Felony Marijuana Possession Lawyer in Miami
Also Fighting for Lawful Treatment in Fort Lauderdale
Possession of more than 20 grams of cannabis in Florida is a felony offense, and the consequences can have severe long-term consequences for alleged offenders. In addition to lengthy prison sentences and enormous fines, people can experience numerous hardships relating to employment and public benefits, as well as the loss of certain basic rights. Alleged offenders need to explore all of their legal options in order to ensure that they can achieve the most favorable resolutions to their cases. With decades of experience, Evan Hoffman is the Miami felony marijuana possession lawyer you want on your side.
Penalties for a Conviction
Possession in these cases may be actual or constructive. Actual possession is when an alleged offender has marijuana in his or her hands, on his or her person, in a container in his or her possession, or the cannabis is so close as to be within ready reach and under his or her control. Constructive possession involves the alleged offender being aware of the presence of marijuana that is in a place over which he or she has control.
The statutory maximums of a sentence for a third degree felony include:
- Up to 5 years in prison
- Fine of up to $5,000
- 1-year revocation of driver’s license
It is important to note that felony possession of marijuana becomes the crime of drug trafficking when an alleged offender possesses more than 25 pounds of cannabis.
Defending against the Charges
An arrest for marijuana possession is not the same as a conviction. The prosecutor still needs to prove an alleged offender’s guilt beyond a reasonable doubt, and there may be several defenses that a lawyer can raise.
Some common defenses in felony cannabis possession cases can include:
- Illegal Search and Seizure — The Fourth Amendment of the United States Constitution provides the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. If law enforcement discovered marijuana after an illegal stop of your motor vehicle or an illegal search of your property, the evidence may be suppressed and the criminal charges will typically be dismissed.
- Unknowing Possession — The Florida Standard Jury Instructions for possession of a controlled substance offenses require the State to prove that an alleged offender knew of the presence of the controlled substance. If a person who was arrested for felony cannabis possession did not know that another party had left or was storing marijuana in the alleged offender’s motor vehicle or other property, the alleged offender may be able to invoke the affirmative defense of unwitting possession.
- Medical Necessity — While Florida has enacted certain medical marijuana laws, the acts have been largely limited. Some Florida courts have recognized use of the medical necessity defense in cannabis possession cases, and an alleged offender may be able use necessity as a defense if he or she can prove that his or her medical danger or emergency created a “real, imminent, and impending” harm that threatened the alleged offender. This defense can be successful when it can be proven that the harm the alleged offender needed the cannabis to avoid outweighed the harm caused by possessing marijuana.
Now is the time to work on your defense strategy. The Hoffman Firm can help.
We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.
Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of Experience
Attorney Evan Hoffman has over two decades of experience fighting for the accused.
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Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
Proven Track Record
Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.
Florida Former State Prosecutor
Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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