Have you been accused and charged with being in unlawful possession of a controlled substance in Sarasota? Then you are going to need the help and skills of a criminal defense lawyer to get you through.
In the State of Florida, it is a crime to be in possession of, manufacture, or traffic a controlled substance. Examples of a controlled substance include narcotics, Valium, Vicodin, hallucinogenic substance, etc. There are serious penalties set in place, even for smaller offenses.
If you have been caught in possession of drugs or found drug trafficking on the streets, it is of utmost importance that you contact a knowledgeable lawyer from The Law Place as soon as possible. With over seventy-five years of collective experience, our law firm has a high reputation in Sarasota. We have fought and won cases for clients who have been involved in cases from car accidents and facing DUI charges to drug crimes such as being caught in possession of a controlled substance, and many others.
If you are convicted, then you could possibly be facing lifelong consequences for your Sarasota drug crime. It will also make it difficult for future work opportunities, the ability to rent or buy a home, or even go to college and obtain a student loan. However, the good news is that you can hire a skilled Sarasota criminal defense lawyer from The Law Place to help you. We have the necessary knowledge and skills to handle your drug charges and fight for your rights. Contact us now for a free consultation on (941) 444-4444, and we will be at your side every step of the way.
Types of Controlled Substances in Sarasota, FL.
According to Florida Statute 893.13, it is classed as a felony if you are caught in possession of a controlled substance unless you have been prescribed the medication directly from your doctor.
The Florida Comprehensive Drug Abuse Prevention and Control Act has written down a list of hundreds of drugs that are considered to be “controlled substances” in the state, as in Florida Statute 893.033. The list of drugs is ordered and organized into five schedules, which are regulated further by the federal and state governments.
Most drug charges for being in possession and abusing a controlled substance tend to involve prescription medications, such as Valium, OxyContin, Vicodin, and Xanax. Street drugs such as marijuana, LSD, cocaine, and ecstasy are also classed as a controlled substance in the State of Florida. The possession of any prescription and street drugs, excluding marijuana, is recognized as a felony by the state. The specific charges and penalties given for any of these drug possessions usually depend on the type and amount that is found on the person.
If someone is caught driving under the influence of a controlled substance, this is illegal even with a valid prescription. If someone is caught with a controlled substance without a valid prescription, then the mere possession of the drug is considered to be illegal as well.
The consequences that the State of Florida has set in place for possession of a controlled substance include an adjudication on your permanent record and the suspension of your driver’s license. It can also prevent you from getting a job. Furthermore, suppose you are not a citizen of the United States. In that case, a conviction for possession of a controlled substance will ultimately end in deportation unless there is a valid reason to make an exception.
The State of Florida does not tolerate drug crimes and drug trafficking, and there are severe consequences set in place for these offenses.
Penalties Associated with Possession of a Controlled Substance in Sarasota, FL.
If you have been caught in possession of a controlled substance, you could face a third-degree felony in Sarasota. If convicted of this offense, the penalties include a maximum fine of up to $5,000, spending up to five years in prison, and up to five years of probation.
It is important to note that these penalties apply to any kind of drug possession that was unlawfully attained, including using someone else’s prescription for medication.
Constructive Possession vs. Actual Possession of a Controlled Substance in Sarasota. FL.
There are two different types of drug possession that are recognized by the State of Florida.
Constrictive drug possession refers to someone who has access to a controlled substance. A constructive drug possession charge is usually issued when a police officer has grounds to believe that there are multiple people who were aware of the drugs or had an opportunity to access the drugs.
For example, a constructive possession charge might be applicable if a police officer stops your car, and their search of your car reveals drugs in the back of the car or in the glove box. However, there are five other passengers in the car with you, which makes it difficult to confirm that the drugs are directly in your possession or ownership.
Another example would be that a police officer shows up with a search warrant when you are at a friend’s house and ends up discovering drugs on a table or in a drawer somewhere. When this situation occurs, the law enforcement will usually not know who exactly owns the drugs, so they will charge everyone who was in the house or in the car at the time with constructive possession of a controlled substance.
In the event that you are charged with constructive possession of a controlled substance, then the police are required to prove that you were aware of the drugs and that they were a controlled substance, and that you also had access to the substance. To convict you of this offense, it must be proven that you were not just close to the drugs but that you had access to the substance.
Actual drug possession refers to someone who was found with drugs on them. In other words, the drugs were discovered in their pocket, in their hands, or in a piece of clothing that they were wearing. A charge of actual possession means that no one else had access to the controlled substance, and it was only in your possession.
Defending Your Charges of Possession of a Controlled Substance in Sarasota, FL.
If you have been charged with possession of a controlled substance, then it is essential that you call a skilled lawyer from The Law Place to handle your case. A Sarasota drug charge has serious consequences, and you will need an experienced lawyer to build a strong defense to fight for your rights in front of the court.
The Law Place will explore the available options and possible defense strategies that could be used against your Sarasota drug charge. A skilled lawyer from our law firm will also be able to conduct an in-depth investigation into how the drugs were discovered, which also includes covering:
- If there was a valid reason for the police officer to pull you over and stop your car.
- If there was a legitimate search warrant when conducting the investigation of your home or car.
- If you possess a valid prescription for the controlled substance.
- If your Constitutional Rights were infringed upon.
- If law enforcement did or did not follow the proper protocol.
Contact The Law Place Today!
If you were caught in possession of a controlled substance, then you might be feeling uncertain of what to do next. In this case, it is important for your future that you reach out and contact a skilled drug crime defense attorney from The Law Place.
Our law firm has over seventy-five years of combined experience and knowledge when it comes to dealing with drug possession charges and the consequences that follow. A professional defense attorney will be able to conduct an in-depth investigation into your drug crime case, speak to any potential witnesses or co-defendants, and attempt to have your charges reduced, or even get your case dismissed entirely.
Rest assured that we will do everything in our power to make sure that you receive a reasonable outcome for your case. Call our law firm now, and a knowledgeable attorney will be able to offer you some honest, unbiased advice on the best move to make in your current situation following a charge for possession of a controlled substance. Contact us now at (941) 444-4444 for a free consultation, and we will fight your drug possession charges together.