If you’ve been arrested for drug possession and face charges in Florida, you may feel overwhelmed and anxious about what legal consequences you may experience.
Even if this is your first time being charged with drug possession, it’s vital that you hire criminal defense lawyers to help you understand how to get drug possession charges dropped and whether that’s an option in your particular circumstances.
At Cruz Law, we are a team of criminal defense lawyers dedicated to helping people who have been charged with crimes of all types, including drug possession. Learn more about what a first-time drug possession charge means and what your options are.
What Is First-Time Drug Possession in Florida?
A first-time drug possession charge in Florida stems from being found to have a controlled substance in your possession without a valid prescription for a currently accepted medical use.
To be charged with this crime, the substance has to be found on your person or it must have knowingly been in your presence and in your control. An example of the latter situation would be if police found cocaine in the drawer of your bedside table and no one else shares the room with you.
People who have never been convicted of a drug possession charge are considered to be first-time drug offenders.
Penalties for First-Time Drug Possession
The penalties for a first-time drug possession charge depend on the type and quantity of the substance involved.
Possession of Illegal Controlled Substances
In Florida, as throughout the rest of the country, controlled substances are categorized into five schedules based on their medical value, potential for abuse, and likelihood of dependence. A Schedule V drug is the least dangerous, and a Schedule I drug is the most dangerous.
Possession of any amount of an illegal substance is a felony offense in Florida. The only exception is if you’re found in possession of less than 20mg of marijuana, which is a first-degree misdemeanor.
If you’re charged with less than 28 grams of cocaine possession, less than four grams of heroin possession, or less than 14 grams of methamphetamine possession, you face third-degree felony consequences, which could mean up to five years in prison and a $5,000 fine.
Possession of Prescription Drugs Without a Prescription
The penalties for possessing prescription drugs without a valid prescription also vary depending on the drug involved and the quantity in your possession.
For example, having fewer than seven oxycodone tablets without a prescription is a first-degree misdemeanor, while possessing fewer than 20 Xanax tablets without a prescription is a third-degree felony.
Possession of Larger Quantities
Being charged with possession of large quantities of a controlled substance, whether illegal or not, can result in very severe consequences because it’s considered drug trafficking, which is a federal offense. Even if it’s your first drug charge, you can end up facing a first-degree felony charge with a significant mandatory minimum jail sentence.
Potential Jail Time for First-Time Offenders
Drug possession in Florida can put you at risk of facing jail time. If you are convicted, the judge will look at a variety of factors to determine whether imprisonment is appropriate and, if it is, what the right sentence is. They will consider:
- Prior criminal history
- Type of charges
- Whether there are aggravating factors
- Whether Florida law requires a minimum jail sentence
Most first-time drug possession charges are third-degree felonies, which means you’d face a maximum penalty of five years in prison if convicted, along with $5,000 in fines. It’s common, however, for those without a criminal record to receive lighter sentences such as community service, probation, and participation in a drug diversion program.
With an experienced lawyer, it’s also possible to negotiate a plea bargain that could help you avoid jail time and a criminal record. As soon as possible after you’re arrested, you should contact an attorney to begin fighting for your rights.
Defenses and Strategies for First-Time Offenders
If you’re facing a drug possession charge in Florida, there are a number of defense strategies your lawyers can rely on.
Illegal Search and Seizure
One excellent defense strategy revolves around how law enforcement searches you or your property. If they didn’t have a valid warrant or if police had no reason to suspect you had drugs but searched you anyway, it’s possible to get the evidence they seized in that illegal search thrown out. That’s usually enough to get your charges dropped.
Lack of Knowledge
It’s also possible to claim you didn’t know the drugs were present or you didn’t know the drug you took was a controlled substance. This defense can be effective, but the circumstances surrounding your case have to allow for it.
Lack of Possession
You can also claim that the drugs weren’t yours and that you weren’t in possession of them. It can be an effective strategy if the drugs were present in a vehicle or location to which others have access.
Entrapment
If a police officer encourages you to commit a crime you wouldn’t have otherwise committed, you can claim entrapment. Your charges will typically be dropped.
Impact of a First-Time Drug Possession Charge on Your Record
If you’re convicted of a drug possession charge, you will have a criminal record. That can impact all aspects of your life. You may struggle to find a job because the majority of employers conduct background checks, and any professional licenses you have could be at risk. It may be impossible to find a job in law, healthcare, or education.
The conviction can also create housing difficulties because landlords often perform background checks, too. You may struggle to rent a place, and you’ll likely not be able to get federal housing.
You’ll lose your right to bear arms. Depending on the charges you were convicted of, you might also lose your driver’s license. In addition, you could face significant social stigma that could make relationships difficult.
All of these consequences can be life-altering, so it’s normal to want to learn how to get your drug possession charge dropped. That’s not always possible, however, so what other options do you have? For many, plea bargains offer the best chance of avoiding extensive jail time and severe fines.
Plea Bargains and Negotiation Strategies
With a lawyer helping you, it’s possible to negotiate a better deal so that you can avoid the most serious penalties. You may be asked to plead guilty to a lesser charge than the one you’re facing, saving the court time while getting yourself a lighter charge in the process.
Another form of plea bargaining involves your lawyer fighting for a reduced sentence. You’d agree to a guilty plea and get a better sentence than the one you risk by going to trial.
To achieve an appropriate plea bargain, your lawyer will aggressively negotiate with the prosecution to convince the state that it’d be better served by avoiding a trial. Your lawyer may focus on how flimsy the evidence against you is or that, as a first-time drug offender, you deserve some leniency. The exact strategy your counsel uses will depend on your unique case.
Finding the Right Attorney for Your Case
Not every criminal defense lawyer is necessarily the right choice for your case. Before choosing representation, make sure they have experience. This doesn’t just mean experience in criminal law but in drug possession cases specifically. A lawyer who has never worked on these cases before won’t be able to provide the effective advocacy you deserve.
It’s also important that the lawyer has local experience. If they know the courthouses in the area well and have argued in front of the judges you may encounter, that benefits your case. Your lawyer will know the appropriate strategies to use depending on who they’re working with.
Ask about the outcomes they’ve managed for other clients who faced charges similar to yours. Just because they’ve worked on a lot of drug possession cases doesn’t mean they’re effective. If clients often receive severe sentences because the lawyer made no attempts at negotiating for plea bargains, that’s a red flag.
At the same time, you don’t want to see that every case they’ve handled ended in a plea bargain. A lawyer should be able to effectively defend their clients and help as many as possible avoid convictions.
Additionally, ask about fees. Understanding how fees work right from the start can save you a lot of problems and worries later on. Ensure the billing process is transparent and you know exactly what you’re being charged for.
Contact Experienced Criminal Defense Lawyers
If you’re looking for information on how to get drug possession charges dropped, or whether that’s even possible in your case, the best thing you can do is hire a criminal defense attorney with experience in Florida drug possession cases. Florida has very strict drug laws, and you don’t want to risk ending up with years of jail time and a criminal history.
At Cruz Law, our team of lawyers has been defending the people of Florida for decades. We can guide you through the legal system and provide the support you deserve, no matter what charges you’re facing. Contact our team to learn more about how we can help you if you’ve been charged with drug possession.
