Orlando Drug Possession Lawyers

Act Now to Protect Your Future

Drug possession is one of the most common drug crime charges in Florida and nationwide. Drug possession covers a wide range of charges, including misdemeanors and felonies. Both federal law and state law prohibit the possession of certain controlled substances, under specific circumstances, both illegal drugs and prescription medications.

If you are facing misdemeanor drug possession charges, hiring an experienced drug possession lawyer in Orlando is the best way to protect your future and your freedom. Although misdemeanor charges are less severe than felony charges, you could still be subjected to probation, fines, and jail time. Our team of criminal defense attorneys has years of experience defending clients from various drug charges, and we are confident we have the legal skills you need on your side.

Please don’t hesitate to reach out to our team today. Contact our law office for a free consultation by calling 407-743-8430.

What Is Drug Possession?

Drug possession charges are typically assigned to offenders who are found with an excess of drugs in their possession. Drug possession is different from possession with the intent to sell or distribute. The intent to sell or distribute is often added onto charges when offenders possess a large amount of drugs that are considered too much for personal use.

The prosecution must prove three elements of the crime to secure a drug possession conviction. They must establish the illegal nature of the controlled substances, your knowledge of the drug, and your control of the drug. Control refers to having ownership of the drug or its location.

For instance, if you are found with drugs locked in your work locker, you can be charged with drug possession even though the drugs were not on your person. Because you are the only person with reasonable access to this location, you have “control” over the illegal substances.

Similarly, you must have clear and defined knowledge of the illegal nature of the drugs. While naivety on its own is typically not a solid defense, simply knowing that “something illegal” is in your home is not enough to charge you with drug possession.

When is Drug Possession a Misdemeanor?

Drug possession charges can be classified as misdemeanor possession or felony possession. In most cases, your charges depend on the amount of drugs alleged to have been in your possession. Once you exceed a certain amount, your charges are automatically upgraded to the felony level.

In most cases, if you are found with up to 20 grams of marijuana, you can be charged with a first-degree misdemeanor. For other illegal substances, more than 10 grams is automatically a third-degree felony. If you are found with more than 10 grams of a Schedule I drug, you could be charged with a first-degree felony.

Although misdemeanor offenses typically carry fewer severe consequences than felony offenses, you can still face penalties that impact your life in many ways. Jail time, expensive fines and probation are likely, even for drug possession without trafficking charges. If you have been charged with drug possession, contact an experienced criminal defense lawyer on our team immediately.

What Are the Penalties for a Drug Possession Charge?

The penalties for a drug possession charge depend on the drug you are found with. Drug offenses often carry severe penalties, as Florida law enforcement finds drugs to be very dangerous to the general population.

Below are just some of the penalties you could face for a misdemeanor drug crime:

364 days in jail
One year on probation
$1,000 in fines
One year of a driver’s license suspension

While on probation, you may be required to complete rehabilitation at a licensed treatment center. You may also be required to complete community service and undergo random drug tests before your probation is complete. Reach out to a drug crime lawyer on our team today for more information.

What Are the Most Common Defenses Against a Drug Possession Charge?

Your specific defense strategy will depend on the nature of your charges and the substances in the case. However, some common defense strategies may be relevant to your drug possession case.

The most common defenses against drug possession charges include:

Illegal Search and Seizure

Every individual has the right to maintain security in their home. If a law enforcement officer completes an illegal search to find drugs or drug paraphernalia, our team can argue that the entire case against you is unlawful.

Lack of Knowledge

It could be argued that you had no knowledge of the illegal substance in your possession. This is a valid defense if you can prove that someone else maintained control of the drugs.

Constructive vs. Actual Possession

Actual possession of a controlled substance refers to having an illegal drug on your person. Constructive possession refers to having an illegal drug in a place over which you have control. If this area is a common space where more than one person has access, prosecutors may be unable to prove possession.

How Can a Defense Attorney Help Me?

Although misdemeanor possession charges are less severe than felony possession charges, they still come with criminal penalties, leaving you with a permanent criminal record. The criminal justice system is especially tough on drug crimes, even for first-time offenders. Fortunately, you can defend yourself by working with the drug possession lawyers on our team.

At The Defense Group, we have years of experience helping clients reduce or remove the penalties they are facing in drug possession cases. We are confident that we can help you with any drug-related charges you are facing. For more information and to receive a free consultation, call our office at 407-743-8430.

FAQs About Misdemeanor Drug Possession in Orlando

If you are facing a misdemeanor drug possession charge in Orlando, you probably have many questions. The stakes are high, even for a misdemeanor, and the legal system can be intimidating. Here we answer some of the most common and pressing questions about Florida misdemeanor drug possession laws.

Will I Go to Jail for a First-Offense Misdemeanor Drug Possession Charge?

The answer depends on several factors, including the circumstances of your arrest, your prior criminal history, and the judge hearing your case. Many first-time offenders are eligible for pretrial diversion programs or probation as alternatives to incarceration. However, aggravating factors, such as possession near a school, resisting arrest, or a prior criminal record, can make jail time more likely.

What Should I Expect at My First Court Appearance?

After an arrest for misdemeanor drug possession, the first court appearance is typically an arraignment. This is where you will hear the charges against you and enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your defense attorney may negotiate for a reduced charge, a diversion program, or other alternatives.

How Does Florida’s Stand on Legalization of Marijuana Affect My Case?

While medical marijuana is legal in Florida, recreational marijuana is not. Unless you have a medical marijuana card, possession of 20 grams or less is still a misdemeanor under state law.

Can the Charges Be Dropped for Misdemeanor Drug Possession?

Yes, under certain circumstances, the charges may be dropped. Our seasoned criminal defense attorneys can evaluate your case and explore all possible defenses. The following are common reasons for dismissal of misdemeanor drug possession charges:

Illegal search and seizure: If law enforcement conducted an unlawful search, violating your Fourth Amendment rights, any evidence obtained in that search may be thrown out, and the case may be dismissed.
Lack of possession: If the drugs were not on your person and the prosecution cannot produce clear evidence tying them to you, the case against you may not hold up in court.
Diversion programs: Like other Florida counties, Orange County offers pretrial diversion programs for misdemeanor offenses. Successful completion of such a program can result in dismissal of the charges.

How Can a Drug Possession Charge Affect My Driving Privileges?

Any drug conviction can result in driver’s license suspension. Under Section 322.055 of the Florida Statutes, an adult convicted of possession, sale, or trafficking of a controlled substance will have his or her driving privileges suspended for six months or until completion of a drug treatment program. License suspension is a serious consequence, as it can make it difficult to get to work or school or fulfill other obligations. If the court finds compelling circumstances to warrant an exception and the individual meets the legal criteria, driving privileges could be reinstated, but only for employment or business purposes

Can Medical Marijuana Patients Be Arrested for Possession?

Yes, medical marijuana patients can be charged with possession. Florida residents may qualify for medical marijuana use with a diagnosis by a certified physician of a qualifying condition, such as cancer, epilepsy, glaucoma, HIV, AIDS, ALS, MS, Crohn’s disease, Parkinson’s disease, or PTSD. If you qualify, you will be added to the Medical Marijuana Use registry and issued a license. However, the following restrictions apply:

You must be 18 years of age or older.
You must purchase marijuana from a state-approved dispensary.
The maximum amount of marijuana flower you can carry at a time is four ounces.
You may not use medical marijuana on any public transportation, in any public place, or on school grounds.
You may not use marijuana while operating a personal vehicle, such as a car or a boat.

Following state regulations is crucial. Failure to do so could lead to an arrest.

Does Possession of Drug Paraphernalia Qualify as Drug Possession?

Possession of drug paraphernalia is a separate misdemeanor charge in Florida. It carries penalties that may include up to 12 months in county jail and up to $1,000 in fines. This charge often accompanies other drug-related charges, such as possession of marijuana or possession of drugs with intent to sell.

Can I Be Charged With Possession If the Drugs Were Not Mine?

You can still be charged with possession, even if the drugs did not belong to you. The prosecutor may argue constructive possession, meaning you had control over and access to the drugs. A skilled criminal defense lawyer can challenge whether you knowingly had possession of the drugs.

What If I Was Caught With Drugs in a School Zone?

Florida has designated drug-free zones and imposes the heaviest penalties for those accused of drug-related crimes within these zones. Anywhere within 1,000 feet of a public or private elementary school, middle school, high school, or university is considered a drug-free zone. Possession in such a location could lead to enhanced penalties, such as higher fines, additional probation requirements, and mandatory community service.

Schools are not the only drug-free areas in Florida. The drug-free zone designation also applies to childcare facilities, community centers, parks, public recreation areas, assisted living facilities, and places of worship. Allegations of possession in any of these areas could lead to steeper penalties.

Can a Drug Possession Charge Affect College Admissions or Job Prospects?

A conviction for drug possession can show up on background checks, potentially affecting college admissions and future employment prospects. Certain professions, particularly those that require professional licensing, such as healthcare or law enforcement, have strict policies on drug convictions. A conviction for possession of illegal drugs may disqualify you from receiving federal student aid.

Can I Refuse to Take a Drug Test While on Probation?

If you are placed on probation for a misdemeanor drug conviction, you may be required under the terms of your probation to submit to random drug tests. Refusing to take a drug test or failing a drug test could lead to probation violation charges, which could result in jail time or additional penalties.

What Should I Do If I Am Arrested for Misdemeanor Drug Possession?

If you are arrested for drug possession, it is important to remember your constitutional rights and do the following:

Remain silent: Anything you say can and will be used against you.
Do not consent to a search: If police ask to search your home or vehicle, you have a right to refuse unless they have a valid warrant.
Contact a criminal defense attorney immediately: You have the right to an attorney, and legal representation can make a significant difference in the outcome of your case.

Why Choose Us for Misdemeanor Drug Possession Charges?

The Defense Group is a nationally recognized Florida criminal defense law firm. Our attorneys have more than 100 years of combined experience. Our firm has been featured in the news, including ABC, CBS, NBC, CNN, and Fox News. Our number one priority is protecting your freedom.

Our team of skilled defense lawyers have backgrounds in a wide range of criminal matters, and we know how to handle your case to get the best possible outcome. If you are facing misdemeanor drug possession charges, we can help you reduce or even remove the consequences you are facing. Contact us at 407-743-8430 to find out how we can help.