First-Time Drug Offenders In Florida

For people who have never been in trouble with the law before, being arrested for drug possession can be a terrifying experience. Drug crimes are taken seriously in Florida, and because of this, sentences are harsh. Still, as a first-time offender, there are options available to you that may help you to avoid a jail sentence if you comply with the terms required. Having a knowledgeable attorney to guide you through the legal process can help clarify your options.

Potentially Serious Consequences

Drug possession is a crime with several levels, so to speak, under Florida law. The two factors that affect the severity of a possession charge are the identity of the controlled substance involved, and the amount of the drug (or the mixture including the drug) at issue. A small amount of a Schedule I drug (one with a high potential for abuse) may be charged more severely than a large amount of a Schedule V drug (one with little to no danger of abuse).

Most drug possession crimes are charged as third-degree felonies, with the exception of possession of small amounts of cannabis, which is a misdemeanor. In addition, Florida is one of the few states that still observes mandatory minimum sentences, meaning that a conviction for drug possession will lead to at least three years behind bars in most cases.

What Does This Mean For Me?

If you are facing first-time drug possession charges, whether misdemeanor or felony, it is crucial to understand the nature of the prosecution’s case. Drug possession is proven in court by establishing two factors: that you had possession – actual or constructive, meaning the drugs were in a place only you control – and that you knew the substance was illegal to possess. Casting reasonable doubt on either of these is the only necessary thing to do.

If you do not believe that your attorney can establish reasonable doubt, it may be possible in your case to be accepted into what is known as a diversion program. Diversion programs, most notably ‘drug courts,’ are designed as alternatives to jail for first-time offenders, but they are not easy. Drug court requires everything from random drug testing to anger management, and failure to succeed in the program means your charges are placed back on the docket. Each county has one of these programs, including Palm Beach County.

Call A West Palm Beach Drug Possession Attorney

One of the smartest things you can do if you have been charged with drug possession is to enlist a West Palm Beach drug possession attorney. The firm of Perlet & Shiner, P.A. has handled many of these cases, and will work hard to navigate yours to an appropriate conclusion. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html