We realize facing drug possession charges can be extremely troubling due to the factor of not knowing what will happen in your near future, but Rossen Law Firm is here to guide you through this unknown territory. Get in touch with a South Florida drug lawyer to learn more about what we can do for you. Our expert drug attorneys are ready to get to work defending your rights and protecting your future.
What is a Drug Possession Crime?
Drug possession is a crime of having one or more illegal drugs in your possession, either for your own personal use, distribution, sale, or for others.
Listed below are some of the most common controlled substances that are often charged with possession:
- Possession of Marijuana
- Possession of Heroin
- Possession of Cocaine
- Possession of LSD
- Possession of Ecstasy (MDMA)
- Possession of Meth
Florida law defines possession of a controlled substance as the ability to exercise the right of ownership, management, or control over the contraband or goods that have been illegally imported/exported. A Fort Lauderdale drug possession attorney can explain these charges in more detail.
CONSEQUENCES OF DRUG POSSESSION IN SOUTH FLORIDA
As an attorney can explain, the consequences of drug possession in Fort Lauderdale vary a great deal depending on the drug you are found in possession of and how much you are in possession of. Penalties for marijuana are usually more lenient, especially if the defendant has no prior criminal history. Consequences for drugs, such as cocaine and heroin, that have no medical necessity or are highly restricted are typically penalized harsher due to the high risk of abuse.
If you are in possession of less than 20 grams of marijuana, the crime of possession of marijuana is a first-degree misdemeanor. A first-degree misdemeanor carries consequences of up to 1 year in jail and fines of up to $1,000.
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.
- Many people associate possession as the definition of actual possession when actually there are different types of having ownership over something.
- Actual possession is defined as having physical and direct contact or control of an object.
- Examples of actual possession include having a controlled substance in your hand or in your pocket.
- Constructive possession is a lot more complicated because certain elements need to be proven prior to finding a defendant guilty of constructive possession.
- Constructive possession is defined as a defendant’s knowledge of the controlled substance and their ability to secure control over the item despite not being in close proximity.
- Examples of constructive possession include storing a controlled substance in the trunk of your car or packaged narcotics in your bedside drawer.
CONTACT A DRUG POSSESSION CRIMINAL DEFENSE ATTORNEY IN FORT LAUDERDALE
If you’re facing a drug possession charge- you’ve come to the right place. The South Florida drug possession lawyers at Rossen Law Firm has extensive experience providing an aggressive and expert defense to all types of drug charges.
Give our office a call if you’re facing drug possession charges. We’ll listen to your story, discuss the best course of action for you, and answer any questions you may have. One simple drug possession charge shouldn’t have the power to ruin your life – and we’ll fight to make sure it doesn’t.
Drug Possession Defenses
- Illegal Search and Seizure: This defense can be used if law enforcement officers use their power incorrectly and illegally require individuals to require people to submit to a vehicle, home, or body search. Rossen law frim can prove that they illegally searched your property and once we file what is called a “motion to suppress” to the clerk, the courts will suppress the evidence as having been illegally collected.
- Lack of Knowledge: In order for an individual to be charged with the crime of possession, the State must prove that the accused had knowledge of the possession. Without that proof, the defense of lack of knowledge can be used and serve as a complete defense to the crime of possession.
- Prescription: If you have a medical card or valid prescription and have been charged with a drug possession charge because you were unable to provide proof at the time of arrest you can prove your attorney with a valid medical identification card or written prescription that was issued prior to your arrest and the charges will be dismissed.
Free Fort Lauderdale Drug Possession Criminal Defense Strategy Session
We are strong believers in hard work and effort. We know results do not come easy and you have to work for what you want. We have mastered the ability to provide our customers with great results because of the maximum effort we put into everything we do and do not do things with half effort around here!
We provide FREE strategy sessions so you know the maximum effort we plan to put in to win your case.