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A burglary conviction can carry severe penalties, which is why it’s important to have a skilled defense attorney on your case. At Frost Law, we are committed to defending your rights and as a former prosecutor, Attorney Frost can help you navigate the legal system and achieve the best outcome for your case.
If you’ve been charged with drug possession in the state of Florida, you might be curious about the legal definitions of the offense, as well as the possible punishments and defenses you could pursue. In matters involving the possession of drugs, Frost Law provides legal assistance and representation for all our clients.
In Florida drug possession is defined as the illegal possession of a controlled substance. This means a person knew of the existence of the substance and intentionally exercised control or ownership over that substance. See § 893.13(6), Fla. Stat.
The charge of Possession with the Intent to Distribute occurs when law enforcement has reason to believe that an individual possesses narcotics with the intention of selling or giving them away to others. The difference between simple possession and possession with the purpose of distributing is frequently determined by the quantity of narcotics that were discovered as well as the presence of other evidence, such as scales, little baggies, or cash, that points to the defendant’s motivation to sell the drugs.
In the state of Florida, Drug Trafficking occurs when there is possession of a substantial amount of illegal drugs over a certain weight.
Possession of Drug Paraphernalia can involve a wide variety of objects, such as scales, baggies, bongs, syringes, and more. These tools can be used to use, conceal, or generate illegal narcotics. Even if drugs themselves are not present, just being in possession of any drug paraphernalia can result in criminal prosecution.
In addition to the prohibition against possessing illegal narcotics, the legislation in Florida also makes it illegal to either create or transport such substances. Manufacturing refers to the process of creating illicit substances or the products that are utilized in their manufacturing, whereas distribution often refers to the act of selling illegal substances.
Actual Possession means the person is aware of the presence of the substance and the substance is in the hand of or on the person, or the substance is in a container in the hand of or on the person, or the substance is so close as to be within ready reach and is under the control of the person.
Constructive Possession means the person is aware of the presence of the substance; the substance is in a place over which the person has control, and the person has the ability to control the substance.
In Florida, the same accusation of drug possession is leveled against the offender regardless of whether the possession of the drug was actual or constructive.
Under Florida Statue 893.13(6), to prove the crime of Drug Possession, the State must prove the defendant knew of the presence of a substance, the Defendant exercised control or ownership over that substance, and the substance is what they claim it is.
It’s important to remember that being close to the substance is not enough in itself for the State to prove Possession.
Drug possession carries severe consequences in the state of Florida.
In the state of Florida, the punishments for drug possession can vary greatly based on a number of circumstances. These considerations include the type of drug, the amount of drug that is possessed, and whether or not the subject has a history of criminal activity. In the state of Florida, charges of drug possession can be considered either misdemeanors or felonies, and each classification carries with it its own distinct range of repercussions.
Misdemeanor Drug Possession Penalties
First-Degree Misdemeanor: First-degree misdemeanors are less serious charges that can arise from actions such as drug possession of less than 20 grams of marijuana or possession of drug paraphernalia. Other examples of first-degree misdemeanors include driving under the influence of drugs. There is a possibility of a one-year jail sentence and a fine of up to one thousand dollars.
Felony Drug Possession Penalties
First-Degree Felony: In Florida, the most severe penalties for drug possession are those considered to be first-degree felonies. Some of these may include selling narcotics within 1,000 feet of a school or park or possessing more than 10 grams of a drug that is classified as either Schedule I or Schedule II. Fines of up to $10,000 and prison terms of up to 30 years are common punishments for these offenses.
Second-Degree Felony: In most circumstances, a person is guilty of a second-degree felony if they possess illegal substances with the purpose of selling them or if they possess chemicals that are used in the production of illegal narcotics. There is a possibility of receiving a prison sentence of up to 15 years and a maximum fine of $10,000.
Felony of the Third Degree: Some incidents of drug possession can result in third-degree felony charges if the amount of the substance possessed is above a specific weight threshold. Possession of cocaine (less than 28 grams), marijuana (at least 20 grams), methamphetamine (less than 14 grams), heroin (less than four grams), and Xanax (any amount without a prescription) are all instances of common drug offenses. Felonies of the third degree are the least severe sort of crime and can result in penalties of up to $5,000 or jail sentences of up to five years, depending on the circumstances.
In addition to the direct legal implications, a conviction for drug possession in Florida can also result in collateral penalties, such as the suspension of your driver’s license, even if the offense has no direct link to driving. This is an important fact to keep in mind, as it is vital to remember that drug possession convictions in Florida can also result in collateral penalties, such as the suspension of your driver’s license.
In order to successfully defend yourself against allegations of drug possession in Orlando, you will need to take a smart and well-planned approach. At Frost Law, our legal staff is well-versed in designing defense tactics specifically tailored to each case’s particulars. The following are some potential defensive strategies:
At Frost Law, we have experience with many different drug-related cases and are committed to working aggressively on your defense. We understand that your rights and freedom are at stake and will use our extensive experience to help you achieve the best outcome for your case and put these charges behind you.
Please call us at 407-670-5669 today or contact us on our website for information and help with your drug possession case.
The classification of controlled substances in Florida is based on their usefulness in medicine and their potential for abuse. The hierarchy starts with Schedule I and ends with Schedule V. Schedule I substances are more serious, while Schedule V substances are the least serious.
Yes, Florida Statute 322.055 states, “Upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to suspend the person’s driver license or driving privilege.”
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