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Miami Possession of a Controlled Substance Lawyer
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Possession of an illegal drug is one of the most common criminal offenses in Florida, and it is almost always charged as a felony offense. A conviction not only carries possible incarceration and fines, but having the charge on your criminal record can lead to profound long-term consequences affecting employment, educational careers, and professional licensing. At The Hoffman Firm, our Miami possession of a controlled substance lawyer can help you fight the charges and protect your future.
Possession of a Controlled Substance Charges in Florida
Florida law prohibits possession of a controlled substance unless the controlled substance, “was lawfully obtained…” Criminal possession means that an illegal drug was on the alleged offender’s person or in his or her physical custody. Examples of actual possession include controlled substances being found in the hands, pockets, or purses of alleged offenders.
Constructive possession is a different charge that is more difficult to prove, as this concept involves illegal drugs being found in a location over which the alleged offender had dominion and control. People may be charged with constructive possession of a controlled substance when drugs are found in their cars or apartments.
Drug possession is generally a third degree felony in Florida, although possession of a Schedule V drug is a first degree misdemeanor. The amount of the illegal drug in question is critical, as excess amounts of certain controlled substances can lead to alleged offenders being charged with the more serious crime of drug trafficking.
A drug possession charge will not be increased to a trafficking charge so long as the amount in question is:
- Less than 28 grams of cocaine
- Less than 10 grams of 3,4-Methylenedioxymethamphetamine (MDMA, Molly, or ecstasy)
- Less than 14 grams of methamphetamine
- Less than 4 grams of an opiate, such as heroin, hydrocodone, oxycodone, morphine, opium, or codeine
- Less than 4 grams of flunitrazepam (Rohypnol or “roofies”)
- Less than 1 kilogram of gamma-hydroxybutyric acid (GHB)
- Less than 28 grams of phencyclidine (PCP or angel dust)
A conviction can result in up to 5 years in prison and fines of up to $5,000, unless it is a Schedule V drug charge, in which case the penalties could be up to a year in jail and a fine of up to $1,000.
Contact an attorney immediately to ensure your freedom and escape legal penalties. Call (305) 928-1669 or fill out our online contact form if you are in Miami. Call 954-737-3004 if you are in Broward County. Se habla español.
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