If you’re a defendant facing drug possession charges in Lakeland, FL, having a knowledgeable lawyer on your side can make a significant difference. At Thomas C. Grajek, Attorney At Law, we understand the stress and uncertainty that come with a drug possession charge, and we’re here to offer guidance every step of the way.
With our local experience and a compassionate approach, we work to protect your rights throughout the legal process in Lakeland, Florida. For help, contact us or call us at (863) 688-4606 to schedule a consultation with a Lakeland drug possession lawyer.
How Thomas C. Grajek, Attorney At Law Can Help if You’re Arrested for Drug Possession in Lakeland, FL
We understand the challenges that come with a drug possession arrest in Lakeland. With years of experience handling drug charge cases, our Lakeland drug crimes attorney has the experience to help you in the following ways:
- We review the details of your case to challenge the classification and amount of controlled substances involved, which can impact the severity of charges or penalties.
- When appropriate, our attorneys explore plea deals and alternative legal avenues such as pretrial diversion programs that may help you avoid a permanent conviction.
- We provide personalized legal advice on how to address the potential long-term consequences of a drug possession charge, including issues with employment, professional licensing, or educational opportunities.
Anyone facing drug charges in Lakeland, Florida, should seek the help of an experienced attorney. Contact Thomas C. Grajek, Attorney At Law to schedule an initial consultation today.
Overview of Drug Possession in Florida
For a possession charge, the prosecution needs to prove a few elements:
- The substance must be one that is illegal under Florida law
- The defendant knew (or should have known) that the drug was present and was not legal
- The defendant possessed or had control over where the drug was located or how it was stored
The prosecution must prove all of these elements beyond a reasonable doubt in order to secure a conviction. Florida’s drug possession laws distinguish between two main types of possession, actual possession and constructive possession.
Actual Possession
Actual possession refers to situations where an individual physically has a controlled substance on their person. For example, if drugs are found in your pocket or directly in your hand, this would be considered actual possession.
Constructive Possession
Constructive possession is different because it doesn’t require the substance to be physically on you. Instead, it involves having control and access to the place where drugs are discovered. For instance, if illegal substances are found in a kitchen cabinet in your home or in the glove compartment of a car you were driving, you may be charged under the concept of constructive possession.
It’s important for anyone facing a possession charge to seek legal representation and understand their rights.
What Are the Penalties for Drug Possession in Lakeland, Florida?
Florida law enforces strict penalties for drug possession, and they are based on what the drug is and how much of the controlled substance is involved. Understanding these penalties can help individuals better comprehend the potential consequences they may face. Below is an overview of how Florida classifies drugs and the penalties tied to their possession.
Drug Schedules
Florida categorizes controlled substances into five schedules, depending on their potential for abuse and medical value. It’s helpful to understand what these are, as this will impact the potential penalty you’re facing.
- Schedule I: These drugs have a high potential for abuse with no accepted medical use. Examples include heroin and LSD.
- Schedule II: These are substances with a high risk of abuse but limited medical uses under strict regulations. Examples include cocaine and morphine.
- Schedule III: This class involves drugs with a lower abuse potential than Schedule II and accepted medical uses. Anabolic steroids fall into this category.
- Schedule IV: These have an even lower risk of abuse and are approved for medical use. Diazepam is one example.
- Schedule V: These drugs possess the lowest abuse potential and are used medically, such as medicines containing small amounts of narcotics.
Your legal consequences will depend on the schedule of the substance.
Penalties Based on Drug and Quantity
The severity of penalties for drug possession depends on the quantity of the drug and what type of substance it is. Some common drug possession penalties include:
- More than 10 grams of a Schedule I drug: This is a first-degree felony. Potential legal penalties include up to 30 years in prison and/or a fine of up to $10,000.
- More than 10 grams of other controlled dangerous substances (CDS): Classified as a third-degree felony, with penalties including up to 5 years in prison and/or a $5,000 fine.
- Up to 20 grams of marijuana: This offense is usually charged as a first-degree misdemeanor. You face up to 1 year in jail and/or a $1,000 fine.
- More than 20 grams of marijuana: This offense is treated as a third-degree felony. Possible penalties include up to 5 years in prison and/or a $5,000 fine.
The penalties can be somewhat confusing because they depend on the amount and type of drug you’re accused of possessing. Other factors can determine the potential penalties as well, such as if you have a criminal record on file. Reach out to a criminal defense lawyer to learn more.
What Defenses Can Be Raised if I’m Arrested for Drug Possession?
If you’re facing a drug possession charge, you have legal options. Depending on the circumstances of your arrest, there are several defenses that your defense attorney can use to challenge the charges against you.
Lack of Knowledge
One possible defense is establishing that you were unaware of the presence of the drugs. For example, if the drugs were found in a shared space, such as a car or apartment, it may not be immediately clear who possessed them. The prosecution must show that you knew the substance was present and illegal. If there’s evidence supporting your lack of knowledge, this could weaken their case against you.
Illegal Search and Seizure
The Fourth Amendment protects you from unreasonable searches and seizures. If the police discovered the drugs without following proper legal procedures, such as obtaining a valid warrant or establishing probable cause, any evidence they gathered might be inadmissible in court. When improperly obtained evidence is thrown out, it can make the case against you fall apart.
No Possession
If you were arrested in a situation where multiple people had access to the drugs, it can be argued that the drugs were not actually in your possession. For instance, if the police found a substance inside a friend’s car while you were a passenger, there’s a valid challenge to the idea that you controlled or owned the drugs, even if you were aware of their presence.
Valid Prescription
If the substance in question is a prescription drug and you had a valid prescription at the time of your arrest, you can present this as a defense. You’ll need to provide documentation supporting your claim, but this can show that the possession was lawful.
Entrapment
Entrapment can be argued when law enforcement persuades someone to commit a crime they otherwise would not have done. If you can demonstrate that an officer or informant pressured you into a situation involving illegal substances, this defense could be used to challenge the charges.
Finding a defense that applies to your case can significantly impact the outcome. By working with an experienced attorney, you’ll better understand which defenses make sense for your situation and how to effectively present them in court.
Facing drug possession charges can feel overwhelming, but knowing that you have experienced legal support can help ease the burden. Our team is committed to understanding and explaining the details of your case and exploring every available defense.
If you have concerns about your charges or need guidance on navigating the legal system, we’re ready to listen and help. Contact Thomas C. Grajek, Attorney At Law to schedule a consultation with a Lakeland drug possession attorney.