What to Do if You Are Charged with Drug Possession

According to the FBI, drug offenses accounted for about 30% of all arrests in Florida. Drug offenses can range from possession to trafficking. Almost all drug offenses are felonies in Florida.

Under Florida law, drug possession is an offense by a person who did not manufacture, distribute, or sell a controlled substance, only held the substance for personal use. Possession of most controlled substances under Florida laws may be charged as a third-degree felony, although the laws allow a first-degree misdemeanor charge for simple possession of marijuana in an amount of less than twenty grams. Florida divides felonies into three degrees, and felony drug possession is either a first, second or third-degree felony. Otherwise, the charges will be filed as a misdemeanor.

If you have been charged with possession of drugs in the state of Florida, you will need legal advice to protect your rights and to ensure you are treated fairly. Criminal law attorney Roy J. Kahn has 30+ years handling cases involving drug arrests. He will review the arrest record, witness statements and possible circumstances that led to the arrest.

Although drug charges are serious and not to be taken lightly, the burden falls on the prosecution to clearly establish the elements of drug possession which include:

• Whether the accused had actual knowledge of the drug.
• Whether the seized material is a controlled substance under Florida law.
• Whether the accused had control of the drug.

In the case of possession with intent to sell, whether all elements of possession were present as well as whether there is proof of the accused’s intent to sell.

It is important to understand that although being arrested for drugs can be a very intimidating experience, there are several defenses possible for charges of drug possession in the state of Florida. For example, Mr. Kahn will review the arrest record to determine whether your Fourth Amendment rights were violated, or if the evidence was obtained through an unlawful search and seizure. The specific defense used in your case is dependent upon the circumstances surrounding your drug possession arrest.

If you are arrested for possession of drugs in the state of Florida, it is crucial you remember to take your Miranda rights very seriously. After you have politely given your name and address, exercise your right to remain silent until you have had the opportunity to speak to a Florida criminal lawyer. Do not try to talk your way out of an arrest. It usually will cause more harm than good.

Consequences of a Drug Conviction

When you are facing drug charges, you need legal representation right away to avoid serious penalties and imprisonment. Drug convictions may also bring probation and suspension of the driver’s license. Other potential consequences include ineligibility for some types of government employment, some forms of college financial aid, the inability to obtain a state license or certification, and significant damage to the person’s reputation. If you are facing drug charges, you need to immediately consult with an experienced criminal law attorney.

With 30+ years of criminal law experience, Mr. Kahn heads a “boutique” firm. Your case will be handled personally by him, not a paralegal. For a free consultation, contact Mr. Kahn today at 305-358-7400.

Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J.Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.