Drug Possession Attorney Tampa
More and more Florida individuals are being arrested and charged with drug possession. Many times, the drug at issue is a relatively small amount that is only for personal use. However, there are individuals who face multiple serious Florida and possibly federal drug charges if they are found to be in possession of a significant amount of any controlled substance.
As society becomes more accepting of drugs, such as the widespread push to legalize marijuana for recreational use, Florida individuals will continue to face drug possession charges and law enforcement officials and prosecutors will push to apply Florida law to the fullest extent possible even if such conduct would not be considered criminal in another state. To ensure you have the best chance of building a strong defense to your Florida drug possession charge, you should consider seeking the advice of a skilled Tampa Criminal Defense Attorney. Marc A. Joseph is a Tampa Criminal Defense Attorney who will provide you with the legal representation you need and deserve to fight your Florida drug possession charge.
Drug Possession in Florida
Drug possession charges are pressed on a regular basis in Florida. The amount and type of drug is essential to determining what classification of drug possession an individual should be charged with in Florida. Under Fla. Stat. § 893.13, an individual may be charged with and found guilty of drug possession if he or she is found to be in actual or constructive possession of a controlled substance. Actual control is when the controlled substance is physically on the accused individual’s person, either in his or her hands, pockets, and/or bags being carried. When actual possession cannot be established, the charging prosecutor must prove that you were in constructive possession of the controlled substance by showing that the accused individual (1) knew the controlled substance was in his or her presence, and (2) had the ability to maintain control of the substance.
There is a laundry list of controlled substances that are subject to Florida’s drug laws. What can be very tricky about Florida drug possession charges today is that many controlled substances are acquired by a lawful prescription. Possessing this type of controlled substance is lawful, however, if you cannot prove that you have a prescription or if you keep such medication in other containers, you may be charged with possession of a controlled substance even if the evidence is not very strong. As such, it is very important that you speak with a qualified Tampa Criminal Defense Attorney as soon as possible following arrest if you are facing Florida drug possession charges.
Depending on the controlled substance at issue, a drug possession charge can be fairly minor or very serious. The amount and type of controlled substance can make the difference between diversion and a felony jail term in Florida. Given that your Florida drug possession charge may be more serious than you think, it is imperative that you contact an attorney who can explain to you the criminal charges you are facing and what is at stake if you are ultimately convicted. Tampa Criminal Defense Attorney Marc A. Joseph, P.A. has handled a significant number of drug possession cases over the course of his career. He will evaluate the facts of your case to determine what steps should be taken to overcome the drug possession charge with the least harm possible to you and your criminal record.
Consequences of Drug Possession in Florida
If you are convicted of drug possession in Florida, you may get a slap on the wrist, or you may have to serve jail time and pay a hefty fine, depending on what controlled substance you allegedly had in your possession and the quantity of the controlled substance. If you were found guilty of possessing 20 grams or less of cannabis (marijuana), or 3 grams or less of certain other controlled substances, you face a first degree misdemeanor. This Florida drug possession charge may result in jail time not to exceed one year and the imposition of a fine not to exceed $1,000.
If you have been convicted of possessing more than 20 grams of cannabis (marijuana), cocaine, ecstasy, and other typically more dangerous drugs, you face a third degree felony. This Florida drug possession charge may result in jail time not to exceed five years and the imposition of a fine not to exceed $5,000. Further, the greater the quantity of the controlled substance, the more enhanced the penalties are and the more likely that you may be facing other Florida and federal drug charges such as the delivery or sale of drugs, drug trafficking, and/or drug manufacturing.
Why Strong Advocacy is Important When Facing a Florida Drug Possession Charge
In order to avoid the harsh consequences of a Florida drug possession conviction as described above, you will need a Tampa Criminal Defense Attorney by your side who will advocate on your behalf to reach a resolution to your criminal charge that avoids formal conviction and the imposition of jail time and fines. In addition to seeking dismissal of your criminal charge if there are grounds to do so, your attorney should explore alternatives to jail time and/or fines, including, but not limited to, diversion, drug court, and probation. Marc A. Joseph, P.A. uses all available resources to keep his clients out of jail if they are facing drug possession charges.
One thing to keep in mind is that prosecutors are much more willing to negotiate when you are a first time offender. If you are a repeat offender, you may be serving jail time regardless of how serious the subsequent drug possession charge is. You always have a chance of staying out of jail, however, in order to realize this chance, you need a Tampa Criminal Defense Attorney like Marc A. Joseph, P.A. using his strong advocacy skills to ensure you have the strongest defense possible given the facts of your individual situation.
Contact Tampa Criminal Defense Attorney Marc A. Joseph, P.A. Today for a Free Consultation
Drug possession is a common criminal charge in Florida and can land you in jail. If you or a loved one has been charged with drug possession, you must act quickly to resolve your drug possession charge in the most reasonable way possible to avoid serving a significant amount of jail time and having to pay hefty fines. In order to seek resolution of your drug possession charge, you will need to consult with a skilled Tampa Criminal Defense Attorney who has handled many drug possession cases in Florida. With more than 16 years of experience, Tampa Criminal Defense Attorney Marc A. Joseph, P.A. has a thorough understanding of how drug possession charges are treated in and around Tampa as well as throughout the rest of the state and at the federal level. Marc A. Joseph, P.A. will work to help you resolve your drug possession charge in as favorable a way as possible given the facts of your individual case. If you would like to speak with Tampa Criminal Defense Attorney Marc A. Joseph, P.A., contact our office today by calling (813) 234-6374 to schedule your free consultation. Marc A. Joseph, P.A. is available 24/7 to answer your questions and address your concerns.