A Drug possession lawyer is one who is familiar with every aspect of a criminal action aimed at convicting an individual for an item that they have dominion and control over. These offenses are often described as a victimless crime.
Local law enforcement consistently warns that Florida state laws carry severe penalties for drug possession. Our criminal statutes lists marijuana, cocaine, and other drugs as controlled substances. Moreover, the law distinguishes between possession and possession with intent to sell.
The prosecution must prove that the drug is illegal (or that the substance has been tested as being a compound prohibited by criminal statutes). This typically involves scientific testing and proof. The prosecution may be forced to prove that the defendant was aware of the illegal nature of the drug if their attorney argues the appropriate motion. Finally, the prosecutor must also prove that the suspect had control over the drug. This is easier for the prosecutor to prove if the drug was on the person of the defendant or in a container held by them. According to one Drug Possession Lawyer in Fort Lauderdale, it is estimated that the odds of conviction decrease up to 75% where the substance was found in a common area. If the drug was found in the premises controlled by the defendant, the prosecutor has to prove this control as well (constructive possession). If the prosecutor can prove all three of these requirements the defendant may be charged simple drug possession (cocaine) or third degree felony.
If you have been arrested and wish to learn more about our defense team, visit Fort Lauderdale Criminal Lawyers.
Drug Possession Lawyer William Moore warns that even simple possession can be a second degree felony if the amount of drug found to have been possessed exceeded certain weight limits.
Florida law states that possession of marijuana or cannabis of less than 20 grams is a misdemeanor while selling one gram is a felony. Additionally, if the prosecutor is able to prove that the defendant had possession of the drugs with intent to manufacture, sell, or distribute it close to a school, the defendant will be charged with a first degree felony. Contact a Criminal Defense Attorney if you have been arrested for drug charges.