Drug possession charges could possibly be mitigated in Florida
- On behalf of Mike G Law posted in Drug Possession on Thursday, July 30, 2015
In Florida, the number of drug possession charges is huge.
Drug possession means that you had illegal drugs on you. It doesn’t mean that you are selling them, distributing them or trafficking them. Likely, you have them on you for personal use. This can lead to a third-degree felony. However, it all depends on the type and quantity of the drugs, too. For example, if you had less than 20 grams of marijuana on you, this is a first-degree misdemeanor.
In order to establish the fact that you were in possession of illegal drugs, the prosecutor has to show that they were indeed illegal and this is defined by Florida law. Generally, a crime lab will analyze the drugs to ensure that they are illegal.
The prosecutor must also prove that the defendant knew they were illegal drugs and that he or she knew the drugs were in the car or on their person when he or she was arrested.
Finally, the prosecutor must prove that you were in charge of the drugs; that you and you alone had control of them. This may seem easy enough to prove, but a good defense attorney will tell you not to say anything at all to the police, but instead ask for a lawyer to be present.
An attorney can follow the chain of evidence and see if that chain was broken or if the police did not follow the law for any reason. This may be enough to mitigate your charges or get them dropped completely.
An unlawful search and seizure may also be something that your attorney will look at. Did the police ask your permission to search? Was it documented? These and other questions need be asked and answered.
Source: FindLaw, "Florida drug possession laws," accessed July 30, 2015