DRUG POSSESSION

According to Florida Statute 893.13(6)(a), you may not be in possession of a controlled substance unless the drug was lawfully obtained through a prescription. Drug possession charges vary dependent upon the type of controlled substance found within your possession. Most possession cases arise from cannabis, cocaine, crystal meth and/or oxycodone/oxycontin. But the possession of many other controlled substances can warrant a possession charge, and the penalties may be severe.

Florida Statute 893.13(6)(b) defines the possession of 20 grams or less of cannabis as a misdemeanor of the 1^st degree. A conviction for the possession of cannabis requires a 1-year mandatory suspension of your driver’s license. You may also face a maximum penalty of:

• Up to 1 year in jail
• Up to 1 year of probation
• A fine up to $1,000

In the case of possession of cannabis, a first-time offender may be granted permission to enter a pre-trial diversion program that could result in dismissal of charges. This resolution is particularly suited for students and young people who want to avoid future issues when applying for higher education or employment.

*Possession of more than 20 grams of cannabis is a 3^rd degree felony, punishable by a $5,000 fine, up to 5 years in prison, and/or up to 5 years of probation.

The Florida Statute defines the possession of less than 28 grams of cocaine as a 3^rd degree felony. Possession of cocaine can be as little as a bag of residue. The maximum penalties for a conviction for the possession of cocaine are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine up to $5,000

The Florida Statute defines the possession of less than 14 grams of crystal meth as a 3^rd degree felony. Possession of crystal meth can be as little as a bag of residue. The maximum penalties for a conviction for the possession of crystal meth are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine up to $5,000

The Florida Statute defines the possession of less than 4 grams of oxycodone/oxycontin as a 3^rd degree felony. Possession of oxycodone/oxycontin can be as little as one (1) pill. The maximum penalties for a conviction for the possession of oxycodone/oxycontin are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine up to $5,000

*For more information of possession charges, including a list of controlled substances, reference Florida Statute 893.03(1), 893.03(2), and 893.03(3).

As an experienced criminal defense attorney, I have an array of potential strategies to argue an effective defense. Your defense will be tailored to the specific facts of your arrest and charges. These potential defenses include:

• Illegal Stop and/or Search – law enforcement must have a constitutional basis for both stopping you in your vehicle or on the street and conducting a search of your person or property. If I find that your stop and search was unconstitutional, anything found during that search becomes inadmissible.
• Invalid Search Warrants – it’s common in cannabis possession cases, especially for cultivation, to include a search warrant. In some cases, a potential mistake made on the warrant results in the search being ruled unconstitutional. I am very experienced at analyzing warrants and identifying defects.
• Type of Drug Possession – dependent upon whether law enforcement finds illegal drugs in your vehicle, on your person, or in your property, there are varying degrees of possession for which the law presumes you have control. In some cases, possession may be difficult to prove. For example, if you are driving another person’s vehicle and law enforcement conducts a search that discovers illegal drugs under your seat, it will be difficult to prove the drugs are yours. They could belong to the driver or a previous passenger.
• Unwitting Drug Possession – someone may have slipped drugs into your backpack, purse, or other property during a traffic stop to avoid being charged with possession themselves. Although you are in possession of the controlled substance, this is an example of an unwitting drug possession.

With a good criminal defense attorney, you may not need to attend your court date. If possible, I will appear in court on your behalf and work diligently to resolve your case—hopefully with a dismissal or an alternative prosecution agreement that may alleviate the need for you to attend court at all.

Call me today at 850-CALL-JOE. I am an experienced and passionate criminal defense attorney who will work hard for you. No case is too small, and your initial consultation is free.