DRUG CHARGES
Drug offenses can carry serious consequences. You should not face this charge without the assistance of a skilled lawyer. The law dealing with drug possession cases can be complex and the available defenses can vary depending on the facts and circumstances of the case against you.
The most important thing to keep in mind when dealing with a charge involving drug possession is an understanding that ownership of the substance has little to no bearing on the question of possession. Florida’s criminal drug laws do not take into account whether the drugs belonged to you or another person. All the law concerns itself with is whether you were in possession of the narcotic. In the state of Florida, possession of marijuana can be one of two types: actual or constructive. Actual possession refers to a situation where an individual has an illegal drug on their person. For example, someone who has a baggie of marijuana in his or her pocket would be in actual possession of the marijuana. A person can also be in constructive possession of a drug. Constructive possession refers to a circumstance where a person has knowledge of the narcotic and the ability to access same.
Drug possession offenses commonly stem from a search conducted by law enforcement. As a result, one of the most important issues to consider is whether the search was lawful. If the stop or search was illegal it may lead to the evidence obtained from that search becoming inadmissible in Court. The idea is that, if the search is illegal, all the evidence from the search is spoiled and cannot be used in court. An experienced criminal defense attorney can examine your case to evaluate the lawfulness of any search conducted by law enforcement. If the search is suspect, a motion can be filled to prohibit or suppress the evidence from the unlawful search. Winning such a motion may be highly beneficial, as it could result in preventing the State from moving forward with the case against you. Filing a motion that raises significant legal questions may be an effective bargaining chip in securing lesser penalties or reduced charges.
A common method of attacking a charge of a drug possession in constructive possession cases is to examine closely the issues surrounding knowledge, as well as dominion and control. In some cases, the evidence accessible to the State to show that you knew of the narcotic and had access to it may be nonexistent. Depending on the particular facts of your case, other legal issues might present feasible defenses to a possession of marijuana charge. Your attorney can scrutinize the truthfulness and veracity of any witnesses who might be involved, and the extent of law enforcement personnel’s training and experience in investigating drug cases. All of these areas may be productive in revealing defenses and building a successful strategy in your case.
The most important thing to keep in mind when dealing with a charge involving drug possession is an understanding that ownership of the substance has little to no bearing on the question of possession. Florida’s criminal drug laws do not take into account whether the drugs belonged to you or another person. All the law concerns itself with is whether you were in possession of the narcotic. In the state of Florida, possession of marijuana can be one of two types: actual or constructive. Actual possession refers to a situation where an individual has an illegal drug on their person. For example, someone who has a baggie of marijuana in his or her pocket would be in actual possession of the marijuana. A person can also be in constructive possession of a drug. Constructive possession refers to a circumstance where a person has knowledge of the narcotic and the ability to access same.
Drug possession offenses commonly stem from a search conducted by law enforcement. As a result, one of the most important issues to consider is whether the search was lawful. If the stop or search was illegal it may lead to the evidence obtained from that search becoming inadmissible in Court. The idea is that, if the search is illegal, all the evidence from the search is spoiled and cannot be used in court. An experienced criminal defense attorney can examine your case to evaluate the lawfulness of any search conducted by law enforcement. If the search is suspect, a motion can be filled to prohibit or suppress the evidence from the unlawful search. Winning such a motion may be highly beneficial, as it could result in preventing the State from moving forward with the case against you. Filing a motion that raises significant legal questions may be an effective bargaining chip in securing lesser penalties or reduced charges.
A common method of attacking a charge of a drug possession in constructive possession cases is to examine closely the issues surrounding knowledge, as well as dominion and control. In some cases, the evidence accessible to the State to show that you knew of the narcotic and had access to it may be nonexistent. Depending on the particular facts of your case, other legal issues might present feasible defenses to a possession of marijuana charge. Your attorney can scrutinize the truthfulness and veracity of any witnesses who might be involved, and the extent of law enforcement personnel’s training and experience in investigating drug cases. All of these areas may be productive in revealing defenses and building a successful strategy in your case.