Despite actions taken at the state level to legalize the possession of marijuana for medical purposes, many laws that prohibit the possession or sale of drugs are still harsh. Merely having a small amount of any type of controlled substance in one’s possession may result in a felony-level charge. Convictions could result in lengthy prison sentences and the payment of heavy fines.
A Dr. Phillips drug lawyer could help you to fight back against these serious allegations. Whether your case involves the alleged distribution of illegal drugs or the mere possession of this contraband, it is critical that you seek out every advantage. Our reliable criminal defense attorneys are prepared to listen to your side of the story, evaluate the strength of the prosecutor’s case, and fight to preserve your freedom every step of the way.
At the most basic level, it is against the law to possess any amount of banned substances. Florida Statute § 893.13 is the state’s law concerning the illegal possession and distribution of certain drugs. It states that it is illegal to possess any substance listed on Florida’s list of scheduled substances. These substances include such drugs as:
The seriousness of a drug possession charge depends both on the type of substance involved and the amount at issue. The least serious examples are misdemeanors, where convictions cannot bring more than one year in jail. However, allegations that a person possessed narcotic drugs with the intent to distribute them are considered felonies. The harshest examples are felonies of the first degree, where convictions can bring up to 30 years. A Dr. Phillips drug attorney is ready to provide more information about the state’s complex drug possession and distribution laws.
Every drug case requires a prosecutor to prove certain concepts in court. At their core, these charges involve the alleged possession of illegal substances. As a result, a common defense tactic is to dispute whether a defendant ever possessed the items in question. A drug lawyer in Dr. Phillips could contest this idea at trial and may be able to show that a defendant was simply in the wrong place at the wrong time.
Other defense cases rely on the strategy of contesting whether the police methods that led to an arrest were legal. Every person has an expectation of privacy, and police can only intrude on this privacy if they have proper cause. Police asking for a search warrant must be able to prove to a judge that there is probable cause to suspect a crime. Similarly, police can only search the body of a suspect if there is probable cause or if they have already made an arrest for another alleged crime. Disputing these searches can result in a court throwing out evidence that cripples a prosecutor’s case.
Among the most common cases that take place before a Dr. Phillips criminal court are those that involve illegal drugs. Despite how common they are, this is a serious situation that warrants careful legal planning.
Speaking with a Dr. Phillips drug lawyer is the first step towards you avoiding those penalties. The Umansky Law Firm is ready to fight to protect your rights from day one, attempting to defeat the prosecutor’s case at every turn and to preserve your freedom. Reach out to us now to get started.