Defending Against Drug Possession Charges in Florida

Facing drug possession charges in Florida can be a daunting experience. Whether it’s a small amount of marijuana or a controlled substance from a higher drug schedule, the consequences of a conviction can be severe. However, with the guidance of an experienced criminal defense attorney, you can fight back against these charges using a range of proven strategies. Understanding your legal rights and working with a skilled attorney can mean the difference between a conviction and walking away with your record intact.

What Are Florida’s Drug Possession Charges?

Under Florida Statute 893.13, it is illegal to knowingly possess a controlled substance. That means you could be charged with a crime for possessing marijuana, cocaine, LSD, and other drugs, including some prescription medications. Drug possession charges range from misdemeanors to felonies, with the kind of drug and the amount on your person affecting your charges.

What Kind of Penalties Can a Drug Possession Charge Carry?

If you’re convicted of drug possession in Florida, you could be sent to prison for years or be ordered to pay thousands of dollars in fines. You may also lose your driver’s license, have trouble securing employment, or struggle to find housing because of your criminal record.

How Should I Start My Defense Against Drug Possession Charges?

Each situation is different, but if you’ve been accused of possessing drugs in Pensacola, you should know the general steps to take to start your defense. You should contact a Pensacola drug possession defense attorney to discuss your options, but you can begin building your case on your own.

Step 1: Examine the Police Conduct Around Your Arrest

The first line of defense in a drug possession case often involves scrutinizing the actions of law enforcement officers. Under both state and federal laws, police must adhere to strict guidelines when stopping, searching, or questioning you. If these guidelines are violated, your constitutional rights may have been infringed, and the evidence against you could be ruled inadmissible.

Challenging Illegal Searches and Seizures

The Fourth Amendment protects you from unlawful searches and seizures. This means that unless officers have probable cause or a valid warrant, they cannot legally search your person, vehicle, or home. For example:

• Unlawful traffic stops: If you were pulled over without a valid reason, any evidence collected during the stop may be thrown out.
• Improper use of drug-sniffing dogs: Evidence obtained through canine searches must follow strict procedural rules. Failure to meet these requirements can lead to the evidence being suppressed.
• Warrant issues: If police searched your property without a warrant or used a warrant with incomplete or false information, their actions may be challenged.

Check For Interrogation Violations

The Fifth and Sixth Amendments guarantee your right to remain silent and to have legal counsel present during questioning. If law enforcement violated these rights—for example, by continuing to question you after you invoked your right to an attorney—the statements you made may not be admissible in court.

Step 2: Challenging the Evidence

In any drug possession case, the prosecution must prove beyond a reasonable doubt that you knowingly possessed a controlled substance. If there are gaps or weaknesses in the evidence, your attorney can exploit them to your advantage.

What is Actual vs. Constructive Possession?

Possession charges can fall into one of two categories:

• Actual possession: The drugs are found on your person, such as in your pocket or bag.
• Constructive possession: The drugs are found in a location you control, such as your car or home, but not directly on you.

Proving constructive possession requires demonstrating that you had knowledge of the drugs and control over the area where they were found. For instance, if drugs were discovered in a shared vehicle or a house with multiple occupants, it can be difficult for the prosecution to prove that you were aware of the drugs or intended to possess them.

Questioning the Chain of Custody

Drugs and other evidence often pass through multiple hands before reaching the courtroom. If there are discrepancies in how evidence was handled, it may be possible to argue that the chain of custody was broken, casting doubt on the reliability of the evidence.

Any Substance Needs Tested

It’s not uncommon for substances that resemble drugs to turn out to be harmless. Your attorney can demand lab testing to confirm whether the seized material is, in fact, a controlled substance. If the prosecution cannot produce conclusive test results, their case may fall apart.

Step 3: Exploring Alternative Programs

For first-time offenders or those with minimal criminal histories, Florida offers diversion programs that can lead to a dismissal of charges.

You May Qualify for Pretrial Intervention (PTI)

Pretrial Intervention (PTI) is a program designed for nonviolent offenders. Participants must complete certain conditions, such as community service, drug treatment, or fines. Upon successful completion, the charges against you are dismissed, allowing you to move forward without a criminal record. These programs are particularly beneficial for individuals facing misdemeanor possession charges or small quantities of controlled substances. An attorney can help determine whether you qualify and negotiate your participation with the State Attorney’s Office.

Step 4: Start Building a Strong Defense

A strong defense begins with a thorough investigation of your case. Your attorney will:

• Review police reports, body camera footage, and other documentation for procedural errors.
• Interview witnesses or co-defendants to build a timeline of events.
• Work to identify weaknesses in the prosecution’s evidence.

The Importance of Working with a Criminal Defense Attorney

Defending against drug possession charges requires a deep understanding of Florida’s legal system and drug laws. An experienced attorney can identify the best strategies for your case, negotiate with prosecutors, and, if necessary, present a compelling argument in court. At our Pensacola criminal defense firm, we have a proven track record of defending clients against drug charges in Escambia County and across Florida. Whether challenging unlawful searches or negotiating alternative sentencing options, our team is committed to protecting your rights and your future.

Call to Protect Your Future Today

The consequences of a drug possession conviction can extend far beyond jail time, including loss of employment opportunities, eligibility for public housing, and damage to your reputation. Don’t face these charges alone—contact Mitkevicius Law today for a free consultation and let us fight for your rights.

Call 850-361-2142 or use our online form to schedule your free consultation with a skilled Florida drug lawyer.