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Fort Lauderdale Attorney Explains Possession of Controlled Substances and Penalties

Being arrested for drug possession is a frightening experience. Suddenly, you're facing the possibility of jail time, steep fines, and a permanent criminal record. You may be wondering what your rights are and how the charges against you will be prosecuted.

As an experienced Ft. Lauderdale criminal defense attorney, Dave Simmons has helped many Floridians accused of drug crimes understand their legal options and mount a strong defense. In this article, he shares key information about Florida's drug possession laws and the strategies that can be used to fight these charges.

The penalties for drug possession in Florida can be severe, but you don't have to face them on your own. Keep reading to learn how attorney Dave Simmons can help you achieve the best possible outcome in your case.

What is Possession of Controlled Substances?

Florida Law, under F. S. 893.13(6), defines possession of a controlled substance as the ability to exercise the right of ownership, control, or management over the drug.

The law requires the State to prove Possession of a Controlled Substance in one of two ways:

  • Actual Possession
  • Constructive Possession

Actual possession occurs when the controlled substance is found on his or her person.

Constructive Possession requires the State to prove that the controlled substance’s presence is within the knowledge of a person and that the individual has dominion and control over the controlled substance.

Constructive Possession is a more difficult standard for the State to prove their case.

A classic example is when a vehicle driver or passenger is charged with possession of a controlled substance found under the seat by law enforcement. The State may attempt to prove constructive possession. However, proximity alone is not sufficient to prove constructive possession. The State would be required to show other evidence, such as a confession, to secure a conviction.

Joint Possession: It is possible for more than one person to be in constructive possession of the same controlled substance. This would occur when evidence exists that the individuals have knowledge, control, and dominion of the controlled substance.

When officers encounter situations in which they cannot exclusively determine who is in possession of a particular controlled substance, they may arrest all the individuals at the scene, claiming joint possession. An experienced criminal defense attorney will challenge these arrests because they often lack the necessary elements to prove constructive possession.

Drug Possession Penalties

Attorney, Dave Simmons, is an experienced drug charge lawyer and aggressively defends his clients against some of the most commonly charged crimes in Florida involving possession of controlled substances and the applicable penalties, including the following:

  • Possession of Less than 20g of Cannabis (Marijuana) is defined by Fla. Stat as a First Degree Misdemeanor and is punishable by a maximum penalty of one year of probation, 364 Days in County Jail, and up to a $1,000 fine.
    • Pursuant to Fla. Stat. 322.055, any person who is convicted of Possession of Cannabis shall have their Driver’s License revoked for a period of one year by the Florida DHSMV.
  • Possession of 20g or more of Cannabis is classified by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of five years of probation, five years in Florida State Prison, and up to a 5,000 fine.
    • Pursuant to Fla. Stat. 322.055, any person who is convicted of Possession of Cannabis shall have their Driver’s License revoked for a period of one year by the Florida DHSMV.
  • Possession of Cocaine is defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of five years of Probation, up to a $5,000 fine, and five years in Florida State Prison.
    • Pursuant to Fla. Stat. 322.055, any person who is convicted of Possession of Cocaine shall have their Driver’s License revoked for a period of one year by the Florida DHSMV.
  • Possession of Less than 4g of Oxycodone is defined by Fla. Stat. as a Third Degree Felony to possess less than four grams of Oxycodone without a valid prescription. As a Third Degree Felony, the charge is punishable by a maximum penalty of five years of Probation; up to a $5,000 fine, and five years Florida State Prison.
    • Pursuant to Fla. Stat. 322.055, any person who is convicted of Possession of Oxycodone will have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
    • It is important to note that the law allows for the entire pill to be weighed, not just the amount of Oxycodone in the pill, and if the total number of pills possessed weighs more than 10 grams, the charge would be elevated to the much more serious offense of Trafficking and subject to Florida’s Minimum-Mandatory Prison Sentence.
  • Possession of Less than 4g of Hydrocodone is defined by Fla. Stat. as a Third Degree Felony to possess less than four grams of Oxycodone without a valid prescription. Hydrocodone is the generic name for brands such as Vicodin, Lortab, and others. As a Third Degree Felony, the charge is punishable by a maximum penalty of five years of Probation, up to a $5,000 fine, and five years in Florida State Prison.
    • Pursuant to Fla. Stat. 322.055, any person who is convicted of Possession of Cocaine shall have their Driver’s License revoked for a period of one year by the Florida DHSMV.
    • It is important to note that the law allows for the entire pill to be weighed, not just the amount of Hydrocodone in the pill, and if the total number of pills possessed weighs more than 10 grams, the charge would be elevated to the much more serious offense of Trafficking and subject to Florida’s Minimum-Mandatory Prison Sentence.

Additionally, a conviction for drug possession can have the following social and economic consequences:

  • Mandatory driver’s license suspension for one year
  • Loss of employment and ineligibility for future employment, including government jobs
  • Ineligibility and/or loss of financial aid for college and scholarships

Defenses to Drug Possession

Being charged with a drug offense is a serious matter and requires an experienced criminal defense attorney to evaluate the case and work towards the optimal resolution of the case. Fort Lauderdale drug possession attorney, Dave Simmons, at the Law Offices of Dave L. Simmons, P.A., will look to various defense strategies, including:

  • Motion to Suppress: an evidentiary hearing before the court contesting the legality of the detention. If the Court finds that the officer violated your constitutional rights, the Court would then “suppress the evidence” and preclude the State Attorney’s Office from utilizing the evidence in their case. This suppression of the evidence, known as the “Exclusionary Rule,” is a very compelling ruling by the Court and often leads to the case being dismissed or the charges reduced. This type of motion practice is invaluable to a skilled Broward Drug Charge Attorney.
  • Lack of Evidence: The law requires the State to prove Possession a Controlled Substance in one of two ways: (1) Actual Possession; (2) Constructive Possession. Actual possession occurs when the controlled substance is found on his or hers’ person. Constructive Possession requires the State to prove that the controlled substance presence is within the knowledge of a person and that the individual has dominion and control of the controlled substance. Constructive Possession is a more difficult standard for the State to prove their case. A classic example is when a driver or passenger of a vehicle is charged with possession of a controlled substance found under the seat by law enforcement. The State may attempt to prove constructive possession. However, proximity alone is not sufficient to prove constructive possession. The State would be required to show other evidence, such as a confession, to secure a conviction.
  • No Consent to Search: Another avenue police officers pursue to conduct a warrantless search is through consent. When given proper consent, an officer may conduct a search without a warrant. The consent must come from someone authorized to give consent, and the search must be within the scope of the consent. However, officers often use “a show of authority” to obtain this consent. If the consent is not freely and voluntarily given, it is unlawfully obtained and subject to suppression. A skilled and experienced Ft. Lauderdale Drug Possession Attorney will evaluate your case looking for this defense
  • Pre-Trial Diversion Programs: These are programs that allow for the dismissal of your case based upon successful admittance and completion of the program. These programs are operated by the State Attorney’s office and are generally, but not exclusively, reserved for first-time, nonviolent offenders. In Broward County, these programs include:
    • MDP: A misdemeanor diversion program.
    • Pre-Trial Intervention: A felony diversion program.
    • Drug Court: Both misdemeanor and felony diversion programs.

How a Fort Lauderdale Criminal Defense Attorney Can Help You With Drug Possession Charges

Fort Lauderdale drug possession lawyer Dave Simmons is committed to seeking the most favorable results for his clients facing drug possession charges. With 20 years of experience handling criminal defense cases in Broward County, Dave Simmons is a lawyer you can trust to use his extensive knowledge to fight for your rights.

Don't Let a Mistake Define Your Future

If you are facing drug possession charges in Fort Lauderdale, don't wait to get the help you need. Fill out our contact form or call our Fort Lauderdale office at 954-765-3540 for a confidential consultation. We proudly serve clients in Fort Lauderdale, Hollywood, Davie, Plantation, Hillsboro Beach, Pembroke Pines, Coconut Creek, Coral Springs, Lauderhill, Deerfield Beach, and surrounding communities.