West Palm Beach Drug Possession Lawyer

Top Rated West Palm Beach Drug Possession Attorney

The state of Florida takes drug possession cases very seriously, and the last thing you want to be is another statistic. To assist you with your defense, you should contact a West Palm Beach drug possession lawyer.

If you are arrested and charged with drug possession, you need to do everything in your power to defend yourself, gather evidence, and build a decent defense strategy. Otherwise, you are risking significant legal penalties you may not be prepared to face.

The legal team at the Law Offices of Nellie L. King, P.A. understands the difficulties ahead of you with your drug possession case. Sometimes, the arrest alone can change the way you’re perceived publicly.

You should hire a West Palm Beach drug possession attorney to monitor your case and help you understand the drug possession laws you’re being accused of violating. Nellie L. King believes everyone deserves a strong defense, and she can bring decades of experience to your case.

How to Defend Yourself Against Drug Possession Charges

If you are charged with drug possession in West Palm Beach, your case is handled by the 15th Judicial Circuit Court in Palm Beach County. The location of your trial differs depending on the exact nature of your charge.

Most drug court hearings are held at the Criminal Justice Complex on Gun Club Road. According to recent statistical data, over 410,000 individuals throughout the state are dependent on illicit substances. Additionally, the state’s crime rate is 1,687 per 100,000 people.

When you’re arrested for a drug crime, it can be an embarrassing and shameful experience. If you’re arrested in front of people you know, it can feel even worse.

Never forget that you have certain constitutional rights to lean on, and that you’re always innocent until proven guilty, regardless of the crime you’re charged with. Hire a drug possession lawyer as soon as you can and start working on your defense.

Here are some potential strategies you can use with the help of an attorney:

• Unlawful search. One of the most common defenses in a drug possession case is proving that the initial search of your home, person, or vehicle was unlawful. In Florida, law enforcement officials need either a valid search warrant or probable cause of a crime in order to search you. If they searched your property without a warrant or probable cause, any evidence found in that search may be rendered inadmissible.
• Lack of knowledge. In order to secure a conviction, the prosecution must be able to prove that you not only knew the drugs were present on your property, but you knew they were illegal substances. However, you may be completely unaware that there were illegal drugs in your vicinity. Your lawyer can argue that your total lack of knowledge of the drugs means you had no intent to commit a crime.
• Lack of possession. In Florida, there are two different kinds of legally recognized possession: actual and constructive. If you’re charged with actual possession, the drugs were found on your person. If you’re charged with constructive possession, the drugs were found in a shared area, like a vehicle or house. Your lawyer can argue that you had no control over whether controlled substances ended up in an area you share with others.
• Valid prescription. Depending on the type of drug you are found with, you may be able to end this cleanly and quickly by showing that you have a valid prescription for said drugs. A prescription for certain medications can show that no crime was committed.
• Chain of custody errors. It doesn’t take much for the chain of custody to be corrupted in a drug case. Improperly handled evidence can lead to your lawyer challenging the competence of the police, the prosecution, and the evidence clerks.

FAQs

How Do I Beat a Possession Charge in Florida?

To beat a possession charge in Florida, build a strong defense case on a foundation of evidence or by disproving the elements of the prosecution’s case. It starts by hiring an experienced criminal defense lawyer who can file motions to suppress evidence.

They can argue constructive possession over actual possession, or try to get you a pretrial diversion program instead of jail time. A seasoned lawyer can be your most valuable asset.

How Hard Is It to Prove Constructive Possession?

It can be hard to prove constructive possession. Simply being near illegal drugs might not be enough to get you convicted. If no illegal drugs were found directly on your person, the state cannot rely on simple evidence to get a conviction.

They need to prove you had knowledge of the drugs’ existence and that you had control over what would happen with them. Your lawyer can argue that constructive possession does not prove intent.

What Is the Penalty in Florida for Possession of a Controlled Substance?

In Florida, the penalty for possession of a controlled substance depends entirely on the type of drug you are caught with and how much of it was in your possession. The more you have, the worse the penalties generally are.

For certain substances, you could be looking at years in prison and substantial fines. For others, it could be a misdemeanor. You should contact a defense lawyer as soon as possible to find out what you could be facing.

What Is the Mandatory Minimum Sentence for Drug Possession in Florida?

The mandatory minimum sentence for drug possession in Florida does not exist. You only have to worry about mandatory minimums if the amount you’re caught with surpasses the statutory threshold for drug trafficking.

Then, you’re looking at a mandatory minimum of three years in prison, but it could be much more. It largely depends on how much you are caught with.

Be Sure to Hire a Drug Possession Lawyer Today

At the Law Offices of Nellie L. King, P.A., we can help you build a strong case, collect the evidence you need to support your claim, and advocate for you when necessary in West Palm Beach. Contact us to speak with someone on our team who can help.