Possession of a Controlled Substance Defense Attorney to Fight your South Florida Charge

possession of a controlled substance in Florida is serious, Fort Lauderdale criminal defense attorneys can help at Rossen law FirmAre you facing new criminal charges for the crime of possession of a controlled substance (drug possession)? Are you afraid of what this may mean for your future? Rossen Law Firm is here to assist you with any questions you may have regarding your charge and we're ready to fight for your future.

 

What is a Possession of a Controlled Substance Crime? 

A controlled substance is a prescription medication, illegal drug, or any other banned substance that has the potential to be illegally used. The most common controlled substances that people are often charged with illegal or criminal possession include:

  • Possession of Oxycodone (also known as Percocet)
  • Possession of Hydrocodone (also known as Vicodin)
  • Possession of  Xanax
  • Possession of Valium
  • Possession of MDMA (also known as Molly or Ecstasy)
  • Possession of Synthetic Drugs (synthetic marijuana, bath salts, spice, etc.)

Criminal possession of a controlled substance occurs whenever a person possesses a drug or other controlled substance, without legal approval or permission. 

 

CONSEQUENCES OF POSSESSION OF A CONTROLLED SUBSTANCE IN FLORIDA

The consequences of drug possession varies a great deal depending on the drug you are found in possession of and how much of the drug you possess. The state of Florida penalizes possession, manufacturing and trafficking of controlled substances very harshly. Florida has serious penalties for even the most low-level drug possession offender.

If you are in possession of fewer than 3 grams of synthetic drugs, the crime of possession of synthetic drugs 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

The crime of possession of hydrocodone is a third-degree felony in Florida and punishable by up to five years in prison and a $5,000 fine. Possession of 14 grams or more of hydrocodone is charged as Trafficking in Hydrocodone.

Find the legal definition of drug trafficking on our drug crime page.

 

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.

 

Actual Possession:

  • 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:

  • 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. 
 

POSSESSION OF A CONTROLLED SUBSTANCE CRIMINAL DEFENSE ATTORNEY IN SOUTH FLORIDA

If you’re facing a new charge for possession of a controlled substance  - you’ve come across one of the most compassionate and hard-working law firms in South Florida. Rossen Law Firm has extensive experience providing a compassionate and expert defense to charges such as possession of a controlled substance.

 

We believe individuals who are charged with drug crimes - such as possession of a controlled substance - are not criminals. In fact, we don't use the word "criminal" in our practice. After all, we believe that bad things can happen to good people. 

 

Give our office a call if you’re facing charges for possession of a controlled substance. We will make things right for you. One hiccup in your life shouldn’t have the control to ruin your life - and we’ll fight until the end to make sure it does not. 

 

Possession of a Controlled Substance Defenses 

  • Illegal Search and Seizure: This defense can be used if law enforcement officers use their power incorrectly and illegally require individuals to submit to a vehicle, home, or body search.  Rossen Law firm can prove they illegally searched you 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 of a controlled substance, 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. This defense is used in instances where you picked up your car from a friend’s house that you allowed them to borrow and they had dropped a controlled substance in your car. If the police searched it and found the controlled substance in the car, Rossen Law Firm could argue that you had a lack of knowledge of the controlled substance.
  • Prescription: If you have a valid prescription and have been charged with possession of a controlled substance because you were unable to provide proof at the time of arrest you can provide your attorney with a prescription that was issued prior to your arrest and the charges will be dismissed. 

Free Possession of a Controlled Substance Criminal Defense Strategy Session 

If you have been charged with possession of a controlled substance you have come to the right place. We are determined to get you the best results achievable and help you get back to your normal life as soon as possible. 

 

We offer our potential clients FREE strategy sessions so you know how we’ll work together to get the best possible result for your case. We are looking forward to welcoming you to the Rossen Law Firm family. 

 

Give us a call today:

HOW WE WIN FLORIDA POSSESSION OF A CONTROLLED SUBSTANCE CASES