Drug Possession

 

Our Criminal Lawyers in Fort Lauderdale often illustrate the severity of drug arrests. The fact is that possession of controlled substance charges are filed as a felony in Florida if the drug was something other than marijuana. 

Speak to a Broward  Drug Possession Lawyer 954-523-5333

Certain prescription medicines and street drugs are termed as controlled substances under Florida law.
These substances have psychotropic or medicinal effect, and some of the common ones are marijuana, cocaine, oxycodone, heroin, painkillers, and a range of designer drugs. According to Broward Criminal Defense Attorneys, it is illegal to possess controlled substances, unless they are prescribed by a licensed medical practitioner.

Speak with a skilled Broward County felony defense lawyer right now by calling our office. There is never a fee to speak with us about your case.

Our Drug Possession Defense Lawyers in Broward County have defended thousands of cases.

Speak with a skilled Broward County felony defense lawyer right now by calling our office. There is never a fee to speak with us about your case.

Our Drug Possession Defense Lawyers in Broward County have defended thousands of cases.

These substances have psychotropic or medicinal effect, and some of the common ones are marijuana, cocaine, oxycodone, heroin, painkillers, and a range of designer drugs. According to Broward Criminal Defense Attorneys, it is illegal to possess controlled substances, unless they are prescribed by a licensed medical practitioner.

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William Moore, Drug Crime Lawyer, Broward County, FL

According to Drug Possession Attorney William Moore, the term “possession” includes control over an item, or having ownership of the item.

“You do not need to actually be holding narcotics to be considered in control of them” – William Moore

William Moore is a leader in defending against Broward County Felony Prosecution

Actual, Constructive, and Joint Possession

Florida law further categorizes possession into Actual and Constructive possession. In actual possession, the individual physically possesses the controlled substance and is aware of such possession. Constructive possession on the other hand is the controlled substance in close proximity of the individual, and that proximity where the drugs are found, is under the control or authority of the individual. -Broward Criminal Attorney Jim Weick

Under Florida law, it is also possible to arrest more than one person for drug possession, which is usually called joint possession. When a person possesses a controlled substance solely, the authorities can assume or infer another person having knowledge of the presence of the drugs. Hence, a person who does not actually possess the drugs can be arrested under joint possession charges, if the other person with him or her has sole possession of the drugs. -Broward Criminal Attorney Jim Weick

Penalties

As per Florida Statute 893.13(6)(a) possession of controlled substances like heroin, meth, cocaine and other illegal drugs is third degree felony, punishable with up to $5,000 fines and/or five year jail term. However, penalties for drug possession will differ, depending on the type of controlled substance, and the quantity.

Leading Drug Possession Defense Lawyers in Broward County, FL

According to Criminal Defense Lawyer William Moore Florida criminalizes possession of even small amounts of marijuana, and the state does not intend to liberalize marijuana possession laws. According to Florida Statute 893.13, if a person is found to possess less than 20 grams of marijuana, it is considered a first-degree misdemeanor charge punishable with up to one-year jail sentence and/or $1,000 fine. If the quantity is more than 20 grams, it is a 3rd degree felony punishable with up to $5,000 fine and/or five-year jail term. If the person is found to possess more than 24 marijuana plants, it is a second degree felony, punishable with up to $10,000 fine and/or 15 years in jail.

Possession of Opiates
Possession of over 10 grams of opiates including heroin is a serious charge. According to Florida Statute 893.13(6)(c), it is a first degree felony, punishable by a fine of up to $10,000, up to 30 years in prison, or a combination of these two penalties.

Possession of Unlawful Chemicals
Florida law lists certain chemicals as illegal, which are used in the manufacture of drugs like ecstasy, GHB and meth. According to Florida Statute 893.149, possession of these chemicals is a second-degree felony, punishable with up to $10,000 fine, up to 15 years in jail, or a combination of the two.

Apart from these penalties, there can be revocation or suspension of driving license and a permanent criminal record that will limit certain freedoms and privileges.

Options Available to a Person Charged with Drug Possession in Broward County

There are several options available to person charged with drug possession. The charges can be dismissed by making a formal application for participating in a diversion program, and completing the program successfully. Another option is to choose to plea bargain or secure a “withhold of adjudication”, by which a formal conviction can be avoided, and the person can truthfully deny being convicted of drug possession charges. Resolving a drug case should always be done with the advice of an experienced criminal defense lawyer.