Jacksonville Drug Possession Lawyers

Experienced Representation to Fight Serious Charges in FL 

Florida has some of the toughest drug possession laws in the country. Even a misdemeanor drug possession has very serious penalties and can lead to a criminal record. More importantly, a conviction for possession of marijuana (even under 20 grams) can have a very serious effect on your life, because it carries a mandatory two-year driver license suspension.

When you've been arrested, trust our Jacksonville drug crime attorneys at The Law Offices of Kate Mesic for the aggressive defense strategies you need. Call (904) 615-8950 today.

Understanding the Consequences of Drug Possession

Being charged with drug possession can have serious consequences in the state of Florida. It is important to understand the potential penalties and how they can impact your life. Our experienced drug possession lawyers at The Law Offices of Kate Mesic, P.A. are here to provide you with the guidance and representation you need.

Penalties for drug possession in Florida can vary depending on several factors, including the type and amount of drugs involved, prior convictions, and the intent of the possession. These penalties can range from fines and probation to imprisonment and mandatory drug treatment programs.

In drug possession cases, the prosecution must prove that you had actual or constructive possession of the drugs. Actual possession means that the drugs were found on your person, while constructive possession means that the drugs were found in an area under your control. Our skilled attorneys can evaluate the evidence against you and challenge the prosecutor's case.

If you have been charged with possession of marijuana, there are several defenses that may be available to you. These can include challenging the legality of the search and seizure, proving that the drugs did not belong to you, or demonstrating that you had a valid prescription for medical marijuana.

A possession of marijuana charge can have a significant impact on your personal and professional life. It can affect your employment opportunities, housing options, and even your ability to obtain financial aid for education. Our dedicated team will work tirelessly to protect your rights and minimize the consequences of the charge.

When it comes to drug possession charges, you need a law firm you can trust. Contact The Law Offices of Kate Mesic, P.A. today to schedule a consultation and discuss your case with our experienced attorneys.

What Are the Penalties for Drug Possession in Florida?

*This is a basic chart of maximum penalties, please note every case is different, and you need a Jacksonville drug crime attorney to fully understand what you are facing.

In Florida, most drug arrests are made for possession of marijuana (also known as cannabis) in the amount of 20 grams or less, leading to a charge of 1st degree misdemeanor. A lot of people don’t realize the important of having a good Jacksonville criminal defense lawyer by your side at such a difficult time. Marijuana is a wide spread drug and many young people are charged with this offense. Arrests are also made for other illegal drugs such as heroin, cocaine, and ecstasy and will lead to a 3rd degree felony charge.

Actual vs. Constructive Possession

It is important to understand what "possession" is under Florida law. Possession is defined as a person having control or person exercising the rights of ownership over an item.

Actual possession is when the person has physical possession of the controlled substance and has knowledge of the physical possession. For example, a person would have a baggy of marijuana in his pocket, and he put it there. Constructive possession comes into play when the drugs are in close proximity to the person and are under the person’s authority or control. This situation arises when the drugs are found in a person’s car.

If you are arrested for possession of marijuana, or any other illegal drug, you should be aware that just because you are close to the drugs without more evidence, it is not enough for a charge of possession. This is why when you are charged with a constructive possession case, you need a criminal defense lawyer to carefully analyze the facts of your case and figure out if it a Motion to Dismiss should be filed.

How Does a Prosecutor Prove Possession of Marijuana?

Florida law requires prosecutors to prove all crimes beyond and to the exclusion of every reasonable doubt, this includes the crime of possession of marijuana or any other controlled substance.

The prosecutor must prove:

• That the accused person possessed a illegal drug on his person (actual possession);
• Must have evidence proving that the controlled substance was the specific drug alleged to be in the possession of the defendant; or
• The prosecutor must prove the defendant had knowledge of the presence of the drug that was within his control (constructive possession) GG v. State, 84 So. 3d 1162 (Fla. 2nd DCA 2012.

Although the prosecutor does not have to show that the individual knew what kind of drug was in his or her possession, the prosecutor must prove that the individual knew the illicit nature of the item in his possession (that it was illegal). If you invoke your right to remain silent when asked about the item found on you or in your car, you have a better chance of avoiding a conviction. If you did speak to the police, your Jacksonville criminal defense lawyer will review your case to see if a motion to suppress the statements can be filed.

Defenses to Possession of Marijuana in FL

• Constructive possession – as discussed above, it would apply when the drugs are found in a place where several people had access to it. One example where the prosecutor did not meet his burden of proof in a constructive Possession of Marijuana case is when a person was pulled over while driving someone else’s car (friend’s for example) and the police officer found marijuana in the glove compartment. The prosecutor cannot prove his or her case unless the prosecutor can show that the person knew of the marijuana in the car.
• Lack of knowledge – under Florida Statute 893.101, there is an affirmative defense to the crime of Possession of Marijuana if the person can prove that he or she did not know that what you had was marijuana. Please note that this defense requires the accused person testify to the lack of knowledge that the substance was illegal.
• Overdose defense – under Florida Statute 893.21, if the accused person has a drug-related overdose and needs medical assistance, or a person who is assisting the person that needs medical assistance, is immune from prosecution for Possession of Marijuana, but it must be shown that the evidence was obtained as a result of the overdose and need for medical assistance.

The Impact of a Possession of Marijuana Charge

For maximum penalties associated with the charge of possession of marijuana please see the table above. A Jacksonville drug crime lawyer can help you fight this charge and in some cases avoid the severe penalties associated with Florida drug possession charges.

When you cannot avoid a conviction, it can have a serious impact on your life and the life of your family. A consequence of any conviction is a criminal record and it will appear on any background check that is done for potential employment, rental applications, and many others. Another very serious consequence is the potential loss of your driver license that will take place if you convicted of possession of marijuana. This is why it is critical that you are represented by a Jacksonville criminal defense attorney who can help you figure out your option and reduce the maximum penalties when you are facing a possession of marijuana charge.

If you already entered a plea to a possession of marijuana under 20 grams or possession of drug paraphernalia (or both), and adjudication was withheld, The Law Offices of Kate Mesic can help you evaluate your options to see if you qualify for a sealing of your criminal record.

FAQ: Drug Possession Arrest in Jacksonville

What should I do if I'm arrested for drug possession in Jacksonville?
If you are arrested for drug possession in Jacksonville, it's important to remain calm and assert your right to remain silent. Do not discuss your case with law enforcement or anyone else without an attorney present. Request to speak with a defense attorney immediately to ensure your rights are protected from the outset.

How can a Jacksonville defense attorney assist with my drug possession case?
A Jacksonville defense attorney can provide crucial support by analyzing the details of your arrest, identifying any procedural errors or rights violations, and assessing the evidence against you. They can negotiate with prosecutors to potentially reduce or dismiss charges and represent you in court to advocate for your best interests. An experienced local attorney will be familiar with Jacksonville's legal system and can develop a strong defense strategy for your case.

What defenses are available for drug possession charges in Jacksonville?
Defenses may include challenging the legality of the search and seizure, disputing the ownership or possession of the drugs, and questioning the chain of custody or validity of the evidence. In some cases, demonstrating that the drugs were legally prescribed or intended for personal use may also be a viable defense. An attorney will help determine the most effective defense based on the specifics of your situation.

Can drug possession charges be reduced or dismissed in Jacksonville?
Yes, it is possible for drug possession charges to be reduced or dismissed in Jacksonville, particularly if there are issues with how the evidence was obtained or if there are mitigating circumstances. An attorney can negotiate plea deals or argue for alternative sentencing options like diversion programs or rehabilitation. Each case is unique, so consulting with a Jacksonville defense attorney will provide clarity on your best options.

Why Choose The Law Offices of Kate Mesic, P.A. for Your Drug Possession Case?

When facing drug possession charges, having the right legal representation can make all the difference. At The Law Offices of Kate Mesic, P.A., we understand the complexities of drug laws in Florida and the significant impact a conviction can have on your life. Our dedicated team is committed to providing personalized attention and strategic defense tailored to your unique situation.

Here are several reasons to choose us:

• Local Expertise: With extensive experience in Jacksonville's legal landscape, we know the local courts, judges, and prosecutors, allowing us to navigate your case effectively.
• Comprehensive Defense Strategies: Our team employs a variety of defense strategies tailored to the specifics of your case, ensuring that every angle is explored to achieve the best possible outcome.
• Client-Centered Approach: We prioritize your needs and concerns, keeping you informed and involved throughout the legal process. Your peace of mind is our top priority.
• Proven Track Record: Our history of successful case outcomes speaks for itself. We have helped many clients reduce charges, achieve dismissals, or secure favorable plea deals.
• Free Initial Consultation: We offer a no-obligation consultation to discuss your case and outline your options. This allows you to make informed decisions without any financial pressure.

Call us today at (904) 615-8950 to schedule your free initial consultation.