Legal Options for Navigating Drug Possession Charges
Understanding the different types of charges, potential penalties, and viable defense strategies is essential for anyone who finds themselves arrested for drug possession. Whether you’re dealing with a misdemeanor or a felony, knowing your legal options and the best ways to defend yourself can make a significant difference in the outcome of your case. Thankfully, there are professionals such as a Clearwater criminal lawyer who can guide you through the process.
Types of Charges and Potential Penalties
In Florida, drug possession charges can range from simple misdemeanors to serious felonies, depending on the type and amount of the controlled substance involved.
- Simple possession. This is a typical charge when an individual is found with a small amount of a controlled substance intended for personal use. Examples include under 20 grams marijuana, small amounts of prescription drugs without a prescription, or other controlled substances.
- Intent to distribute. If the quantity of drugs found suggests they are intended for sale or distribution, charges escalate.
- Possession of paraphernalia. This charge can accompany possession charges if items such as pipes, syringes, or scales are found, indicating drug use or distribution.
When a charge is in place, penalties will be based on the type and amount of the drug, as well as the defendant’s prior criminal history.
- Misdemeanor possession. Simple possession of marijuana can result in up to one year in jail, a $1,000 fine, and a driver’s license suspension.
- Felony possession. When there are more significant amounts of controlled substances involved in a possession charge, harsher penalties like several years in prison and substantial fines are possible.
- Possession with distribution intent. These charges carry even stiffer penalties, often including long-term imprisonment and hefty fines.
Whatever your situation, as soon as possible consult with an experienced criminal attorney who can guide you through what defense options may be employed.
 Unlawful Searches, Lack of Knowledge, and More
A common defense involves challenging the legality of the search that led to the discovery of the drugs. If the search was conducted without a valid warrant or probable cause, the evidence may be suppressed. Or, your defense team may be able to assert that the defendant was unaware of the presence of the drugs. For example, if drugs were found in a vehicle but the defendant was unaware they were there, this defense might be applicable.
Also, in cases involving marijuana, the defendant may have a valid medical marijuana card. If the amount of marijuana found is within the legal limits for medical use, this can be a strong defense. A Clearwater criminal lawyer may be able to find documentation of gaps or discrepancies in the chain of custody, challenging the integrity of the evidence, as well.
Should you chat with a lawyer about drug charges you are navigating? Once the experienced attorneys at King Law Group are familiar with your situation, they can work to protect your rights. They may be able to challenge the prosecution’s evidence or present strong legal arguments that allow you to access the best possible resolution. Schedule your confidential consultation today.
