Have you or someone you know been arrested for drug possession charges? These carry significant penalties which is why you should contact a qualified criminal defense attorney immediately. Tampa defense attorney Ben Stechschulte will question the legality of the search and quality of the witnesses – forcing prosecutors to prove every aspect of their case. Learn more about possible drug possession defenses.
State and Federal Drug Possession Laws
Substances made illegal under both state and federal law are defined within separate categories referred to as Schedule 1, Schedule II, Schedule III, and Schedule IV drugs.
The consequences of conviction will depend on the schedule of drugs as well as how much of the drug was in your possession. Any drug conviction can result in potential jail time, a criminal record, and other serious penalties.
Drug Possession Charges and Florida Law
Drug possession charges in the state of Florida range from minor misdemeanor charges to felony charges. These charges may include:
Possession of Drug Paraphernalia – When you have items associated with the use of illegal drugs in your possession, typically a misdemeanor charge.
Possession of Drugs – Penalties depend on what schedule the drug is and how much of the drug was in possession.
Intent to Sell or Distribute Narcotics – An interesting charge because you do not have to be in possession of drugs to have intent to sell. Larger amounts of drugs can mean intent and can result in a lengthy jail sentence.
Drug Trafficking – The most serious of drug charges that could result in 30 years to life imprisonment.
Drug crimes are taken seriously in Florida; our mission as your defense attorneys is to get the most favorable outcome for your case. Every case is unique. During a free case review with our board-certified defense lawyer, Attorney Ben Stechschulte can help you understand your best possible defenses. Call us now.
Know Your Rights: Possible Defenses to Drug Possession Crimes
If you’ve been charged with drug possession, there is a good chance that you could face jail time. An experienced criminal defense attorney will know the best defense for the charges that have been filed against you.
Defense strategies our former Prosecutor may use include:
Illegal Traffic Stops – To pull over a car, Florida law enforcement must have “just cause” or reason to suspect that you were violating the law. Any evidence collected from an illegal pull-over may be kept out of court at trial.
Illegal Searches of Your Home or Property – You are protected by the Fourth Amendment to be free from searches without reasonable cause or a search warrant. Again, our Tampa defense lawyer can argue any evidence collected from an illegal search be kept out of court.
The Weight – Under mandatory minimum sentencing requirements, the weight of drugs is a critical factor in determining sentences. At Stechschulte Nell, we will challenge the weight of the drugs as determined by law enforcement agents.
Joint Possession or Constructive Possession – This is related to an arrest of a group of people who are assumed to have had possession of drugs together.
A strong defense in this scenario is arguing that you were not actually in possession and had no control of the drugs, even though there were surrounding factors that may suggest otherwise.
Prescription Defense – When you think of ‘illegal drugs’, you may think drugs such as marijuana, heroin, methamphetamine, or cocaine. But, legally prescribed pharmaceutical drugs may become illegal if possessed by someone without a valid prescription.
However, a valid prescription for this controlled substance will likely result in charges will be dropped completely.
Miranda Rights Violations – By law, Miranda Rights must be read to anyone that is arrested prior to being taken into custody.
If you’ve been arrested for a drug crime, any video or documentation of the arrest will be carefully in discovery to ensure all rights were, in fact, read properly.
Free Case Review for Drug Possession Charges
Whether you’ve been charged with a misdemeanor or felony drug possession, the consequences can be severe. The Tampa criminal defense lawyer at Stechschulte Nell law firm have the experience necessary to provide the best defense for the charges filed against you.
Contact us immediately for a free case review or call 813-280-1244 – 24/7 to reach a top-rated lawyer.