Drug possession in Florida involves numerous serious offenses that can lead to lengthy periods of incarceration and considerable financial penalties. Any criminal conviction will not only have serious repercussions for your personal freedom, but can limit employment, business, educational, and housing opportunities long after any sentence is served.
A Dr. Phillips drug possession lawyer has a deep knowledge of the legal system and can help you understand the charges as well as potential penalties you face. A top drug defense attorney can construct a strong case to advocate on your behalf in court or work to negotiate a plea deal with the prosecutor’s office if that is in your best interest.
Drug possession charges can be leveled against someone for either actual or construction possession of a controlled substance. Actual possession refers to having the illegal substance on your physical person. On the other hand, constructive possession involves a scenario where you possessed the illicit substance but it was not on your person.
Charges for drug possession can range from a misdemeanor on the low end to grave felony charges carrying mandatory minimum prison terms. Numerous factors can impact the severity of a drug possession charge. These include any prior criminal history, where the crime was allegedly committed, and whether the alleged offense occurred alongside another crime, such as possession with intent to sell or drug manufacturing.
The amount, as well as the type, of drugs involved are two of the most important factors that will determine the severity of a drug charge. In the state of Florida, controlled dangerous substances are classified into five categories, with Schedule I drugs being substances with the highest potential for abuse and no medical use, such as LSD and heroin.
It may surprise some to learn that although marijuana is allowed for medical use in Florida, the drug is still classified as a Schedule I substance under state law. Despite this classification, marijuana possession can lead to a misdemeanor charge, but only if the amount in question is less than 20 grams.
Schedule V drugs are those which have the lowest potential for abuse and an accepted medical use, such as cough medicine containing codeine. Drugs like cocaine and opium are Schedule II substances, having a high potential for abuse and very limited medical use.
Do not wait to contact a Dr. Phillips attorney if you or a loved one has been charged with drug possession. Time is of the essence to build an effective defense. An attorney evaluates all possible courses of action and advise what steps can be taken to mitigate any potential criminal outcome.
Drug possession crimes can range from misdemeanor possession to first-degree felony possession. For example, possessing 20 grams or less of marijuana is a first-degree misdemeanor, punishable by 12 months in prison plus possible fines of up to $1,000.
Possession of some Schedule I – Schedule IV drugs can lead to a third-degree felony possession charge. While a third-degree felony carries the lowest penalties of all felonies, a conviction could still result in fines of up to $5,000 plus up to five years in jail.
Possession of certain Schedule I drugs in quantities of more than 10 grams is a first-degree felony. A conviction would result in up to 30 years in jail, plus fines.
A Dr. Phillips lawyer can identify the most potent defenses against a drug possession charge. These include factual as well as procedural defenses. For example, if the drugs belong to someone else or you had a valid prescription for the substance in question, these facts can undercut the prosecution’s case. Likewise, issues with the chain of custody for the substance, police misconduct, illegal search and seizure, or prosecutorial conduct can be woven into an effective defense strategy.
A Dr. Phillips drug possession lawyer can advise you of your legal rights and ensure that these are fully protected throughout the legal process. An attorney can step in from the earliest stages of a case, even before formal charges are filed.
You should avoid communicating with police or prosecutors without an attorney present. If you or a loved one have already been charged with drug possession, your next call should be to a criminal defense lawyer who can immediately get to work pursuing the best possible outcome for the case.
We can conduct an independent investigation into the matter by gathering evidence, speaking with witnesses, and carefully developing a strategy to counter the prosecution’s claims. Contact us today to receive your confidential legal consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
