Arrested for Drug Possession? Here’s What You Need to Know

A minor drug charge doesn’t exist; even if you were only carrying a small amount you could still be facing time behind bars and sky-high fines. However, your fate isn’t sealed. Depending on the circumstances surrounding the arrest, you may be able to fight the charges and have the penalties reduced or the case against you dismissed.

In this article, we explore the penalties for possession of a controlled substance, discuss some of the ways you may be able to attack the prosecution’s case, and explain how a skilled criminal defense attorney could assist in the challenging days ahead.

What Are the Penalties for Drug Possession in Florida?

If you were arrested for possession of a controlled substance, you will likely be facing harsh penalties including jail time, fines, and community service. However, the severity of your punishment can depend on several factors such as the type of drug you were carrying, the amount in your possession, and your prior criminal history. If you’re found with items commonly used for dealing drugs such as baggies or scales in addition to the controlled substance, you may be charged with possession with intent to sell.

Can I Fight the Charges?

As with any criminal charge, you will have an opportunity to defend yourself. While it may seem like the prosecution’s evidence is watertight, often all you need to do is to find a single weak link in their case to have the penalties reduced or charges dropped.

For instance, if you can show that the search that led to the discovery of the drugs was illegal, any evidence gathered by the arresting officers might be suppressed. Alternatively, if you have been charged with constructive possession—i.e., the drugs were not found on you but rather in your home or near the place where you were arrested—you may be able to prove that the drugs did not belong to you.

How Soon after the Arrest Should I Contact an Attorney?

If you were arrested for possession, it may be in your best interests to speak to an attorney as soon as possible. While it may seem like a conviction is inevitable, chances are a skilled lawyer can do far more than you realize. For instance, he or she can investigate the arrest to gather and compile time-sensitive evidence that might help you fight your charges. A criminal defense attorney can also guide you through proceedings, protecting your rights from the first consultation until the final verdict.

Discuss Your Case with a Drug Crime Attorney in Stuart, Florida

If you’ve been charged with drug possession, turn to Todd A. Kawecki for legal guidance. As a former prosecutor, Todd has an intimate understanding of the laws, statutes, and proceedings that will play a role in your case. He can assess your situation as part of a free consultation wherein he can answer your questions and discuss potential outcomes for your case. To lock in a case review with a drug crime lawyer in Stuart, Florida, dial 772-485-4500 or send us a message using our Contact Page.