A Controlled Substance Lawyer is paramount when you are charged with the possession of a controlled substance, which involves the possession of drugs or drug paraphernalia. A controlled substance is defined by federal laws as well as various state laws.
You’ll need the assistance of a Controlled Substance Lawyer when your controlled substance charge is determined by the police in these three ways:
- Actual Possession—when you physically have control over the substance.
- Constructive Possession—when the substance is found on or around the person’s property. More than one person can be charged with constructive possession of the same substance.
- Shared Possession—a defendant can be convicted of possessing a controlled substance or drug if the prosecution can establish the accused had partial control of the substance and shared it with another person.
Possession of a controlled substance is often established during investigations of other crimes. For example, if a suspect is subjected to a pat-down search for a violent crime and drugs are found in their pocket, they might be charged with possession of a controlled substance in addition to the violent crime.
An experienced Controlled Substance Attorney can ensure that police had followed legal procedures in their search and discovery of a controlled substance. Illegal search or coercion or violence during search and seizure can result in the case being dismissed.
Penalties for possession of a controlled substance depend on how the substance is classified, which can be found in the state listing of controlled substances. They’re generally organized according to how dangerous the drug is and its potential for treatment versus potential for harm. A qualified Controlled Substance Attorney is well versed in all Federal and State laws and their varying classifications.The Law on the Possession of a Controlled Substance in Florida
Under the Florida Comprehensive Drug Abuse Prevention and Control Act, there are five different drug schedules that separate drugs on their potential for abuse. Schedule V has the lowest potential for abuse and Schedule I has the highest. Florida Statute 893.13 states that, “…a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.”
Under Florida Statutes 775.082 and .083, being convicted for possession of a controlled substance is a third-degree felony and is punishable by up to five years in a Florida state penitentiary or a $5,000 fine. A repeat offender (previously convicted of one or more felonies) can face up to 10 years in a Florida state penitentiary.
Why You Need a Controlled Substance Abuse Attorney
Substance abuse that leads to a possession charge is no laughing matter. Florida is strict on controlled substances, so it’s important to work with an attorney on your case. An experienced attorney can look at the facts of your case and find a defense that can keep you out of prison. For example, if you are arrested for a prescription drug that you lawfully obtained by getting a prescription from a doctor, you may have a defense against a conviction. No Florida law states that states that you must carry prescription drugs in a prescription bottle. This defense also covers people who care for others (known as authorized persons) that use prescription drugs. For example, if you are carrying loose prescription pills in a backpack because you routinely help your mother with her medication and you are arrested for possession of a controlled substance, you may have a strong defense against prosecution. This is where an experienced attorney can help you win your case.
Keep Your Freedom
When you’re in the middle of a criminal case, it can feel like you’re all alone and that there is no hope. It’s important to understand that you have several legal options and that an experienced attorney can help you make the right decision in your case.
Picking the wrong lawyer can cost you your freedom. This is one the biggest decisions of your life so please pick an experienced attorney who can help you avoid jail time. If you would like to contact an attorney who can help you with your case in Fort Lauderdale, please call Lowry Legal at (954) 848-2824.