The State of Florida has some of the strictest laws in the United States of America when it comes to drug charges – whether it be illegal street drugs or prescribed medication. There are harsh penalties set in place for even the lowest of offenders, which includes charges for drug possession, drug manufacturing, drug trafficking, and even more.
Florida Statute 893.13 states that it is a felony to be in possession of a controlled substance without having a valid prescription. The risks are high when you are facing a felony charge for drug possession. These risks include putting your future and livelihood in jeopardy, affecting your personal and professional life in negative ways, harming any future employment opportunities, and making it difficult for you to obtain a loan of any kind.
If you are feeling uncertain of what to do next following a charge of being in possession of a controlled substance, then you must speak to a criminal defense lawyer to protect your future and your legal rights in Bradenton. The Law Place has over seventy-five years of combined experience in dealing with drug possession cases, and we have helped hundreds of people who were in situations just like yours.
Our law firm always puts the client first and foremost, in line with the attorney-client relationship privileges, which means that we will make sure that you receive a reasonable outcome for your Bradenton drug case. We have a dedicated team of criminal defense lawyers who work tirelessly around the clock to build strong cases for each and every client in Bradenton and across the State of Florida.
Call The Law Place today to schedule a free consultation where a Bradenton criminal defense lawyer will discuss the facts of your case, answer your questions, and explain the process to you. Our phone lines are available twenty-four hours a day, seven days a week.
Contact us now at (941) 444-4444 for a free consultation, and we will fight your possession of a controlled substance charge together in Bradenton.
Law on Controlled Substances in Bradenton, FL.
Florida Statute 893.13 thoroughly explains the law on controlled substances and drug possession. It states that a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.
The Five Drug Schedules
The State of Florida has created an extensive list of controlled substances, which have been divided into five different categories – this is known as the five drug schedules. The list is numbered according to the addictiveness and harmful nature of each drug. The biggest risk for potential addiction and harm are the Schedule One drugs, which carry the longest sentences for drug possession.
Further information on the five schedules:
- Schedule I – The biggest risk for potential addiction and harm, which includes drugs like LSD, crack cocaine, heroin, and meth. These drugs were also not accepted to have any medical value in society when the list was created
- Schedule II – The second biggest risk for potential addiction and harm, which includes drugs like OxyContin, Adderall, methamphetamine, cocaine, and methadone. These drugs are considered to have slight medical value, and sometimes they are even prescribed to certain patients throughout the State of Florida.
- Schedule III – The middle-grade risk for potential addiction and harm, which includes drugs like codeine, steroids, and ketamine.
- Schedule IV – The second-lowest risk for potential addiction and harm, which includes drugs like Xanax, Valium, and Tramadol.
- Schedule V – The lowest risk for potential addiction and harm, which includes drugs like codeine, Motfen, and Lyrica.
There are hundreds of controlled substances and illegal street drugs that are laid out in the five drug schedules, for which an individual could be charged with drug possession. Florida Statute 893.03 contains a complete list of controlled substances and drugs that are considered illegal to possess.
Penalties Associated With Possession of a Controlled Substance in Bradenton, FL.
If you are facing charges for being in possession of a controlled substance, then this is classed as a third-degree felony. If you are convicted of this offense, then you could spend up to 5 years in prison, up to 5 years on probation, and receive a fine as high as $5,000.
Keep in mind that these penalties apply to any type of drug that was found in your possession, which was not lawfully obtained from a legitimate source, such as a practitioner or a valid prescription.
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Constructive Possession vs. Actual Possession of a Controlled Substance
Drug possession falls into two categories in the State of Florida- constructive or actual.
Actual drug possession refers to a controlled substance being physically on you, which could mean that it was in your jacket pocket or that you were holding on to it. This implies that no one else had access or control over the substance in your possession.
Constructive possession is if a law enforcement officer has reason to believe that there were multiple people who had access to the drugs or knew of the existence of the drugs, including yourself. For example, law enforcement stops your vehicle and find drugs in the glove compartment or under the seat, but there were also several other people in the vehicle with you at the time of the stop and search. In a situation like this, law enforcement will charge everyone in the vehicle with constructive possession of a controlled substance, even if they do not know who the drugs belong to.
However, law enforcement is required to prove that you knew that the drugs were present or that you had some type of control over the substance to successfully charge you with constructive drug possession. In simpler terms, it is not enough to simply be close to the drugs to convict you of drug possession.
From the initial call to updates on your case status, we are here to get you answers.
Defending Your Charges of Possession of a Controlled Substance in Bradenton, FL.
If you are facing charges for drug possession, then you must get in touch with a criminal defense attorney from The Law Place as soon as possible. Drug possession charges carry serious consequences, and you must have the right law firm on your side to battle the case and protect your legal rights.
Our team of criminal defense attorneys will conduct an investigation into your drug charges and build a strong defense strategy, which includes exploring the following:
- Were your Constitutional Rights violated?
- Do you have a valid prescription for the controlled substance?
- Was there a valid reason for your traffic stop?
- Was there a valid search warrant for your home or vehicle?
- Did law enforcement follow proper protocol?
Contact The Law Place Today
If you are facing charges for being in possession of a controlled substance, then it is important that you seek legal counsel from a reputable law firm like The Law Place. We understand that you might be feeling afraid of what comes next, but that is where we can step in to help you.
The Law Place has over seventy-five years of collective experience when it comes to tackling drug possession cases, and we have the necessary knowledge to guide you through the legal system and win a favorable outcome for your case. We have a team of skilled criminal defense attorneys who are ready and willing to jump into your case and protect your rights in the State of Florida.
If you choose to be represented by The Law Place, then we will start by conducting an investigation into your Bradenton drug charge, collecting information, speaking to the prosecutor, and developing a strong defense strategy. Our law firm understands that being charged with drug possession is rough, and we want to be the ones to help you get through.
Call The Law Place today. Our phone lines are available twenty-four hours a day, seven days a week – so that we can be there for you when you need it the most.
Contact us now at (941) 444-4444 for a free consultation, and we will fight your possession of a controlled substance charge together in Bradenton.