Simple drug possession is an entry-level charge into the criminal justice system addressing controlled substances. The charge that the Sanford Police or Seminole County Sheriff’s Office levies against you can quickly escalate to possession with intent to sell, and in the worst case, trafficking. An innocuous fact, like you have a lot of cash on you and a scale in your kitchen, can prompt the police to escalate the charges.
You can be charged with drug possession, but with a competent drug defense lawyer at your side, it does not mean the prosecutor will win a conviction. The elements of the crime must be proven beyond a reasonable doubt. If you are a first-time offender, you may be eligible for the 18th Judicial Circuit Court’s diversion program. A Sanford drug possession lawyer puts decades of experience to work for you to guide you back to living a purposeful life.
Simple possession involves someone presumed to be holding a controlled substance for their own use. It does not involve selling, manufacturing, or distributing drugs. But, it is the foundational charge for possession with intent to sell, which has all the statutory requirements of simple possession with the added element that you intend to sell, which is evidenced by carrying a lot of cash, or you have tools and packaging materials at hand. This is according to Florida Statutes § 893.13, also known as the Florida Comprehensive Drug Abuse Prevention and Control Act.
The prosecutor must prove the material confiscated from you is a controlled substance, which can be an illicit drug such as cocaine, ecstasy, or methamphetamines, or a controlled prescription drug such as oxycodone. The prosecutor usually proves the nature of the substance by having it tested in a crime lab.
The second element of simple possession is that the defendant must know about the presence and illicit nature of the substance. The prosecutor must also prove the defendant controlled the location of the drug, whether it was on their person or hidden in their closet. A Sanford drug possession attorney works to refute the prosecutor’s assertions and plants doubt in jurors’ minds.
If police find you in possession of up to: 28 grams of cocaine, 10 grams of ecstasy, one gram of LSD or four grams of heroin, you will be charged with a third-degree felony, punishable by up to five years in prison.
If found with more than: 28 grams of cocaine, 10 grams of ecstasy, one gram of LSD, or more than four grams of heroin, the charge ratchets up to a first-degree felony punishable by up to 30 years in prison and up to $250,000 in fines.
The Circuit Court participates in the Adult Drug Court diversion program, available to Seminole County residents 18 years and older, who have a substance abuse problem and are not violent offenders. If you are eligible for Drug Court after an arrest, a Sanford drug possession attorney will enter a plea at sentencing, which is deferred until you complete the program, which lasts for between 12 and 18 months and is monitored by the Department of Corrections. This is one way our attorneys can help you. If you are not eligible, we will work with the prosecutor on a plea bargain, fight to have charges dismissed, or tenaciously defend you before a jury.
If your case goes to trial, we will present a credible defense that could sway the jury from believing guilt beyond a reasonable doubt. Some defenses include:
Other defenses may apply and should be tailored to the person’s situation. Contact a Sanford drug possession attorney to discuss how we could mitigate and defend your position.
Florida has crusaded for decades in a war on drugs. Sanford has battled the problem aggressively since the early 1990s, conducting stings and raids regularly. You can become part of one just by being in the wrong place at the wrong time. It does not take much to be ensnared in the criminal justice system, and it takes knowledge, determination, and grit to get out of it.
That is why the first call you make after an arrest is to our law firm. We are skilled criminal defense negotiators and litigators, familiar with the 18th Circuit and its prosecutors and judges. We understand what they are looking for before you are sentenced or exonerated. Let a Sanford drug possession lawyer protect your freedom rights now.
The Umansky Law Firm Criminal Defense & Injury Attorneys
