misdemeanor. See the chart below to find out the corresponding penalty for possession of different controlled substances.
When arrested and charged with any drug possession crime (including possession of paraphernalia) a skilled criminal defense lawyer can put the odds in your favor, and help you fight your case. In any drug case, there may be important and effective defenses that can be asserted. Because of the nature of the interaction between a suspected drug possessor and law enforcement officers, a motion to suppress evidence is sometimes a viable defense. A motion to suppress evidence illegally obtained is essentially a legal challenge to the basis for the seizure and/or confiscation of the contraband. When a defendant files a motion to suppress evidence, he is essentially asserting that his or her constitutional rights were violated as a result of the way the police initiated the arrest and/or seizure. If the defense attorney is successful in persuading the judge that a constitutional violation occurred, the judge will enter an order suppressing and excluding all evidence that resulted from the search or seizure. This usually results in the dismissal of your case.
In order to secure a conviction for simple possession of unlawful substances, the State of Florida (through the prosecutor) must prove that the suspect either actually or constructively possessed an illegal substance, and that the individual knew that the substance was illegal. Actual possession means that the person physically possessed the illegal substance. Typically, this occurs when an individual is carrying an illegal substance in their hand or pocket. On the other hand, constructive possession means that the unlawful substance is not found on the person, but is in such close proximity that it is considered to be under the control or dominion of the individual. Of course, this doesn’t mean that one is guilty of constructive possession simply because they are found near an unlawful substance; there has to be evidence that demonstrates dominion and control.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.