Under Florida law, controlled substances are classified into five schedules:
- Schedule I: Drugs with a high potential for abuse and addiction and no accepted medical use in the United States. Examples include heroin, LSD, ecstasy, and peyote
- Schedule II: Drugs with a high potential for abuse and addiction, but with some accepted medical use in the United States. Examples include methamphetamine, cocaine, and opium
- Schedule III: Drugs with a moderate potential for abuse and addiction and an accepted medical use in the United States. Examples include anabolic steroids
- Schedule IV: Drugs with a low potential for abuse and addiction and an accepted medical use in the United States. Examples include Xanax, Klonopin, and Valium
- Schedule V: Drugs with a low potential for abuse and addiction and an accepted medical use in the United States. Examples include cough medicines with codeine
The specific penalties you face for drug possession will depend on the schedule of the drug you are found to be in possession of, as well as the amount of the drug you have.
How to Fight Drug Possession Charges
Being charged with drug possession can be incredibly overwhelming. However, it is important to remember that an arrest is not the same as a conviction. There are several potential defenses to drug possession charges, and our drug possession defense lawyer in Inverness can help determine the most effective strategy for your specific situation.
Some possible defenses to drug possession charges include:
- You had a valid prescription: Certain drugs are regulated by the government but are legal to possess if you have a valid prescription. For example, if you are found to be in possession of Xanax and you have a valid prescription for that medication, you cannot be charged with drug possession. However, if you are found to be in possession of Xanax and you do not have a valid prescription, you can be charged with drug possession. You will need to provide evidence that you had a valid prescription for the drug you are accused of possessing.
- Constructive possession: As mentioned above, you can be charged with drug possession even if the drugs are not located on your person. If the drugs were located in a location you do not have control over, you cannot be charged with drug possession. For example, if the police find drugs in the home of your friend, you cannot be charged with drug possession, as the drugs were not located in a place you have control over. If the police find drugs in the car next to you, you cannot be charged with drug possession, as the drugs were not located on your person. If the police find drugs in your bag, pocket, or hand, you can be charged with drug possession. You will need to provide evidence that the drugs were not located in a place you had control over.
- Illegal search and seizure: The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures. In many cases, the police may search a person's car, home, or property without their consent or a valid search warrant. If the police found drugs during an illegal search or seizure, the evidence may be suppressed. In some cases, this can lead to the charges against you being dropped. You will need to provide evidence that the police conducted an illegal search or seizure.
- You did not know the drugs were there: If the police find drugs in your home, car, or property, you can be charged with drug possession. However, some people may be unaware that the drugs were there. For example, if the police find drugs in the bedroom closet of your home, you can be charged with drug possession, as the drugs were located in your residence. However, if you did not know the drugs were there, you may be able to avoid a conviction.
Our Citrus County drug possession attorney in Inverness can review the facts of your case, conduct a thorough investigation, and help determine the most effective defense strategy. We will fight to protect your rights at all costs.
What to Do If You Are Charged with Drug Possession
Being charged with drug possession can be incredibly stressful. However, it is important to remain calm and remember that an arrest is not the same as a conviction. There are several steps you can take to protect your rights if you have been charged with drug possession.
After being charged with drug possession, you should:
- Remain silent: You have the right to remain silent. While it can be tempting to try to explain what happened, anything you say can and will be used against you. It is best to exercise your right to remain silent until you have an attorney present.
- Do not consent to a search: The police may ask to search your home, car, or property. You have the right to refuse a search. If the police do not have a search warrant, they will need your consent to conduct a search.
- Do not resist arrest: Even if you believe that you are innocent, it is crucial that you do not resist arrest. Resisting arrest can result in additional criminal charges, such as resisting arrest or battery on a law enforcement officer.
- Do not talk to the police: The police may try to ask you questions about the alleged drug possession. You have the right to refuse to answer questions until you have an attorney present. It is best to exercise your right to remain silent and wait until you have legal representation.
- Contact an attorney: As soon as you are able to, you should reach out to an experienced drug possession defense lawyer in Inverness. Your attorney can help protect your rights and guide you through the legal process.
How Can a Drug Possession Defense Lawyer Help?
When you are facing drug possession charges, it is crucial that you have an experienced attorney on your side. A conviction for drug possession can result in severe criminal penalties that can have a lasting impact on your life. You may be required to spend time in jail or prison, pay costly fines, and be placed on probation. In addition, you will have a drug conviction on your criminal record, which can make it difficult to find a job, secure housing, obtain a loan, or take advantage of other opportunities.
At Caughey Law, we are committed to providing each and every client with the personalized legal services they need and the supportive counsel they deserve. Our drug possession defense lawyer in Inverness will work tirelessly to protect your rights and your future. We understand the potential consequences you are up against and will do everything we can to help you achieve a favorable outcome.
Call Our Inverness Drug Possession Defense Attorney Today
If you or someone you love has been charged with drug possession, it is important that you reach out to an experienced drug possession defense attorney in Inverness as soon as possible. At Caughey Law, we have a comprehensive understanding of Florida drug possession laws and can help you navigate the legal process.
We will review the facts of your case, conduct a thorough investigation, and help you build a strong defense strategy. Our Citrus County drug possession attorney is committed to providing each and every client with the compassionate, personalized legal counsel they need and the aggressive representation they deserve.
Call us at (352) 645-2215 or contact us online to schedule a consultation with our Citrus County drug possession lawyer.