Key Defenses To Drug Possession Charges In Florida

Florida’s attitude toward drug-related offenses is harsh, arguably among the harshest in the country. Even a charge of simple possession, with no intent to traffic or sell a controlled substance, can still result in a felony charge in some cases. That said, there are several defenses available to someone in this position, and the right attorney can make them work for you.

Mistakes Or Oversights By Law Enforcement. This is less common than the average person might think, but it does happen in Florida, particularly in cases where there are multiple defendants. From probable cause to chain of custody questions that affect the admissibility of evidence, law enforcement officers (LEOs) have many opportunities to make mistakes – and LEOs are human, so it sometimes will occur.

No Evidence Of Possession. If a person is charged with possessing a controlled substance in Florida, they must either have been stopped with the substance on their person, or it must be shown that they had what is known as constructive possession of the drugs. Constructive possession is a legal concept that holds that if a person had “dominion and control” over where drugs were found, and they knew the drugs were illegal to possess, they can be said to possess them. Arguing that you lacked ‘dominion or control’ can torpedo this prong of the prosecution’s claim.

In addition, constructive possession is much more difficult to establish when the defendant was arrested in a public place. Florida’s courts of appeals have stated that more than “mere proximity to the defendant” is required to establish constructive possession – so, if a person is, for example, stopped in a park where drugs are found, their mere presence is not enough to establish possession.

Prescription Or Medical Card. State and federal law group controlled substances in ‘schedules,’ with Schedule I being for the most dangerous substances and Schedule V the least. However, a doctor’s prescription (or a medical cannabis card) for a controlled substance gives the holder express permission to possess a certain amount of that substance. For example, alprazolam (Xanax) is a Schedule IV drug in Florida, but it can help treat conditions like generalized anxiety disorder – thus, a doctor may give a genuine patient a prescription for it, immunizing that person from any charges for possession.

Contact A West Palm Beach Drug Possession Attorney

Even though there are defenses one can put forth against Florida drug charges, the specter of being convicted is one that should be taken seriously. A West Palm Beach drug possession attorney from Perlet & Shiner, P.A. can help answer your questions about the legal process, and work hard to make sure your rights are protected. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

courtlistener.com/opinion/1770969/davis-v-state/