Actual or Constructive Drug Possession

Drug crimes in Florida are taken very seriously, including simple possession of a controlled substance. If you are charged with this offense, you risk being convicted of a felony, depending on the nature of your specific situation – but conviction is not a foregone conclusion. A state’s attorney must still prove that you unlawfully possessed the drug or drugs, and to do this, they must clarify the nature of “possession” itself.

Take The Charges Seriously

When discussing the offense of drug possession, there are two major factors that will determine the nature of the charge: the type of controlled substance involved, and the amount at issue. For example, if a person is stopped with 15 grams of cannabis, they will likely be charged with a first-degree misdemeanor; if a person is stopped with 15 grams of fentanyl, they will likely be charged with a second or third-degree felony. This also applies to mixtures of drugs, but the total weight of the mixture is the relevant number.

While a possession charge – even a misdemeanor charge – should be taken seriously, it is important to be aware that if you have no prior criminal record, you may be eligible for a plea bargain or pretrial diversion program. For example, Palm Beach County has what is known as a ‘drug court,’ which requires participants to attend classes and submit to random drug testing, and if the program is completed, a defendant’s charges will be dropped or placed on an inactive docket.

Control Is Key

If your case is ineligible for pretrial diversion, the question of establishing possession will come up at trial. Actual possession of drugs is fairly self-explanatory; if a person is found with illegal drugs on their person, they will face charges. Constructive possession, which is the other type cited in court, is more complex – essentially, if the prosecution can establish that a defendant had knowledge of and control over a drug, they will be said to have “possessed” it even if they did not have the substance on their person.

The classic example of constructive possession is finding a controlled substance in a location over which only you had control, such as your vehicle. You may not have had your hands on the substance, but no one else could have accessed it or had control over it. Or, at least, this is the case that a Florida state’s attorney may try to make. With the right legal help, you may be able to defend yourself against the charges.

Contact A West Palm Beach Drug Possession Attorney

If you have been charged with possessing a controlled substance, you need the right legal help on your side to ensure that your rights are protected. Florida law imposes strict sentences on drug defendants, and you deserve your day in court. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help. Call our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/893.13