A conviction on a drug charge can be devastating to a person’s reputation and their criminal record. Many employers have policies against hiring anyone with a history of drug use. A drug conviction can also affect your driver’s license and your ability to hold certain professional and occupational licenses. If you have been charged with a drug crime call for a free consultation right away.
Drug charges are among the most common criminal offenses in Florida. Criminal drug offenses in Florida range from simple possession of marijuana to high level drug trafficking. Likewise, penalties for drug crimes can range from fines and probation to minimum mandatory prison sentences. Despite the wide variety of drug offenses in Florida, there are some common issues that arise many drug cases. Fourth Amendment search and seizure issues are very often central to the defense of a drug charge. These issues typically center on how and where the drugs were located by police. Many drug cases begin with a search of a suspect’s person, home or a vehicle. If the police search was illegal, the case may be dismissed through a motion to suppress.
Another common theme in drug cases is possession. The legal concept of possession is often mistaken for ownership. In reality, possession is far more complex. There are two types of possession recognized by the criminal courts; actual possession and constructive possession. Constructive possession is a theory commonly used to prosecute multiple people for drugs that are discovered in a jointly occupied vehicle or residence. To prove constructive possession the prosecutor must prove that the Defendant’s had knowledge of the presence of the drug, and knowledge of it’s illicit nature. Prosecutors usually have to rely on circumstantial evidence or incriminating statements to prove constructive possession. Many constructive possession cases can be dismissed through a C4 motion to dismiss.
All of Florida’s judicial circuits have established Drug Courts. Drug Court is an intervention program, typically reserved for first time drug offenders. Drug Court is a voluntary program that is structured similarly to an intensive drug offender probation sentence. However, if the program is completed successfully, the charges may be dismissed. Drug Court is a great opportunity for people who really need intensive drug treatment. Unfortunately, many drug court programs fail to adequately differentiate those who need long term treatment from those who have no addictive tendencies. Many times people end up in Drug Court who shouldn’t really be there.
If you have been charged with a drug crime contact the Lambert Law Firm right away and speak with an aggressive drug crimes attorney.