The crime of possession of an illegal drugs applies to the possession of illegal substances and also legal substances if the person possessing the drug does not have a valid prescription. Possession illegal drugs such as cocaine, heroin, methamphetamine, and the possession of a controlled substance without a valid prescription such as Xanax, Roxicodone, Hydrocodone, Oxycodone, Soma, is a felony punishable by up to 5 years in prison and 5 years of drug offender probation.
If you have been arrested or accused of possession of an illegal or controlled substance it is important to contact an experienced attorney to fight against these auctions. Often times individuals are arrested for drug possession as a result of an illegal search, seizure, or traffic stop. When reviewing your case, we start from the time of the original police encounter and move to the time of arrest to determine if any portion of the police action was unlawful. An officer can only search a person pursuant to a protective sweep, in an exigent or emergency situation, incident to an arrest, with your consent, in hot pursuit, to conduct an inventory search, or in the course of a pat down or frisk. If your police encounter was unlawful, then any evidence obtained after the unlawful action can not be used against you.
In order to prove possession of drugs the State of Florida must prove that you either (1) actually possessed the drug or (2) constructively possessed the drug. To prove constructive possession the state will have to establish that you had (1) dominion and control over it (2) knowledge of its presences and (3) knowledge that it was marijuana. If the State cannot prove that you possessed the marijuana your charge nay be dismissed.
If you have been arrested for possession of a controlled substance or possession of an illegal drug contact Anthony Rickman for a free consultation.