MARIJUANA POSSESSION
Drug offenses can carry serious consequences. If you suffer a conviction in the state of Florida for possession of marijuana, it will result in an automatic driver’s license suspension for a period of two years. Having a conviction for a possession of marijuana charge may also carry a significant stigma that could pose a major barrier to licensing or employment in many types of professions.
The Hobson Law Firm meets with many clients who are charged with the misdemeanor offense of Possession of Marijuana – Under 20 Grams. These clients are often shocked to learn that what they thought was a minor charge, actually is an offense that may carry far-reaching consequences. Many States, for example, typically seek a sentence that includes random drug testing, a substance abuse evaluation and counseling or treatment. Florida law likewise requires a mandatory one-year driver’s license revocation upon conviction. It is not uncommon for the State to suggest to the Judge that some jail time is appropriate if the individual’s criminal record reflects a prior conviction for drug possession, cultivation, or sale. Possession of Marijuana less than 20 Grams is designated by the Florida Legislature as a 1st degree misdemeanor carrying up to 365 days in the county Jail and up to a $1,000.00 fine. Florida Statute 893.13.
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.
Actual Possession vs. Constructive Possession
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. 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 Hobson Law Firm meets with many clients who are charged with the misdemeanor offense of Possession of Marijuana – Under 20 Grams. These clients are often shocked to learn that what they thought was a minor charge, actually is an offense that may carry far-reaching consequences. Many States, for example, typically seek a sentence that includes random drug testing, a substance abuse evaluation and counseling or treatment. Florida law likewise requires a mandatory one-year driver’s license revocation upon conviction. It is not uncommon for the State to suggest to the Judge that some jail time is appropriate if the individual’s criminal record reflects a prior conviction for drug possession, cultivation, or sale. Possession of Marijuana less than 20 Grams is designated by the Florida Legislature as a 1st degree misdemeanor carrying up to 365 days in the county Jail and up to a $1,000.00 fine. Florida Statute 893.13.
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.
Actual Possession vs. Constructive Possession
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. 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.