Florida has adopted a hierarchy of illicit drugs, called controlled substances, that are scheduled from one to five, depending on how addictive they are and if they have any medical benefits. If you are caught with any of them in your possession, you will most likely be charged with a felony, which leads to jail or prison time, fines, and probation.
The process is not automatic. You have the right to present a defense and the prosecutor must prove a criminal act beyond a reasonable doubt. An Avalon Park drug possession lawyer could restore the hope you may have lost when you were arrested by delivering a credible defense for you. Get the help you need from a tenacious drug defense attorney now.
Criminal drug possession charges stem from the Florida Comprehensive Drug Abuse Prevention and Control Act, codified under Florida Statutes § 893.13. Most drug crimes that the state charges are:
Although marijuana is legal by prescription, it is still illegal in Florida for recreational use. If enough marijuana is found, a suspect can be charged with a first- or second-degree misdemeanor that could lead to jailtime and a fine.
For dangerous illicit drugs, the state can charge a third-degree felony with punishment up to five years in prison and up to a $5,000 fine. Second degree felonies carry up to a 15-year prison term with fines up to $1,000. First-degree felonies are punishable by up to 30 years in prison and up to a $10,000 fine. Because of the severe punishments for drug crimes, an Avalon Park drug possession lawyer should advocate aggressively for you.
Schedule I drugs have the highest potential for abuse and have no accepted medical use according to the government. These drugs include heroin and Ecstasy, among others.
Schedule II drugs are highly addictive and have extremely restricted medical uses, such as cocaine, crack cocaine, fentanyl, methamphetamine, and hydrocodone.
Schedule III drugs have accepted medical uses but can lead to mild addiction and physical damage if abused. These drugs include codeine, ketamine, and anabolic steroids.
Schedule IV drugs have only a small potential for abuse and offer medically acceptable treatment benefits, with examples being Ambien, Roofinol, and opioid pain medications such as Tramadol.
Schedule V drugs have a low potential for abuse and include Pregabalin and Pyrovalerone.
Law enforcement officers are fallible. Criminal defense attorneys know to make a Fourth Amendment challenge when police illegally seize evidence or conduct an unconstitutional search to find drugs in a suspect’s possession. Suspects are also protected from unlawful interrogations. Lawyers will not hesitate to challenge overzealous officers who stomp on a defendant’s rights.
The police charge suspects with actual or constructive possession of drugs. If the charge is constructive possession, the suspect does not physically have the drugs on their person, but it assumes the suspect controls drugs somewhere in the area. A drug possession attorney in Avalon Park could raise every possible concern about constructive possession to insert doubt about the defendant’s guilt.
Attorneys may also question whether the substance confiscated by police is actually the drug they claim it to be. In addition, suspects are sometimes victims of mistaken identity, which is an avenue that a lawyer could investigate further.
Florida actively pursues drug crimes in response to opioid and fentanyl crises that have dominated the news cycles for years. Sometimes, overzealous law enforcement officers and prosecutors cut corners to get a conviction. Even if you did possess drugs, you deserve the best defense and a fair proceeding.
The Umansky Law Firm will aggressively defend you and push for leniency or a complete vindication. The prosecutor must prove your guilt beyond a reasonable doubt, which is a high bar to clear. An Avalon Park drug possession lawyer fights for your second chance. Reach out to us for more details.
The Umansky Law Firm Criminal Defense & Injury Attorneys
