Will I Go to Jail If I’m Arrested for Drug Possession?

If you were arrested with an illegal substance in your possession, you might think that there’s no way to escape time behind bars. However, while there’s always the risk of jailtime associated with such charges, you may still be able to have the penalties reduced.

For instance, you could challenge how the evidence against you was acquired or argue that the police have insufficient evidence to secure a conviction. Alternatively, if there is evidence that the arresting officers coerced or pressured you into committing a crime, you could use this proof of entrapment to have the charges dismissed. These are just a few of the types of strategies a skilled drug crime lawyer could use to help you avoid a trip to prison.

In this article, we’ll take a closer look at the penalties for drug possession and how an attorney can help you build a strong defense:

What Are the Penalties for Drug Possession in Florida

If you’re facing drug possession charges, you should never expect to escape with just a slap on the wrist. Lawmakers have taken a tough stance against anyone caught carrying illegal substances, so you can expect the prosecution to fight relentlessly to secure a conviction.

Your penalties will depend on the type of substance you were carrying, the volume, and whether you intended to sell or traffic the drugs. Let’s take a look at some of the punishments in closer detail:

• First Degree Misdemeanor: If you were caught with less than 20 grams of cannabis or Schedule V drugs—such as Parepectolin or Lomotil—you will likely be charged with a first-degree misdemeanor. In such situations, you could face up to one year behind bars and may be forced to pay a $1,000 fine.
• Third Degree Felony: If you were caught carrying Schedule III or Schedule IV illegal substances such as anabolic steroids, valium, or a benzodiazepine like Xanax without a prescription, you may be charged with a third-degree felony which can lead to you paying fines of up to $5,000 and spending up to five years behind bars.
• Second Degree Felony: If you were arrested with a drug like cocaine in your possession that you intended to sell, you should expect to face harsh penalties such as up to 15 years behind bars and fines totaling $10,000.
• First Degree Felony: These are among the most serious charges you can face and are reserved for those caught carrying Schedule I and Schedule II drugs like fentanyl and morphine, or more than 10g of heroin. You could be facing up to 30 years in prison and fines of up to $10,000.

Just a few more grams or the wrong substance could turn a serious charge into a potentially devastating one. As such, if you’ve been arrested for possession, it’s in your best interests to do everything you can to fight the charges in order to have the penalties reduced. A skilled Florida drug crime lawyer can assist with almost every aspect of your defense, gathering the necessary evidence to attack the charges and providing tenacious representation at every stage.

Speak to a Palm Beach Gardens Drug Crime Lawyer Today

Were you arrested for drug possession? You could benefit from having a skilled Florida drug crime lawyer in your corner. Attorney Todd A. Kawecki knows what it takes to secure a favorable outcome, and will fight tirelessly to defend your rights from the first day until the final verdict. To lock in a free case review, reach out to us at 772-485-4500 or by dropping us a message using our Contact Page.