What is the sentence for possession of a controlled substance in Florida?

According to Florida law, it's illegal to have possession of a controlled substance. It doesn't matter if the substance is seemingly innocent, like marijuana or prescription medication. The penalty for any possession charge could drastically change your life. Even the minimum sentence leaves you with a permanent mark on your criminal record. 

Because the penalties for possession are so harsh, you need to fight to prove your innocence. This often means working with a drug possession lawyer.

The Penalties for Possession in Florida

If you are charged with possession of a controlled substance, the stakes are high. In Florida, possession could be considered a third-degree felony. A conviction comes with as many as five years in prison followed by as many as five years of probation. Additionally, you could be forced to pay a fine of up to $5,000. 

That said, your sentence varies depending on your situation. The type of drug in your possession and your criminal history will affect the severity of your penalty. If you have multiple prior offenses, the court may react harshly. 

Another factor that affects your sentence is your legal representation. There are several ways in which a lawyer could get your charges dismissed or lessened. For that reason, working with an experienced criminal defense lawyer is often the key to reducing your sentence. If your rights were violated, you had a legitimate prescription for the substance, or the police didn't follow protocol, the prosecutor may not have a case against you.

What Qualifies as Possession?

It's also crucial to understand what qualifies as possession in Florida. Any controlled substance, including prescription medication for which you do not have a valid prescription, might result in criminal charges.

Your possession might be actual or constructive. For actual possession to occur, the police must find the substance on your person. It could be in your hands, in your pocket, or somewhere in your clothes. Furthermore, you must have been the only person with access to the substance.

On the other hand, constructive possession usually involves multiple people. The drugs may have been found in an area that has several people, and those individuals were aware of the drugs. As long as the police can prove that you also had access to the drugs, they can arrest you. 

For example, the police may find the drugs in the trunk of your vehicle. Because there were several other people in the car who knew about the drugs, you are guilty of constructive possession. But if they found the drugs in your vehicle and there were no other passengers, the police can charge you with actual possession.

Not all possession arrests result in convictions. This is because there are other elements that must be proven. For one, there must be evidence that you knew the drugs were there and that they were a controlled substance. There must also be proof that you had some control over the substance.

Working with an Experienced Attorney

In only one day, Orlando police arrested 29 people accused of drug dealing. Whether you're accused of dealing or using, the police and prosecutor will work hard to obtain evidence against you. 

Even if you serve a minimum sentence, you may never recover from your conviction. A criminal record could prevent you from living your life. With the help of Parikh Law Firm you can fight for your future.

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