Orlando Drug Possession Lawyer

If you have been charged with drug possession in Orlando, it is important to consult with a lawyer from 850 Call Joe Law Firm who is experienced in handling such cases. Our lawyers can review the details of your case and advise you on the best course of action. We can also represent you in court and help you to achieve the best possible outcome in your case. It is important to choose a lawyer who is knowledgeable about the laws governing drug possession in your state, as well as the local court system in Orlando, FL. Orlando Drug Crime Lawyers at 850 Call Joe Law Firm has a proven track record of success in handling possession cases, as well as drug trafficking charges, prescription drugs, and other Florida drug offenses.

According to Florida Statute 893.13(6)(a), you may not be in possession of a controlled substance unless the drug was lawfully obtained through a prescription. Drug possession charges vary dependent upon the type of controlled substance found within your possession. Most possession cases arise from cannabis, cocaine, crystal meth and/or oxycodone/oxycontin. But the possession of many other controlled substances can warrant a possession charge, and the penalties may be severe.

Let’s take a closer look at what constitutes possession, as well as the potential consequences of being charged with possession.

Drug possession refers to the act of having a controlled substance in one’s possession without a valid prescription or legal authorization. This can include drugs such as marijuana, cocaine, heroin, and methamphetamine, among others.

In the state of Florida, drugs are classified into five schedules based on their potential for abuse and their accepted medical use. The five schedules are:

1. Schedule 1: This schedule includes drugs that have a high potential for abuse and no accepted medical use. Examples of Schedule I drugs in Florida include heroin, LSD, and marijuana.
2. Schedule 2: This schedule includes drugs that have a high potential for abuse and limited accepted medical use. Examples of Schedule II drugs in Florida include fentanyl, cocaine, and methamphetamine.
3. Schedule 3: This schedule includes drugs that have a lower potential for abuse and a greater accepted medical use. Examples of Schedule III drugs in Florida include anabolic steroids and certain stimulant medications.
4. Schedule 4: This schedule includes drugs that have a lower potential for abuse and widely accepted medical use. Examples of Schedule IV drugs in Florida include certain sedatives and tranquilizers.
5. Schedule 5: This schedule includes drugs that have a low potential for abuse and a widely accepted medical use. Examples of Schedule V drugs in Florida include certain cough and cold medications that contain small amounts of codeine.

The punishment for possession and related Orlando drug crime charges varies depending on the type and amount of drug involved, as well as the state in which the offense occurred. In general, however, possession is punishable by fines, imprisonment, or both.

In addition to the potential punishment imposed by the court, a possession conviction can also have long-term consequences. These can include difficulty finding employment, difficulty obtaining professional licenses, and difficulty obtaining loans or other financial aid.

Let’s take a look at some more specific examples regarding the possession of and the corresponding punishments in Orlando, FL:

The Florida Statute defines the possession of less than 14 grams of crystal meth as a 3^rd degree felony. Possession of crystal meth can be as little as a bag of residue. The maximum penalties for a conviction for the possession of crystal meth are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine up to $5,000

Florida Statute 893.13(6)(b) defines the possession of 20 grams or less of cannabis as a misdemeanor of the 1st degree. A conviction for the possession of cannabis requires a 1-year mandatory suspension of your driver’s license. You may also face a maximum penalty of:

• Up to 1 year in jail
• Up to 1 year of probation
• A fine of up to $1,000

In the case of possession of cannabis, a first-time offender may be granted permission to enter a pre-trial diversion program that could result in the dismissal of Orlando drug crime charges. This resolution is particularly suited for students and young people who want to avoid future issues when applying for higher education or employment.

*Possession of more than 20 grams of cannabis is a 3rd-degree felony, punishable by a $5,000 fine, up to 5 years in prison, and/or up to 5 years of probation.

The Florida Statute defines the possession of fewer than 28 grams of cocaine as a 3rd-degree felony. Possession of cocaine can be as little as a bag of residue. The maximum penalties for a conviction for the possession of cocaine are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine of up to $5,000

The Florida Statute defines the possession of fewer than 14 grams of crystal meth as a 3rd-degree felony. Possession of crystal meth can be as little as a bag of residue. The maximum penalties for a conviction for the possession of crystal meth are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine up to $5,000

The Florida Statute defines the possession of less than 4 grams of oxycodone/oxycontin as a 3^rd degree felony. Possession of oxycodone/oxycontin can be as little as one (1) pill. The maximum penalties for a conviction for the possession of oxycodone/oxycontin are:

• Up to 5 years in prison
• Up to 5 years of probation
• A fine up to $5,000

*For more information of possession charges, including a list of controlled substances, reference Florida Statute 893.03(1), 893.03(2), and 893.03(3).

As an experienced criminal defense attorney, I have an array of potential strategies to argue an effective defense. Your defense will be tailored to the specific facts of your arrest and drug crime charges. These potential defenses include:

Illegal Stop and Search:

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by the government. This means that in most cases, law enforcement officers must have a warrant or probable cause to search an individual for drugs.

However, there are some exceptions to this rule. For example, if an officer observes illegal drug activity or has reason to believe that an individual is in possession of drugs, they may be able to conduct a search without a warrant.

If an individual is stopped and searched for drugs without a warrant or probable cause, this may be considered an illegal stop and search. In such cases, any evidence that is obtained through the search may be considered inadmissible in court.

It is important to note that the rules regarding stop and search for drug possession can vary depending on the state and the specific circumstances of the case in relation to drug crime charges. An experienced lawyer can help to determine whether a search was legal or not, and can advise on the best course of action in your particular situation. If I find that your stop and search were unconstitutional, anything found during that search becomes inadmissible.

Invalid Search Warrants:

A search warrant is a document issued by a judge that allows law enforcement officers to search a specific location for evidence of a drug crime. In order for a search warrant to be valid, it must meet certain requirements:

Issued Search Warrant

First, the search warrant must be issued by a judge or other judicial officer who has jurisdiction over the case. The warrant must also specify the location to be searched, as well as the specific items that the officers are looking for.

Probable Cause

Additionally, the warrant must be based on probable cause. This means that the judge must have a reasonable belief, based on the facts presented, that a drug crime has been committed and that evidence of the drug crime can be found at the location specified in the warrant.

If any of these requirements are not met, the search warrant may be considered invalid. This means that any evidence that is obtained through the search may not be admissible in court.

If you believe that you have been the subject of an invalid search warrant, it is important to consult with a lawyer who can help you to understand your rights and options. A lawyer can also help you to challenge the validity of the search warrant and to protect your rights.

It’s common in cannabis possession cases, especially for cultivation, to include a search warrant. In some cases, a potential mistake made on the warrant results in the search being ruled unconstitutional. I am very experienced at analyzing warrants and identifying defects.

Type of Drug Possession:

Dependent upon whether law enforcement finds illegal drugs in your vehicle, on your person, or on your property, there are varying degrees of possession over which the law presumes you have control. In some cases, possession may be difficult to prove. For example, if you are driving another person’s vehicle and law enforcement conducts a search that discovers illegal drugs under your seat, it will be difficult to prove the drugs are yours. They could belong to the driver or a previous passenger.

Unwitting Drug Possession:

Unwitting drug possession refers to the situation in which an individual is in possession of drugs without knowing it. This can happen in a number of different ways.

For example, an individual may unknowingly be given drugs by someone else, such as in a situation where the drugs are mixed into a drink without their knowledge. Alternatively, an individual may unknowingly come into possession of drugs when they are left in a bag or other item that the individual did not know belonged to someone else.

In most cases, unwitting drug possession is still considered a drug crime, and the individual may be charged with drug possession. However, the fact that the individual was unaware of the drugs may be taken into consideration by the court and may result in a more lenient sentence.

Obtaining an Orlando Drug Possession Lawyer Today

With a good criminal defense attorney, you may not need to attend your court date. If possible, I will appear in court on your behalf and work diligently to resolve your case—hopefully with a dismissal or an alternative prosecution agreement that may alleviate the need for you to attend court at all.

As an experienced and passionate criminal defense attorney, we will work hard for you. No case is too small, and your initial consultation is free.