Drug Possession

Drug Possession | Melbourne Criminal Defense Attorney

If you have been arrested for drug possession in Brevard County, FL, then retaining an experienced criminal attorney is your best protection against the harsh penalties that drug convictions can carry. Both federal and state law prohibits possession of certain drugs known as “controlled substances”. Controlled substances include both illegal narcotics and certain pharmacological drugs as well.

The attorneys at The Canina Law Firm have well over 50 years of combined experience defending against all types of drug possession charges. 100% of our practice is devoted to criminal defense.

If you or a loved one have been arrested for a drug possession crime, you probably have many questions.  How will the arrest affect my employment?  What will my family think?  How will this affect the financial stability of me and my family?  A simple mistake can lead to years of negative consequences.  If convicted, your criminal record can follow you for the rest of your life.  If you are facing a drug possession charge, contact our  Brevard County drug crimes attorneys today for a FREE case evaluation. We can help plot the course of your defense.

Drug Possession Penalties In Florida

The penalties for possessing of an illegal drug in Florida can vary greatly, and what may seem like a minor offense can carry severe punishments.  For example, a conviction for misdemeanor possession of 20 grams or less of marijuana can still fetch up to 364 days in the county jail, 1 year of probation, a $1,000 fine, and/or the loss of your Florida driver’s license for 1 year. Felony charges such as possession of cocaine, heroin, methamphetamine, ecstasy, and illicit prescription drugs can be punishable by long prison sentences.  With felony drug possession charges, the potential penalty increases with the amount of drugs involved. Learn More

Some of the most commonly charged crimes involving illegal drug possession are:

• Misdemeanor Possession of Marijuana
• Felony Possession of Marijuana
• Possession of Cocaine
• Possession of Heroin
• Possession of Oxycodone/Roxycodone
• Possession of Hydrocodone
• Possession of Alprazolam (Xanax)
• Possession of MDMA (Ecstacy)
• Possession of Methamphetamine

Constructive vs. Actual Possession

Valid legal defenses may exist in a possession case. One such defense is constructive possession. Unlike actual possession (in which the accused has the substance – whether in a container or not -on his/her person, in his hand, or so close as to be within ready reach of the person in his/her control),  constructive possession means that the substance is in a place over which the defendant has control, or in which the defendant has concealed it.  If the substance was found in a place over which more than one person had access to (such as in a jointly occupied room, residence, car, or hotel room), the state would have to prove that the accused had dominion and control over the substance and knowledge of the presence of the substance. Constructive possession cases can be tricky for the prosecution to prove at trial.

Illegal Searches and Seizures

The Fourth Amendment to the United States Constitution provides for “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and that no warrants shall be issued without probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Many times, law enforcement will exceed the scope of their authority and order people to submit to searches of their person, home, car, or possessions without lawful grounds. Coercive tactics often come into play. If our attorneys can show a violation of your fourth amendment rights, the courts may suppress the evidence obtained as a result of the illegal search/seizure, which can result in a dismissal of your case.

Lack of Knowledge Of Illicit Nature

It is an affirmative defense to a drug possession charge if it can be shown by the defense that the accused person simply did not know the substance that he/she had possession of was an illicit substance.

The Canina Law Firm | Brevard County Drug Possession Defense Attorney.

If you have been arrested or believe that you might be arrested for a drug offense in Brevard County, FL, you should immediately contact an aggressive criminal defense attorney who is experienced in handling these matters.

At The Canina Law Firm, our firm sets itself apart from others in the level of personal service that we provide. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way.  With well over 50 years of combined legal experience defending against drug charges in Florida, our attorneys will work hard to get you the best result possible.

The Canina Law Firm proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. We also serve neighboring Volusia County, Orange County, Seminole County, Osceola County, and Indian River County.

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