Types of Drug Possession – Actual Vs Constructive
Drug Possession is typically classified as either Actual Possession or Constructive Possession.
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.
What the State Has to Prove in Florida Drug Possession Cases
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.
Purchase and Possession Convictions in Florida
The State can convict you for both “purchase of” and “possession of” the same drug because possession is not necessarily the lessor included offense of purchase. State v. Houghtailing, 704 So. 2d 163, 164 (Fla 5th DCA 1998).
Long-Term Consequences of a Drug Possession Conviction
A drug conviction carries numerous consequences that can influence you for years to come. These include suspension of your driver’s license, prison time or mandatory treatment. Furthermore, the establishment of a criminal record is a red flag for potential future employers and the consequences can be even higher for repeat offenses.
Your criminal defense attorney in Orlando should be committed to examining the evidence to identify whether there were any flaws against you, such as whether or not the police had probable cause to stop you on the street or stop your vehicle. If the police violated your rights while executing a search warrant or in a spot search, this could become a crucial component of your legal claim. With so much on the line for your future, you cannot afford to wait to talk to an experienced lawyer.
In Orlando, when you’re arrested for drug possession or any drug charge, how you respond will dictate your future. You might need the help of someone who understands how this will influence your life and the steps you need to take to protect your interests. Getting help sooner rather than later is extremely important for your own future.
If the police overstepped their bounds and violated your rights in an effort to collect evidence or arrest you, they may try to downplay these actions so that you don’t share it with your lawyer. That’s because the police know that your lawyer is your strongest ally and will have the knowhow and interest to take action quickly to protect your future. Your lawyer in Orlando will also be familiar with the typical tactics used to try to scare you into accepting an unfair or unreasonable plea bargain. If the police are trying to encourage you to take a plea bargain and it’s not in your best interests, your lawyer will be the one to respond assertively by preparing your case for trial.
Contact a Qualified Drug Possession Defense Attorney
At Frost Law, we have experience with many drug-related cases and are committed to working aggressively on your defense.
Please call us at 407-670-5669 today or contact us on our website for information and help with your drug possession case.