Drug Possession Defense
Defense for possession of controlled substances charges in Florida state and federal courts.
Understanding Drug Possession Defense Charges
Possession of controlled substances is a third-degree felony in Florida, involving actual or constructive possession of illegal drugs without a valid prescription. This includes marijuana, cocaine, heroin, methamphetamine, prescription medications, and other controlled substances. Constructive possession means the drugs were in a place you had control over, even if not on your person. The prosecution must prove you knew the substance was illegal and that you had control over it.
Potential Penalties
- •Third-degree felony: Up to 5 years in prison, fines up to $5,000
- •Enhanced penalties for possession near schools or parks
- •Driver's license suspension
- •Mandatory drug treatment programs
- •Permanent felony record affecting employment and housing
- •Loss of federal student aid eligibility
- •Professional license revocation
How We Defend Drug Possession Defense Cases
Unlawful search and seizure - Challenge the legality of the search that led to discovery of the drugs. Evidence obtained through illegal searches must be suppressed.
Lack of knowledge - Prove that you did not know the substance was present or that it was illegal.
Lack of possession - Demonstrate that you did not have actual or constructive possession of the drugs.
Valid prescription - Present evidence of a legitimate prescription for controlled substances.
Crime lab errors - Challenge the testing and identification of the substance, including chain of custody issues.
Entrapment - Show that law enforcement induced you to commit a crime you would not otherwise have committed.
Temporary possession for lawful purpose - Demonstrate that you possessed the drugs only to dispose of them or for another lawful reason.
Pretrial diversion programs - Seek admission to drug court or other alternative programs for first-time offenders.
Why Choose The Mirvis Law Firm?
Drug possession charges can derail your life, affecting your career, education, and freedom. However, these cases often involve constitutional issues and technical defenses that can lead to dismissal or reduced charges. Tony Mirvis has successfully defended hundreds of drug possession cases, challenging illegal searches, lab results, and prosecution evidence to achieve favorable outcomes.
With over 20 years of experience defending clients in Florida state and federal courts, Tony Mirvis has the knowledge, skills, and dedication to fight for the best possible outcome in your case.