Miami-Dade County Drug Possession Lawyer

Defending Against Drug Charges in Florida

According to Florida's statutes, it is against the law to possess a controlled substance, unless you are an authorized professional who has the drug as part of your occupation (such when you work in the medical field). Even possession of prescription drugs can lead to an arrest if the person who has the substance does not have a legitimate prescription from a physician.

Individuals are considered to be in possession of drugs when the substances are in their control in some way. For example, a person can be charged with drug possession for having the drugs directly on his or her person (such as in a jacket pocket or in his or her hand), or in a vehicle, locker or other location that the person has control over. If you have been arrested for drug possession, our Miami-Dade County drug possession attorney at The Law Offices of Eric M. Matheny, P.A. can help defend your freedom and future.

If you've been charged with drug possession, contact us today at (305) 504-6655 for a strong legal defense. We’re here to protect your rights.

Penalties For Drug Possession in Florida

• The types of penalties you can receive from a drug possession conviction will largely depend on three main factors:
• The type of drug;
• The amount of controlled substance; and
• Prior criminal convictions

If you have previous drug crime convictions or if there are other aggravating factors, you may be subjected to harsher penalties. Depending on the circumstances of your case, you could end up being convicted of a misdemeanor or a felony. Possible penalties include probation, jail time, prison time, expensive fines, participation in drug abuse programs, and more.

Defenses For Drug Possession Charges

There are many different types of defenses that can be used in possession cases. For example, law enforcement officers sometimes have weak evidence that the defendant was actually linked to the drugs, such as if they found the drugs in bushes close to where the individual was standing. In these types of cases, it might be possible to show that there is no actual proof that the drugs were in the defendant's control. Furthermore, if the defendant was not aware that the drug is in his or her possession (such as if someone put the drugs in the person's bag without the individual knowing), the defendant end up having a strong defense against his or her charges.

To learn about your options for fighting a drug possession conviction, contact our firm. We provide services in Miami and other parts of Miami-Dade County.

Types of Controlled Substances in Florida

Florida law classifies controlled substances into five main schedules, based on their potential for abuse, accepted medical use, and the possibility of dependence. The penalties for drug possession vary depending on the type of drug and the schedule it falls under.

Schedule I: These substances have a high potential for abuse and no accepted medical use in the U.S. Examples include:

• Heroin
• MDMA (Ecstasy)
• LSD
• Marijuana (though legalized for medical use, it remains a Schedule I drug for recreational use)

Schedule II: These substances have a high potential for abuse but have accepted medical uses with severe restrictions. Examples include:

• Cocaine
• Methamphetamine
• Oxycodone
• Adderall

Schedule III: These substances have less potential for abuse and are accepted for medical use. Examples include:

• Anabolic steroids
• Hydrocodone (in some forms)
• Ketamine

Schedule IV: These drugs have a low potential for abuse and are accepted for medical use. Examples include:

• Xanax
• Ativan
• Valium

Schedule V: These substances have the least potential for abuse. Examples include:

• Cough preparations with less than 200 milligrams of codeine per 100 milliliters or per 100 grams.

What to Do If You Are Arrested for Drug Possession

Being arrested for drug possession can be overwhelming. Here’s a step-by-step guide on what to do:

• Stay Silent: You have the right to remain silent. Avoid making any statements to the police that could incriminate you.
• Do Not Consent to a Search: If the police do not have a warrant, you have the right to refuse a search. Politely but firmly assert your rights.
• Contact an Attorney: Call a criminal defense lawyer immediately. Having legal representation is crucial to ensure your rights are protected and that you have the best defense possible.
• Be Cooperative: During the arrest and booking process, remain calm and cooperate with law enforcement. This helps avoid additional charges.
• Know Your Rights: Remember that you have the right to legal counsel and to have a bond hearing if you’re arrested.

Understanding the Drug Possession Charge Process

When you are charged with drug possession, the case progresses through several stages. Here’s an overview:

• Arrest: The process begins with an arrest, where law enforcement officers detain you and read you your rights (Miranda rights).
• Booking: After the arrest, you will go through booking, where personal information is recorded and you may be fingerprinted or photographed.
• Bail and Bond Hearing: Depending on the severity of the charges, a bail hearing is held where the court determines if you can be released on bail while awaiting trial.
• Arraignment: This is the first court appearance where you will enter a plea (guilty, not guilty, or no contest). The judge may also set conditions for your release.
• Pretrial Motions: Your lawyer may file motions to suppress evidence, challenge the legality of the arrest, or negotiate a plea deal with the prosecution.
• Trial: If your case goes to trial, both sides will present their arguments, and a judge or jury will determine the outcome. If convicted, sentencing will follow.

Understanding this process and knowing your rights can significantly impact the outcome of your case. Having an experienced attorney by your side is key to navigating this complex process.

Frequently Asked Questions (FAQs) About Drug Possession in Florida

• Can I be arrested for possession of prescription drugs in Florida?
  Yes, you can be arrested for possession of prescription drugs if you don’t have a legitimate prescription. In Florida, it is illegal to possess controlled substances without a valid prescription from a licensed healthcare provider.
• Does Florida treat marijuana possession differently now that medical marijuana is legal?
  Yes, marijuana is still illegal for recreational use in Florida, but it is legal for medical purposes if you have a valid medical marijuana card. Possession of marijuana without a medical card can still lead to criminal charges.
• Can I be charged with drug possession if the drugs aren't in my immediate possession?
  Yes, under Florida law, you can be charged with drug possession if the drugs are within your control, even if they aren’t physically on you. This could include substances found in your car, home, or other areas where you have control or ownership.
• What happens if I’m caught with a small amount of drugs?
  Possession of a small amount of certain drugs may result in less severe penalties, such as a misdemeanor charge. However, the penalties can still include fines, probation, or short-term jail sentences. The exact penalty depends on the drug type and quantity.
• Will a drug possession conviction show up on my record?
  Yes, a drug possession conviction can remain on your criminal record unless you are able to get it sealed or expunged. Having a drug conviction on your record can affect your job prospects, housing applications, and other areas of your life.
• What should I do if I’m charged with drug possession or drug trafficking?
  It’s important to contact an attorney immediately. Whether you’re facing drug possession or drug trafficking charges, an attorney can guide you through the legal process, help protect your rights, and work to reduce the severity of the charges or get the case dismissed if possible.
• Can a first-time drug possession charge be dismissed?
  In some cases, especially for first-time offenders, a drug possession charge can be dismissed or reduced through programs like drug diversion or probation. Your attorney will help determine the best course of action.

Facing drug possession charges? Contact us now at (305) 504-6655 for a free consultation, and let us help you navigate your case with expert legal guidance.