Fort Lauderdale Drug Possession Defense Attorney
If you are facing drug possession charges in Fort Lauderdale, it’s important to consult with an experienced drug crimes lawyer as soon as possible. Unlawful drug possession can lead to jail or prison time, fines, probation, substance-abuse treatment, random drug testing, and more. At a minimum, if convicted, all drug offenses carry a mandatory two year license suspension in Florida.
At Fort Lauderdale Criminal Defense, we have the legal resources and experience to protect your rights and fight for the best possible outcome in your case. Lead drug crimes attorney Leah Mayersohn is committed to exhausting every possible defense strategy in order to get the charges against you dismissed or reduced.
If you are a first time offender or have a minimal criminal history, you may qualify for a pre-trial diversion or drug court diversion program, which, upon successful completion could result in a dismissal of charges.
Contact us today 954-400-5000 for a free consultation.
In order to be convicted, the prosecution will have to prove an illegal drug was in your possession. Drug possession is defined as having ownership or control over an illegal drug. In Florida, possession can be actual or constructive. Actual possession means you had the drug in your hand or somewhere else on your person (pocket, wallet, purse, etc) at the time of your arrest. Constructive possession means the drug was found in such close proximity to you that it is considered to be under your dominion or control.
Types of Illegal Drugs in Florida:
According to § 893.13 of the Florida Statutes, it is unlawful to possess a controlled substance for which you have no valid prescription. Controlled substances may include narcotics, pharmaceutical drugs, and chemicals
Common Types of Controlled Substances or Narcotics:
- Cannabis, also known as marijuana, weed or pot
- Methylenedioxymethamphetamine, also known as Ecstasy
- Methamphetamines, also known as crystal meth or molly
- Lysergic acid diethylamide, also known as acid or LSD
- Phencyclidine, also known as PCP
Illegal Prescription Drugs:
Penalties for Drug Possession in Florida:
The severity of the penalty for drug possession depends upon a number of factors, such as the specific type of drug involved, the amount or weight of the drug involved, the circumstances surrounding the possession, and whether or not you have a criminal history. In most cases, the more drugs you have in your possession, the worse sentence you will receive. For instance, possessing a large quantity of cocaine, marijuana, meth or even a prescription drug can turn a possession charge into a drug trafficking charge which has very serious mandatory minimum prison sentences if convicted.
All drug crimes in Florida are prosecuted as felonies with the exception of possession of under 20 grams of marijuana which is classified as a misdemeanor.
Possession of a controlled substance
- third degree felony
- punishable by up to 5 years in jail, 5 years of probation and $50,000 fine
Possession of more than 10 grams of heroin
- maximum sentence of 30 years in prison, $10,000 fine
Possession of LSD
- punishable by 5 to 30 years in prison
Possession of Marijuana
- under 20 grams is a misdemeanor punishable by up to one year in jail and a $1,000 fine
- more than 20 grams is a third degree felony punishable by up to 5 years in prison, 5 years of probation, and a fine up to $5,000
Possession of Vicodin or OxyContin
- third degree felony
- up to 5 years in prison, 5 years of probation, fine up to $5,000
Possession of Drug Paraphernalia:
It is illegal to use, possess, sell, transport, manufacture or advertise paraphernalia associated with drug activity. Paraphernalia is equipment used to produce, conceal, or consume illicit drugs and may include bongs miniature spoons, pipes, needles, razor blades, plastic baggies, etc.
Penalties for possession of drug paraphernalia:
– include up to one year in jail and a $1,000 fine
Drug Possession With Intent to Sell:
Being charged with possession of a controlled substance with intent to distribute adds a higher degree of seriousness to any drug-related charge. Evidence that can be used to prove intent to sell may include scales and baggies, large amounts of money or contraband.
The minimum mandatory sentence for possession with intent to distribute drugs begins at three years in state court and five years in federal court.
If you have been arrested for drug possession in Fort Lauderdale or elsewhere in Broward County call 954-400-5000 for a consultation