Doral Possession of a Controlled Substance Lawyers: Defending Your Rights
Overview of Possession of a Controlled Substance Charges in Florida
In Florida, it’s illegal to possess certain drugs classified federally as Schedule I, II, III, or IV controlled substances without a valid prescription. Even small amounts like residue can lead to criminal charges. Penalties vary based on the type and quantity of drugs, your criminal history, and other factors.
A charge for simple possession of a controlled substance is typically a 3rd degree felony in Florida, punishable by up to 5 years in prison and $5,000 in fines. Possession of larger amounts may be charged as drug trafficking, a 1st degree felony with even steeper penalties.
Police can arrest you for possession if they find drugs on you or in your home, car, locker, or other property that’s in your custody and control. You can also face “constructive possession” charges if drugs are found near you and police argue they were in your domain.
Common Defenses Against Possession Charges
Miami criminal defense lawyers know there are many ways to fight drug possession charges in Florida. A skilled attorney will thoroughly analyze the details of your case to identify the best defense strategies, such as:
Lack of Knowledge or Intent
You can’t be convicted if prosecutors can’t prove you knowingly possessed the drugs. For example, someone else could have left drugs in your car without your knowledge. Or police may argue the drugs were in “plain view” but you truthfully didn’t notice them.
Illegal Search & Seizure
If police searched you, your car, or your home illegally, any evidence found may be excluded. Without that key evidence, the case would likely be dismissed.
Insufficient Evidence
The burden is on police to prove every element of the crime beyond a reasonable doubt with solid, admissible evidence. If the evidence against you seems flimsy, an attorney can file a motion highlighting those weaknesses.
Entrapment
You may have a defense if an undercover officer pressured you into committing a drug crime you wouldn’t have otherwise committed.
Medical Necessity
You can fight charges for marijuana or prescription drug possession if you legitimately needed it for treating a medical condition.
Why Hire a Lawyer for Possession of a Controlled Substance Charges
Trying to navigate Florida’s complex drug laws alone against an experienced prosecutor is extremely unwise. Drug convictions can haunt you for life, impacting schooling, jobs, housing, finances, reputation, and more.
With so much at stake, hiring a knowledgeable possession lawyer to defend your rights is critical. An attorney knows how to examine the evidence, challenge unfair police practices, negotiate with the prosecution, and build the strongest defense to achieve the best outcome possible. This could mean getting charges lowered or dismissed entirely.
Don’t leave your fate to chance. The Miami drug crimes lawyers at Hubbs Law Firm have a proven record of success defending drug cases. We offer free case evaluations so you can discuss your situation confidentially at no cost. Call today or contact us online to get started.
Penalties for Possession of Cocaine in Florida
One of the most commonly charged drug offenses in Miami-Dade is possession of cocaine. Under Florida law, possession of cocaine is a third degree felony, punishable by up to 5 years in prison and a $5,000 fine. The potential penalties increase dramatically for trafficking charges depending on the amount.
- Possession of Less Than 28 Grams – 3rd Degree Felony
- Trafficking 28-200 Grams – 1st Degree Felony, Up to Life Sentence
- Trafficking 400 Grams to 150 Kilograms – 1st Degree Felony, Minimum Mandatory Sentences
With strict judges and prosecutors in South Florida, even a simple cocaine possession charge shouldn’t be taken lightly. An experienced lawyer can thoroughly assess your case and devise strategies to seek charge reductions, alternate programs like drug court, or even dismissal of charges when possible.
Medical Marijuana Defense for Possession Charges in Florida
Florida has legal medical marijuana, but around 2.5 million residents still don’t have access. Facing cannabis possession charges without a prescription can be extremely stressful.
However, a medical necessity defense might apply if you were using marijuana to treat a diagnosed health condition before you were able to obtain a prescription. A skilled drug crimes lawyer can help investigate and argue for this defense to avoid harsh penalties.
The lawyers at Hubbs Law Firm stay up to date on Florida’s evolving medical marijuana laws and best practices for asserting a medical necessity defense. If you face possession charges for marijuana or any other drug, contact us immediately to protect your rights.
Avoiding Convictions Through Pretrial Diversion Programs
Rather than taking a chance at trial, many possession cases end up in pretrial intervention or diversion programs. These programs allow eligible defendants to comply with probation-like requirements in exchange for avoiding a conviction on their record.
There are several types of diversion programs in Florida’s court system, such as:
- Pretrial Intervention (PTI) – For first-time nonviolent felony offenders. Upon successful completion after 6-24 months, charges are dismissed.
- Drug Court – Intense rehabilitation program with frequent testing and court appearances. Graduates can earn a dismissal or reduction of charges.
- Section 948.08 Drug Pretrial Intervention – Defendants with drug possession charges may enter this pretrial program to avoid conviction.
The experienced local lawyers on your defense team will examine your background and charges to advise you on all viable pretrial diversion programs to avoid harsh penalties.
Finding the Best Possession of a Controlled Substance Lawyer in Miami-Dade County
Facing drug charges is scary. You need an attorney you can trust to guide you through the complex legal process while remaining by your side each step of the way. Look for lawyers with:
- Extensive experience with drug crime cases similar to yours
- Knowledge of Florida’s specific drug laws and penalties
- Courtroom experience and negotiation skills
- Resources to build the strongest defense
- Compassion and commitment to their clients
The Miami drug crimes lawyers at Hubbs Law Firm check all those boxes and more. Clients become part of our family and we care for them accordingly. Contact our defense attorneys 24/7 for immediate assistance. Consultations are free, so call today!