I have extensive experience in defending all drug cases in Orange County and Seminole County. I examine each possession of a controlled substance case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced possession of a controlled substance attorney is essential. Once hired, I will:

1. Collect and review all written statements, photographs and 911 calls;
2. Find flaws in the police officer’s investigation;
3. Identify all possible defenses;
4. Immediately start negotiating with the prosecutor not to file formal charges, and
5. Do whatever is necessary to avoid an conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you stopped for a lawful reason? Did you voluntarily consent to any search?
• Did the Police Officer have the right to search your person, property or vehicle?
• Were you read your Miranda rights? Were your statements obtained illegally obtained?
• Where were the drugs found and did the drugs belong to someone else?
• How many people had access to the place where the drugs were found?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS POSSESSION OF A CONTROLLED SUBSTANCE

A controlled substance is a prescription medication, an illegal drug or any other banned substance. These substances could include those prescribed by a doctor, but also drugs not for legal sale or use. Examples of possession of a controlled substance under 893.03 include:

• alprazolam
• fentanyl
• hydrocodone
• lsd
• mdma
• oxycodone
• psilocybin

HOW IS POSSESSION OF A CONTROLLED SUBSTANCE PROVEN IN FLORIDA?

To prove the crime of possession of a controlled substance, the State must prove the following two elements beyond a reasonable doubt:

1. Defendant possessed a substance.
2. The substance was (specific substance).
3. Full possession of a controlled substance standard Florida jury instructions.

Penalties for possession of a controlled substance

Unlawful possession of a controlled substance is classified as a third degree felony. Which  is punishable by up to five years in prison and up to a $5,000 fine. Other penalties include:

• Community control, house arrest or supervised probation
• Educational drug class or counseling
• Community service
• Drug evaluation and any recommended follow up treatment
• Permanent criminal conviction

DEFENSES FOR POSSESSION OF A CONTROLLED SUBSTANCE

There are many defenses available to contest a charge of possession of a controlled substance in Florida. Some of the more common defenses include the following:

• Where were the drugs found?
• How many people had access to the place where the drugs were found?
• Were the drugs found in someone else’s vehicle or house?
• Did the drugs belong to someone else?
• Did someone else hide or conceal the drugs?
• Were the drugs lawfully prescribed medication?

MANDATORY DRIVER’S LICENSE SUSPENSION FOR A DRUG CONVICTION

If you are convicted of possession of any controlled substance, the Department of Highway Safety and Motor Vehicles (DHSMV) is required to suspend your driver’s license for six months. Any drug possession conviction will also result in a permanent criminal record that will disqualify you from ever having this conviction sealed or expunged from your criminal history.

POSSESSION OF A CONTROLLED SUBSTANCE CASE LAW

Maksymowska v. State, 2D18-4697 (Fla 2nd DCA 2020) Defendant was entitled to a prescription defense jury instruction. Holding a controlled substance as an agent for a person who had a prescription is an affirmative defense to the possession charges. A prescription defense instruction is necessary where there is evidence that the defendant was holding a controlled substance as the agent of another individual to whom it was prescribed.

Fletcher v. State, 168 So.3d 330 (Fla. 1st DCA 2015) Testimony that church services were held regularly at time of trial was not sufficient evidence of regularly conducted religious services at time of offense, which was approximately six months prior to trial, in prosecution for possession of cocaine within a thousand feet of a church and possession of cocaine with intent to sell within a thousand feet of a church.

Lemaster v. State, 162 So.3d 56 (Fla. 4th DCA 2014) To convict a defendant of sale or possession with intent to sell a controlled substance within a thousand feet of a church, the state must present evidence establishing that, during the time frame when the offense occurred (not the trial) religious services being conducted.

I DEFEND ALL POSSESSION OF A CONTROLLED SUBSTANCE CASES

If you were recently arrested or charged with any Florida drug charge, please call my Orlando criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.