If you have been charged with Possession of a Controlled Substance in Florida, you can face very harsh penalties. This offense can be penalized as both a Florida offense and/or a federal offense. Possession of a Controlled Substance can lead to prison time and/or fines, in addition to repercussions in your daily life.
A Controlled Substance is defined as a prescription medication, an illegal drug, or any other banned substance that has the potential to be abused, lead to addiction, or can result in physical or mental harm. These substances may be prescribed by a doctor, but may also not be for legal sale or use.
Tallahassee Drug Possession Defense Lawyer
If you have been charged with Possession of a Controlled Substance in Leon County, an experienced attorney can analyze the particular facts of your case to find potential defenses or circumstances mitigating your charge. Don Pumphrey, Jr. is knowledgeable about Florida’s drug laws, and can find the best possible outcome for your alleged offense. If you have been charged in Florida with Possession of a Controlled Substance, contact Don Pumphrey, Jr. today for a consultation about your alleged offense in Tallahassee.
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Possession Defined in Florida
Possession in Florida can be defined as actual or constructive possession. The degree of possession can be a mitigating circumstance if someone is charged with possession of a controlled substance. If the prosecution is unable to prove an alleged offender had either actual or constructive possession of the controlled substance, they will be unable to charge the alleged offender with a possession charge.
Actual possession is commonly defined as direct control over the controlled substance, or the controlled substance is actually on your body.
Constructive possession has a more vague definition. This type of possession requires the alleged offender to be aware of the controlled or illegal substance, they knew the substance was illegal, and the illegal substance was in the vicinity of their presence, or close enough for the person to actually possess the controlled substance.
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Florida Drug Schedules for Possession of a Controlled Substance
According to Florida Statutes § 893.03, controlled substances in Florida are classified into various schedules, from Schedule I to Schedule V. Schedule I drugs have the most serious penalties, whereas Schedule V drugs incur very light punishments.
- Schedule I drugs have a high potential for abuse and no acknowledged medical use in the United States. Some examples of controlled substances in this category are GHB and heroin.
- Schedule II drugs have a high potential for abuse and a very limited accepted medical use in the United States. Common examples of controlled substances in this category are opium, cocaine and morphine.
- Schedule III drugs have a potential for abuse, but lower than Schedule I or II drugs and an accepted medical use in the United States. Examples of controlled substances in this category are barbituic acid and anabolic steroids.
- Schedule IV drugs have a lower potential for abuse than Schedule III drugs and accepted medical uses in the United States.
- Schedule V drugs have the lowest potential for abuse and accepted medical uses in the United States.
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Penalties for Possessing a Controlled Substance in Florida
Florida Statutes § 893.13 defines the penalties for Possession of a Controlled Substance in Florida.
A conviction for Possession of a Controlled Substance in Schedule V is a misdemeanor of the first degree. This conviction is punishable up to one year in jail and/or fines up to $1,000.
Possession of a Controlled Substance in Schedule I, II, III or IV is a felony of the third degree. This felony can involve Florida prison time of five years or less and/or fines up to $5,000.
Convictions under federal statutes for Possession of a Controlled Substance can be much more severe, and a prison sentence will be served in federal prison.
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Options to Fight Possession of a Controlled Substance
There are options to fight a possession of a controlled substance offense in Florida. For example, your constitutional rights may have been violated. If the arresting officers conducted an unreasonable search and seizure, or illegally searched you, your home or person, your attorney may be able to file a motion to suppress.
A motion to suppress can be used to suppress evidence found through an illegal search. Anything found in an illegal search is inadmissible, and this type of motion would prevent the prosecution from using this evidence against you.
The Constitution also offers protection against self-incrimination. This frequently occurs where an officer fails to read someone their Miranda Warnings. If information was obtained from you in violation of this right, it cannot be used to charge you with Possession of a Controlled Substance. If the information was necessary to lead to your charge, then the possession charge can potentially be dismissed.
Other options to fight a Possession of a Controlled Substance charge include mistaken identity, lack of evidence to justify the charge, inability to show possession of the controlled substance, or entrapment.
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Possession of a Controlled Substance Attorney
If you have been charged with Possessing a Controlled Substance in Leon County, Wakulla County, Jefferson County, or a nearby area, contact the Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case. It is important to hire a knowledgeable attorney who can help you find the best possible outcome for your charge. Lawyer Don Pumphrey, Jr. has represented those accused of drug crime in Tallahassee, Florida, and will aggressively fight your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged drug possession offense.