If you have been accused of having a controlled substance under your direct control, contact a Key Largo drug possession lawyer from Keys Criminal Defense, PLLC as soon as possible. Florida’s law enforcement and court authorities tend to prosecute drug possession offenses extremely harshly, even for first-time offenders with no prior criminal record. The support of a capable drug attorney is essential to building a strong defense strategy against drug charges and minimizing the long-term harm of an arrest.
Following the example set by federal drug laws, the state classifies controlled substances into one of five schedules based on the potential for abuse and/or legitimate medical uses. Schedule I drugs are broadly classified as the most dangerous, while Schedule V drugs are considered the least dangerous. Anyone in the state found in actual or constructive possession of a scheduled substance may be charged and prosecuted under Florida Statutes § 893.13 for unlawful drug possession.
In this context, actual possession of a controlled substance means that the drug is physically in your hands or on your person. Controlled possession means that police officers inferred that you had direct access to and control over a drug near you or inside something you own, such as a house or a personal vehicle. Prosecutors must prove that you knew about the existence and nature of a controlled substance to convict you of criminal drug possession. Your Key Largo drug possession attorney could challenge such assertions as part of your defense.
The severity of a drug possession offense changes drastically depending on the schedule(s) of the drug(s) in question. For example, possession of a small amount of a Schedule V substance may only be treated as a first-degree misdemeanor. However, possession of a Schedule I substance can be prosecuted as a second-degree or even as a first-degree felony if you were found in possession of more than 10 grams of the substance and/or possessed it within 1,000 feet of a school or other public property.
Possession of threshold amounts of certain substances establishes the presumption that you intended to sell them, resulting in greater penalties upon conviction. Our Key Largo lawyers can further explain the potential penalties associated with your specific drug possession charge(s) during a private consultation.
Being caught with drugs on your person or being accused of having direct access to a controlled substance can be a life-changing ordeal. However, an experienced Key Largo drug possession lawyer may be able to help you resolve the issue as effectively as possible.
The dedicated attorneys at Keys Criminal Defense, PLLC can review your case and offer legal guidance on your next steps during a confidential consultation. Contact us today to schedule a meeting.
