If you are found in possession of a controlled substance that you have not been prescribed, then you can be charged with a felony under Florida Statute 893.13. The penalties are very serious for people who have been convicted of a drug crime and caught in possession, manufacturing, and trafficking of a controlled substance in Fort Myers.
A drug conviction has the potential to affect your personal and professional life, along with making it hard to find a job, rent or buy a house, get a professional license, go to college, obtain a government student loan, and much more. If you want to save yourself from the long list of consequences that will follow after a drug conviction, then you will need to hire a criminal defense attorney as soon as possible.
At The Law Place, we have over seventy-five years of collective experience when it comes to helping people who are facing difficult situations in Fort Myers and all over the State of Florida. Our law firm has the necessary knowledge and resources to tackle your case and achieve a favorable outcome for you and for your family. We have helped hundreds of clients and their families to avoid the severe legal consequences of drug crimes, and we know that we can help you too.
Contact The Law Place to schedule a free consultation now, and we will fight against your drug charges in Fort Myers.
The Definition of Drug Possession in Fort Myers, FL.
It is one hundred percent illegal for a person to be found in actual or constructive possession of a controlled substance without legal permission. However, it can be considered legal for a person to possess a substance in which they have a valid prescription.
The most common types of controlled substances that could lead to a charge of drug possession include:
- Marijuana or cannabis.
- Morphine.
- Xanax.
- Codeine.
- Methamphetamines.
- MDMA.
- LSD.
- Cocaine.
- Heroin.
If the prosecutor on the case is unable to prove that the person was in actual or constructive possession of a controlled substance, then they will be unable to charge them with a possession offense. For example, the evidence could be deemed inadmissible in the event that the drugs were found in an illegal search.
The Drug Schedules in Fort Myers, FL.
The State of Florida categorizes drugs based on schedules, ranging from Schedule I to Schedule V, from the least addictive with medical value to the most addictive with no current medical value.
- Schedule I – The most potential for abuse with no medical value.
- Schedule II – The second most potential for abuse with very limited medical value.
- Schedule III – The potential for abuse, but less serious than Schedule I and Schedule II drugs with some medical value.
- Schedule IV – The second-lowest potential for abuse compared to Schedule III with accepted medical value.
- Schedule V – The lowest potential for abuse with accepted medical value.
Possession vs. Possession With Intent to Sell in Fort Myers, FL.
The punishments are harsher for being in possession of a controlled substance with the intention to sell or distribute compared to a case of simple possession.
A possession charge vs. possession with intent to sell are identical crimes in nature, but the main difference is that the prosecutor has a responsibility to prove that the person had an intention to sell or distribute drugs. More often than not, a person is charged with intent to sell a controlled substance when they are in possession of a large amount of drugs that is clearly too much to be used on their own.
The other signs of intention to sell include materials for packaging, communication between the dealer and the customer, and large amounts of money means that the prosecutor has the necessary evidence to build a stronger case for a charge of possession with intent to sell.
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Actual or Constructive Possession in Fort Myers, FL.
The person or group of people who own the controlled substance is not necessarily a relevant factor to a drug possession crime in the State of Florida. In simpler terms, you can still be held liable for actual or constructive possession, even if the controlled substance was not under your ownership.
- Actual possession – The substance is physically found on the person. For example, the drugs were hidden in the pocket of the person’s jacket.
- Constructive possession– The substance was not near the person, but they were aware of the location, and they were capable of accessing the controlled substance. For example, the drugs were hidden in the back of the motor vehicle or under the seat.
From the initial call to updates on your case status, we are here to get you answers.
Elements of a Drug Possession Charge in Fort Myers, FL.
The prosecutor will have to prove three different factors in order to convict you of a drug possession crime. The three factors include:
- The type of controlled substance.
- The person was aware and knew about the drug.
- The drug was under the person’s control.
The prosecutor has to bring evidence that the substance in question was a controlled substance as defined by the law in the State of Florida. Scientific analysis will be used to determine the illegal nature of the drug.
Furthermore, the prosecutor will also have to prove that you knew or should have been aware of the illegal nature of the drug and that you were in control of the substance’s location.
Types of Penalties for Drug Crimes in Fort Myers, FL.
You will be charged according to the circumstances and facts surrounding your case in Fort Myers. The penalties for drug possession will be measured by the quantity and nature of the controlled substance.
- First-degree misdemeanor– The penalties for a first-degree misdemeanor include paying a fine of up to $1,000 and spending up to one year in jail. An example of a first-degree misdemeanor includes possessing up to 20 grams of marijuana.
- Third-degree felony– The penalties for a third-degree felony include paying a fine of up to $5,000 and spending up to 5 years in prison. An example of a third-degree felony includes possessing heroin or meth.
- Second-degree felony– The penalties for a second-degree felony include paying a fine of up to $10,000 and spending up to 15 years in prison. An example of a second-degree felony includes possessing chemicals that can be used to manufacture drugs such as ecstasy or meth.
- First-degree felony– The penalties for a first-degree felony include paying a fine of up to $10,000 and spending up to 30 years in prison. An example of a first-degree felony includes possessing more than 10 grams of heroin.
Defending Your Charges of Possession of a Controlled Substance in Fort Myers, FL.
If you are being accused of drug possession in Fort Myers, then you should get in contact with a criminal defense attorney who is skilled at handling drug crimes as soon as possible. If you call The Law Place right away, we can quickly conduct an investigation into your charges and make early contact with the prosecution in order to agree on a lenient resolution for your case. A criminal defense attorney will collect information and develop a defense strategy by exploring:
- Was there a valid reason for law enforcement to stop you in traffic?
- Was there a valid search warrant sent to look through your car or house?
- Was there a valid prescription for the controlled substance that they found in your possession?
- Were your constitutional rights violated in any way?
- Did the law enforcement follow proper protocol?
Contact The Law Place Today in Fort Myers, FL.
Are you being charged with possession of a controlled substance in Fort Myers? Are you scared for your own life, including the lives of your family and friends? Then we highly recommend that you seek legal counsel from a criminal defense attorney today.
At The Law Place, we have over seventy-five years of combined experience and knowledge in fighting accusations of drug possession in Fort Myers and throughout the State of Florida. Our law firm has an in-depth understanding of the law surrounding drug charges, and we will guide you through the legal system.
It is important that you understand your legal rights under Florida law, especially when you are facing drug charges. A criminal defense attorney from our law firm will discuss the details of your case and offer you advice on how to approach the situation. If you put your trust in us, we will work hard to decrease the severity of the consequences and reduce the potential charges for being in possession of a controlled substance in Fort Myers.
Call our office today to set up a free consultation. A criminal defense lawyer will be waiting to hear from you. Our phone lines are open twenty-four hours a day, seven days a week, so that you can speak to us any time of the day or night.
Contact The Law Place to schedule a free consultation now, and we will fight against your drug charges in Fort Myers.