Miami Drug Possession Attorney

Florida Drug Possession Laws

Have you been arrested for drug possession? Although this is typically considered the least serious of all drug charges, a person accused of drug possession in Florida may be at risk of facing felony charges in some situations.

Contact us to get started on your free consultation. Call (800) 798-0243 today!

What Are Penalties For Drug Possession In Florida?

The type of drug involved as well as the amount will impact potential charges and final sentencing upon a conviction, as will the presence of any items that may indicate an intent to distribute. Because of this, you could be looking at anywhere from one year in jail and fines up to $1,000 all the way to jail time of up to 30 years and fines up to $750,000

In some cases, a defendant accused of drug possession may be eligible for alternative sentencing, most often a drug rehabilitation or treatment program to avoid imprisonment and or conviction. This is most often an option available to first time drug offenders with no prior criminal record, and to juveniles.

Can You Be Charged With Possession Even If The Drugs Aren't Yours?

Yes, it is possible to be charged with drug possession even if the drugs are not yours. Florida law allows for both "actual" and "constructive" possession, which means you don't have to physically hold the drugs to face charges. Constructive possession refers to a situation where drugs are found in a location you have access to or control over, such as a car, home, or shared space. If the prosecution can prove that you had knowledge of the drugs and the ability to control them, you could be charged.

For example, if drugs are found in a vehicle during a traffic stop, everyone in the car could be at risk of being charged with possession. Even if the drugs belong to someone else, the authorities may still believe there is enough evidence to suggest you were aware of their presence and had the ability to exercise control over them.

Defending against these charges often involves demonstrating that you were unaware of the drugs or had no control over them. An experienced drug possession attorney can investigate the facts of your case, challenge the evidence, and explore possible defenses, such as lack of knowledge, illegal search and seizure, or the drugs belonging to someone else. A strong defense strategy can make a significant difference in reducing or dismissing the charges.

Possession with Intent to Sell Laws in Florida

In Florida, a defendant may face misdemeanor or felony charges for drug possession with the intent to sell or distribute. A more serious offense than simple possession, possession with intent involves a defendant who was allegedly in possession of drug and/or drug paraphernalia or other items that indicated that he or she had the intention to sell or distribute the drugs.

How is intent determined?

There are various factors that may play an important role in a criminal case involving drug possession with the intent to sell or distribute.

If you have been accused of possession with intent or have been arrested for any type of drug crime in South Florida, you will need a Miami criminal attorney who can begin immediately in protecting your legal rights, offering you the full protection the U.S. Constitution and legal system have to offer.

Charged with Possession for Sale in Florida?

Possession for sale is a more serious form of drug possession that involves having controlled substances and other items in one's possession that indicate the defendant's intent to sell or distribute. As drug distribution is a more serious criminal offense than simple drug possession, possession for sale may result in enhanced charges and penalties if the defendant is convicted.

Although the prosecuting attorney may have worked with law enforcement to bring a great deal of physical evidence against you, as well as potential witness testimony, there are always options your attorney can explore in building an effective defense strategy on your behalf nonetheless.

For example, the drugs or drug paraphernalia may have been discovered by law enforcement in the absence of a valid search warrant or probable cause. This may be grounds to have that evidence dismissed, under the Fourth Amendment to the U.S. Constitution, protecting you against unreasonable search and seizure.

What to Do if You Were Arrested for Possession in Miami

It is important to involve a Miami criminal defense lawyer at the Law Office of Michael Mirer, P.A. as soon as possible to ensure that your Constitutional rights and interest are protected from the onset of any criminal proceedings.

Attorney Mirer has over a decade of experience to dedicate to building a strong and effective legal strategy on your behalf, and he is fully devoted to acting as a tireless advocate for his clients' rights.

To learn more about your possession charges and how an attorney can work to minimize the potential penalties you may face, contact Miami drug possession attorney Michael Mirer by calling (800) 798-0243 today.