I was charged with a Florida drug crime - But what if the drugs weren't mine?: Drug Lawyer Explains

drug possession charges are possible in Florida even if the drugs are not yoursFlorida drug laws, unfortunately, don’t care whether or not the drugs you were found in possession of were yours or not - you can still be charged with drug possession in Florida.

The state doesn’t have to prove that the drugs belonged to you in order to charge you with a drug crime in Florida


You can be charged with drug possession in Florida as long as you knew about the controlled substance and had the ability to have control over the drugs.  


Under Florida law, a person is prohibited from being in actual or constructive possession of a controlled substance unless the substance was lawfully and legally obtained from a practitioner who provided a valid prescription in good faith of their professional practice.


An Example of a Case with a Client Charged with Drug Possession - The Client had no idea about the drugs, and they weren’t his 


Rossen Law Firm had a case once where a girlfriend left drugs in her boyfriend's backpack. She left them in his car by accident when he dropped his girlfriend off at home.


Our client had no idea about the drugs in his backpack. He happened to get pulled over on his way home. When police asked to search his car, he said yes since he didn’t have anything to hide (By the way - police need a warrant to search your car, unless you give them permission. You always have the right to say no to a police search of your car).


While searching his things, the police found the girlfriend’s drugs in his backpack. 


Again, our client had no idea that the drugs were in his backpack. Luckily, he hired us and we were able to get the charges dropped - but the point still stands that it’s possible to get a drug possession charge in Florida for possessing drugs even when they’re not yours and even when you didn’t know you had them.


Since our client didn't have any knowledge of the drugs, and we were able to get information from the girlfriend and the pharmacy that filled the prescription (since it was a valid prescription), we were able to get the drug possession charges against our client dropped.


Unfortunately, most cases like this - when people are charged with drug possession due to being in possession of drugs that aren't even theirs - don't end as well as that scenario did. 


Whether you know if you’re innocent or not, you will want to hire a criminal defense attorney if you’re facing drug possession charges in Florida. The fact that you’ve been accused of a crime means your rights and your future are at risk and you deserve and need someone to defend your rights and protect your future. 


Learn about specific Florida drug crime sentencing penalties here. 

Free Fort Lauderdale Drug Possession Criminal Defense Strategy Session 

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We provide FREE strategy sessions so you know the maximum effort we plan to put in to win your case. 


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South Florida Drug Possession Crimes: How Rossen Law Firm Wins Cases