Hard drugs have infiltrated Central Florida, as the Metropolitan Bureau of Investigation and the Orange County Sheriff’s Office knows all too well. If you are on the wrong side of the law, you have an uphill battle to prove your innocence.
But a conviction is far from automatic. With a credible defense and an ardent advocate, you could face reduced or dismissed charges, and possibly avoid prison time if circumstances in your favor come to light. That’s the job of a seasoned drug defense attorney. Your constitutional rights include the right to be represented by counsel and to present a defense that refutes the prosecutor’s charges. The prosecutor has a high bar to clear by proving criminal guilt beyond a reasonable doubt. A Belle Isle drug possession lawyer seizes that doubt and explains it to the jury.
Florida uses the term “controlled substance” when talking about drug possession. Controlled substances can be drugs that are illicit and widely abused, or prescription medication. The severity of the charges you incur are often related to the schedule of the controlled substance, which are numbered one through five. If you are arrested, you need immediate assistance from a Belle Isle drug possession attorney.
Schedule I drugs are the most dangerous, with the highest potential for abuse and addiction and no accepted medical use. Heroin and Ecstasy are Schedule I drugs. Schedule II drugs, including cocaine, fentanyl, crack cocaine, methamphetamine, and hydrocodone, are also highly addictive but do have some limited medical uses.
Schedule III drugs that include ketamine, codeine and anabolic steroids, have some value medically, but can lead to addiction and physical damage. Schedule IV drugs are not as addictive as other drugs and are medically beneficial, although they are known to be abused. These include Roofinol, Ambien, and Tramadol, an opioid pain drug. Schedule V drugs are not generally abused and included Pregabalin.
Florida Statutes § 893.13 is known as the Florida Comprehensive Drug Abuse Prevention and Control Act. The state defines drug possession charges and penalties that can be levied in this act. These charges usually are:
Be aware that if you are stopped within 1,000 feet of a school or a park (like Warren Park), community center, daycare, or any place children might gather, and you are carrying a lot of drugs, you can be charged with possession with intent to sell, even if you had no intention of selling.
If the state charges you for possessing dangerous illicit drugs, it is likely a third-degree felony with punishment of up to five years in prison and a fine of up to a $5,000. Second-degree felonies are punishable by a prison term up to 15 years and fines up to $1,000. First-degree felonies carry prison terms up to 30 years and fines up to $10,000. Because you lose your freedom for drug crimes, it’s imperative that a Belle Isle drug possession attorney advocates for you.
Our criminal attorneys are not shy about making a Fourth Amendment challenge when police illegally seize evidence or conduct an unconstitutional search. You are also shielded from unlawful interrogations.
If you are arrested, you will be charged with actual or constructive possession of a controlled substance. If the charge is constructive possession, you don’t physically have the drugs on you, but the charge assumes they are nearby. Our attorneys raise every possible doubt when constructive possession is the issue.
We also question and test whether the drug you are accused of possessing is that drug, or if you had a valid prescription for the Percocet that Orlando police charged you with possessing. We vigorously pursue all defenses, from mistaken identity to entrapment.
Florida has been actively battling opioid and fentanyl crises for years. The law has widened the net to aggressively stop the possession and distribution of all illicit drugs and prescription drugs that are not prescribed to the person arrested. In doing so, you can easily be caught up in stings and nets that have nothing to do with you or are conducted in violation of your rights.
We tenaciously defend our clients and fight for the best outcome to avoid an uncertain future. Prosecutors must prove guilt beyond a reasonable doubt, and we are experienced at raising doubts. A Belle Isle drug possession lawyer believes in second chances.
The Umansky Law Firm Criminal Defense & Injury Attorneys
