America, and more specifically the State of Florida, is fighting a war on drugs and incarcerating everyone in its path. Evident by the jail population, drug crime convictions is one of the leading causes of incarceration in many of Florida’s jails and prisons. Drug charges range from possession of a controlled substance, distribution of narcotics, sale of marijuana or possession of paraphernalia. A drug charge could be prosecuted as a felony or a misdemeanor depending on the drug, the amount and other circumstances.
Typically, people are arrested for drug crimes after they are stopped for a civil infraction (such as speeding) and subsequent to the stop, the officer searches the car and finds drugs. Depending on where the drugs were found in the car, the case against you might be very weak. One of the most important legal distinctions when charged with a drug crime is the difference between actual possession and constructive possession. Actual possession is when the drugs are found on your person or in the immediate vicinity, i.e., in your pocket, your shoe or the wallet in your back pocket. Constructive possession, on the other hand, is when the drugs are found under your front seat or scattered around your home or vehicle. To prove constructive possession, the State Attorney must prove (1) that you had control over the drugs and (2) had knowledge of the drugs.
Our firm has handled drug charges ranging from misdemeanor possession charges to serious trafficking cases. We have defended clients in Federal Court as well as County Court. We are well versed in the drug laws and closely analyze your particular case to determine whether the State Attorney can prove your guilt. In fact, we typically file a Motion to Suppress in cases involving constructive possession, knowing that the State Attorney will have a difficult time proving their case.
The consequences of a drug conviction are serious and life changing. For example, a conviction of a misdemeanor possession of marijuana charge will automatically impose a 2 year driver’s license suspension. A conviction of a felony drug crime will mean you are a convicted felon and you will lose the right to vote and bear arms and there may be restrictions on your travel. Call our office now so we can fight the drug charges filed against you.
We represent individuals charged with Drug Crimes in Charlotte, Venice, Bradenton, Tampa, Brandon, Plant City, Pinellas, Clearwater, St. Petersburg, Bartow, Alachua, Orange, Polk and Sarasota.
CALL our office today! – 1-888-781-9696.
