What to Do If You Have Been Charged With Drug Possession in Florida

Drugs remain one of the top reasons for arrest in the United States. Drug charges range from simple possession to drug trafficking. In 2018, there were 119,656 reported arrests for drugs/narcotics reported in the state of Florida.

Florida has some of the harshest drug laws in the country, and simple drug possession might result in severe consequences. If you’re charged with drug possession in Florida, it’s vital to know what you’re up against and seek legal help.

In this guide, we’ll tell you everything you need to know about drug possession in Florida and what to do if you’re facing charges, so read on.

What Is Drug Possession?

Drug possession is the crime of intentionally possessing illegal drugs such as marijuana, cocaine, heroin, or methamphetamines. Possession can fall under two categories: actual and constructive.

Actual possession is when the drugs are on your person. Constructive possession is when the drugs are in a common area and it’s likely the individual knew of their presence.

Drug Possession Laws in Florida

In Florida, possessing a controlled substance is a felony unless prescribed by a doctor. This includes prescription drugs if you do not have a valid prescription or were caught driving under the influence.

There are four levels of drug crimes:

• Possessing drug paraphernalia
• Simple possession
• Possession with the intent to sell
• Drug trafficking

These crimes vary based on the number of drugs found in your possession. If higher quantities are found, you’re likely at risk for more severe punishment.

Not All Drugs Are Created Equal

Drug possession laws in Florida classify unlawful drugs by schedules. Schedules are determined by a drug’s medical uses, the potential for abuse, and the likelihood of becoming addicted.

• Schedule One: highly addictive, without medical use, and a high potential for abuse
• Schedule Two: highly addictive, but have some medically accepted uses
• Schedule Three: low to moderate chance of abuse, can be obtained by a prescription
• Schedule Four: drugs for medicinal purposes, minimal chance of abuse
• Schedule Five: low-risk, nonaddictive medicinal drugs

If you’re facing a drug possession charge of a schedule one drug—like heroin, LSD, or ecstasy—there will be greater penalties and more jail time.

Consequences of Drug Possession

When charged with drug possession in Florida, you’ll pay a hefty fine and serve time. The amount of time and whether you spend it in county jail or prison depends. This decision is made based on the schedule of drugs and the amount in your possession.

Small amounts of marijuana can land you in county jail for up to a year with a $1000 fine. Simple possession is a third-degree felony with up to five years in prison and a $5000 fine.

Second and first-degree felonies apply to anyone with the intent to sell or traffic high-level drugs. These felony charges include 15 to 30 years in prison and fines up to $10,000.

What Happens if You’re Arrested For Possession?

If you’re arrested for possession, you mustn’t panic. Stay calm and think about the next steps before reacting to a difficult situation.

Keep Quiet

Don’t respond to questions or admit guilt at the time of your arrest. You have the right to remain silent, so don’t feel pressured to speak until after you’ve talked with a lawyer.

Call a Defense Lawyer

Once you reach the jail, the first thing you need to do is contact a defense lawyer. A defense lawyer will guide you through the entire process and help you build a solid case to receive a lighter sentence.

Choosing the Right Lawyer

Choosing the right lawyer can have a major impact on the outcome of your case. In Florida, drug possession is prosecuted harshly, but a good criminal defense lawyer has the know-how to navigate these difficult waters.

While you have the right to a court-appointed lawyer, they may not always be the best for the job, as they are usually overworked and spread thin. Consider hiring a criminal defense attorney with experience working with drug possession cases.

Should your case go to trial, you want an attorney with the skill to build a strong defense to help you achieve a lesser sentence. Consider calling Hanlon Law to get an experienced attorney on your case.

What’s Your Defense?

Drug possession is a crime with serious consequences that calls for a tough defense. A dedicated defense attorney has several angles they can take to express your innocence.

Illegal Search and Seizure

The Fourth Amendment protects citizens from unlawful searches by law enforcement officers. Without probable cause, an officer must obtain a warrant to search an individual’s property.

If the police violated your Fourth Amendment rights, inform your defense lawyer. If they did unlawfully search your vehicle, any evidence they found isn’t admissible in court.

Lack of Possession

To use lack of possession as a defense, you have to show that you weren’t aware of the drugs. You’ll need to prove you weren’t in actual or constructive possession of them and they belonged to another individual with shared access to your property.

Medical Use

Medical marijuana use is becoming more common as laws evolve. If you’re charged with possession of marijuana but can prove you have a prescription, you may be able to have them dismissed.

Lack of Knowledge

The lack of knowledge defense must prove you didn’t know that the items in your possession contained drugs. You would have to prove that you didn’t know it was there and weren’t aware of the illicit nature of the substance.

Consider Alternatives to Court

Sometimes the best option in your case is to consider alternatives that allow you to avoid spending time in court. If you have a misdemeanor or third-degree felony charge with a limited criminal history, a Pretrial Intervention Program can help you avoid conviction.

Once you complete the program requirements, the court drops the charges against you.

In Trouble? Call Hanlon Law

Drug possession charges in Florida often result in harsh punishments. If you’re facing charges for possessing an illegal substance, it’s advised to contact a criminal defense attorney as soon as possible to take on your case.

For an experienced and trusted Clearwater criminal defense attorney, consider hiring William Hanlon of Hanlon Law for your legal representation.

Set up a meeting today to learn your rights and explore your legal options.