Possession of Methamphetamine Attorney

I examine each methamphetamine case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion or drug court may be an option. If you resolve your methamphetamine case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced and aggressive possession of methamphetamine defense lawyer is essential. I have defended hundreds of possession, possession with the intent to sell, sale and trafficking in methamphetamine cases. My goal is to do whatever is necessary to avoid a felony drug conviction. Once hired, I will:

  1. Collect and review all State evidence;
  2. Identify all possible defenses;
  3. Negotiate with your prosecutor for a dismissal or reduced charges;
  4. Qualify you for a pretrial diversion program, and
  5. Do whatever is necessary to avoid a criminal conviction so your record can be cleared.
tokyo

WERE YOU ILLEGALLY STOPPED OR SEARCHED

The United States Constitution guarantees that people be free from unreasonable searches and seizures and illegal police conduct. It is important you have a complete understanding of the facts of your case, the evidence against you and any weaknesses in the State’s case against you.

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

DID YOU POSSESS THE METHAMPHETAMINE?

Under Florida law, to ‘possess’ means to have personal charge of or to exercise the right of ownership, management, or control over the thing possessed. There are three elements required to prove a possession charge in Florida:

  1. The defendant possessed a certain substance,
  2. The substance is designated controlled substance, and
  3. The defendant had knowledge of the presence of the substance.

Whether you are arrested for possession of methamphetamine, prescription pills, or any other controlled substance under Chapter 893 the State must prove that you possessed the drugs. This equally applies to possession of drug paraphernalia. This must be proven through either actual possession, joint possession or constructive possession as defined below. Actual Possession means the drugs were found on your person. Joint Possession means the drugs were jointly possessed by you and another person. Constructive Possession means that while you did not actually possess the drugs, you knew of their existence and you had the ability to exercise dominion and control over the drugs.

Local Diversion Programs for Methamphetamine Cases

There are several local diversionary programs for methamphetamine cases.  Diversion programs generally apply to any drug case that doesn’t involve the sale of drugs or the intent to sell drugs.  These programs vary county by county and depend on the charge.  Below are a list of several local drug diversion programs.

interior luxury kitchen estate home

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.

RECENT FLORIDA DRUG CASE LAW

J.S. v. State, 207 So.3d 903 (Fla. 4th DCA 2017) When determining whether the first element of the crime of assault is met, the focus is the perpetrator’s intent and not the reaction of the person perceiving the word or act.

N.S. v. State, 4D16-0514 (Fla. 4th DCA May 24, 2017) Officer responds to call of a suspicious vehicle, but hears noises in a nearby park. The officer lacks reasonable suspicion to order the child to stop and conduct a pat down search.

CALL AN EXPERIENCED CRIMINAL DEFENSE LAWYER

If you were recently arrested or you are being investigated for possession of methamphetamine or any other any Florida drug charge, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options.  I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.

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I examine each methamphetamine case to determine if it can be dismissed and ultimately removed from your record. If this is your first offense, pretrial diversion or drug court may be an option. If you resolve your methamphetamine case without a conviction you may be eligible to seal or expunge your record. Hiring an experienced and aggressive possession of methamphetamine defense lawyer is essential. I have defended hundreds of possession, possession with the intent to sell, sale and trafficking in methamphetamine cases. My goal is to do whatever is necessary to avoid a felony drug conviction. Once hired, I will:

  1. Collect and review all State evidence;
  2. Identify all possible defenses;
  3. Negotiate with your prosecutor for a dismissal or reduced charges;
  4. Qualify you for a pretrial diversion program, and
  5. Do whatever is necessary to avoid a criminal conviction so your record can be cleared.
tokyo

WERE YOU ILLEGALLY STOPPED OR SEARCHED

The United States Constitution guarantees that people be free from unreasonable searches and seizures and illegal police conduct. It is important you have a complete understanding of the facts of your case, the evidence against you and any weaknesses in the State’s case against you.

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

DID YOU POSSESS THE METHAMPHETAMINE?

Under Florida law, to ‘possess’ means to have personal charge of or to exercise the right of ownership, management, or control over the thing possessed. There are three elements required to prove a possession charge in Florida:

  1. The defendant possessed a certain substance,
  2. The substance is designated controlled substance, and
  3. The defendant had knowledge of the presence of the substance.

Whether you are arrested for possession of methamphetamine, prescription pills, or any other controlled substance under Chapter 893 the State must prove that you possessed the drugs. This equally applies to possession of drug paraphernalia. This must be proven through either actual possession, joint possession or constructive possession as defined below. Actual Possession means the drugs were found on your person. Joint Possession means the drugs were jointly possessed by you and another person. Constructive Possession means that while you did not actually possess the drugs, you knew of their existence and you had the ability to exercise dominion and control over the drugs.

Local Diversion Programs for Methamphetamine Cases

There are several local diversionary programs for methamphetamine cases.  Diversion programs generally apply to any drug case that doesn’t involve the sale of drugs or the intent to sell drugs.  These programs vary county by county and depend on the charge.  Below are a list of several local drug diversion programs.

interior luxury kitchen estate home

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.

RECENT FLORIDA DRUG CASE LAW

J.S. v. State, 207 So.3d 903 (Fla. 4th DCA 2017) When determining whether the first element of the crime of assault is met, the focus is the perpetrator’s intent and not the reaction of the person perceiving the word or act.

N.S. v. State, 4D16-0514 (Fla. 4th DCA May 24, 2017) Officer responds to call of a suspicious vehicle, but hears noises in a nearby park. The officer lacks reasonable suspicion to order the child to stop and conduct a pat down search.

CALL AN EXPERIENCED CRIMINAL DEFENSE LAWYER

If you were recently arrested or you are being investigated for possession of methamphetamine or any other any Florida drug charge, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options.  I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.

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