Possession

Orlando Drug Possession Attorneys

Understanding Drug Possession in Florida

The state of Florida is dedicated to fighting the war on drugs. Law enforcement officers and prosecutors alike work hard to get convictions against those who commit drug crimes, and very little leniency is granted to those who have been arrested or charged with the commission of a drug-related crime. Even a first-time charge for possession of a single marijuana cigarette means the mandatory suspension of your driver's license for a period of two years. Given these severe repercussions, understanding your legal options and rights is more crucial than ever, especially when faced with strong opposition from legal enforcement.

We do not charge anything for your initial consultation, and we offer several payment plans to make hiring our firm easier for our clients. Our bilingual attorneys and staff provide legal services in both English and Spanish. Get in touch with us today to learn more. Our commitment to breaking down language barriers ensures that we serve a diverse clientele effectively.

Do not let drug charges ruin your life. If you have been charged with possession of an illicit substance, contact an attorney at our firm and schedule your confidential consultation today: (407) 753-1312.

What Constitutes Drug Possession in Florida?

Possession of an illicit substance, or drug possession, is a crime in which the suspect did not necessarily manufacture, distribute, or sell a controlled substance but instead willfully had the controlled substance in his or her possession. The nuanced distinction between possession, distribution, or manufacturing is important, as it affects both the charges and potential penalties you may face.

The law considers a controlled substance to be in someone’s “possession” if they have a reasonable degree of control over the substance. This control can include constructive possession, where the substance is not on your person, but you have the ability to exercise control over it.

In other words, a drug does not need to be on your person for you to be charged with drug possession; you could face charges if the substance was in your vehicle, home, or anywhere in your vicinity where you could reasonably control, access, or use the substance. Understanding these legal definitions ensures that you are fully aware of the scope of your charges.

We defend possession cases involving all types of drugs, including but not limited to:

Defenses for Drug Possession Charges in Orlando

Just because you have been arrested for drug possession does not by any means guarantee that you will be convicted. Remember, you are innocent until proven guilty beyond a reasonable doubt. Several common defenses to drug possession can be employed on your behalf by a drug possession attorney. These legal strategies are tailored to each situation, taking into account the unique circumstances surrounding your arrest and the evidence presented against you.

Some common defenses to drug possession charges include:

Unlawful search and seizure
Miranda rights violations
Inaccurate and improper crime lab analyses
Illegal entrapment
Medical marijuana exemptions
Missing or lost evidence
Inadmissible evidence
Innocence

The first defense—unlawful search and seizure—has to do with your constitutional protections under the Fourth Amendment from illegal searches and seizures. If law enforcement finds drugs in "plain view," they may be seized and used against you; otherwise, the police must obtain a signed warrant to search your home, vehicle, or other personal belongings. Upholding these protections is vital to ensuring your rights are not infringed upon throughout the legal process.

At Ali & Blankner, our experienced drug possession lawyers work to force the prosecution to produce the drugs in question. It is sometimes the case that the prosecution will lose or not be able to produce the substance taken from you by human error. No matter why the drugs cannot be produced, a lack of evidence can hurt the case against you. Our attorneys explore all possible defense strategies and work tirelessly to build powerful defenses on behalf of those accused of drug possession. We understand what is at stake, which is why we do everything possible to achieve the best outcome for our clients.

If you or a loved one has been arrested or charged with possession of an illicit substance, we strongly encourage you to contact an Orlando drug possession lawyer at Ali & Blankner right away. We can analyze all evidence against you, challenge any inaccuracies in the prosecution's case, interview witnesses, gather additional information, and advise you of your legal options.

What Are the Penalties for Drug Possession in Florida?

In Florida, most drug offenses have mandatory minimum sentences, meaning the court must sentence a convict to at least that amount of time in jail or prison. Additionally, there may be mandatory minimum fines and other penalties associated with a conviction. These penalties reflect the state's rigorous stance on drug-related crimes, aiming to deter individuals from unlawful possession.

The exact penalties you may face depend on the amount and type of drugs allegedly in your possession. For example, possessing Schedule I drugs, which are considered more dangerous, generally comes with stricter penalties than possessing Schedule II, III, IV, or V drugs. However, possessing a significant quantity of higher scheduled drugs could increase the penalties you face. Each classification of drug is treated differently under state law, reflecting its potential impact and societal harm.

The minimum and maximum penalties for the possession of other illicit substances in varying amounts vary similarly. In addition to jail or prison time, thousands of dollars in fines, and other criminal penalties, a conviction could also result in significant damage to your reputation, as well as your ability to obtain housing, financial assistance, loans, and employment. In short, being charged with drug possession threatens your finances, your freedom, and your future. Understanding these potential repercussions is essential to building an informed defense.

Below are some of the penalties you could face for drug possession:

Less than 20 grams of marijuana: maximum of 365 days in jail
More than 20 grams of marijuana: maximum of 5 years in prison
Between 25 and 2,000 pounds of marijuana: minimum of 3 years in prison and $25,000 in fines
Less than 28 grams of cocaine: maximum of 5 years in prison
Between 28 and 199.99 grams of cocaine: maximum of 30 years in prison
Less than 10 grams of ecstasy: maximum of 5 years in prison
Less than 1 gram of LSD: maximum of 5 years in prison
Less than 5 grams of LSD: maximum of 30 years in prison

Florida's Drug Possession Laws & Implications for Orlando Residents

Orlando, like the rest of Florida, adheres to strict drug possession laws. However, local enforcement tactics and judicial interpretations can vary, making it essential for individuals to have awareness of these nuances. Local law enforcement agencies prioritize combating drug crimes, contributing to Orlando's reputation for rigorous legal proceedings. As such, having an attorney familiar with the local courts and procedures can be crucial in effectively addressing charges.

It's also important to note that Orlando's stance on drug-related offenses underscores the necessity for individuals to seek knowledgeable legal representation. At Ali & Blankner, our team recognizes the local dynamics at play, which we incorporate into our defensive strategies for clients throughout the Greater Orlando Area.

Your first step after an arrest is to protect your rights by speaking with a dedicated Orlando drug possession attorney, like those at Ali & Blankner. Our firm understands what you are up against and how to fight back against your drug possession charges.

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Why You Want Ali & Blankner In Your Corner

Fighters & Advocates in the Courtroom

The criminal lawyers in Orlando at Ali & Blankner are aggressive advocates who are willing to do whatever it takes to obtain a favorable resolution. We are committed to defending your rights and protecting your future.
Prosecutor Insight & Knowledge

All of our Orlando criminal attorneys are former prosecutors and understand how the other side thinks. When you work with our team, you get a group of individuals who knows how to prepare and fight a winning case.

Large Firm Results, Small Firm Attention

Our criminal defense team in Orlando understands the ins and out of the legal industry, and we have the infrastructure and resources to handle any case that comes our way. We focus on your case specifically to ensure we get the best result for you.
Dedicated & Experienced Counsel
With over 35 years of experience and thousands of clients helped, Ali & Blankner has the skills, resources, and determination to get you the best possible result.

Request a Free Consultation with Our Drug Possession Defense Lawyers Today

When you have been charged with drug possession, your future and your freedom are at stake. Our firm is committed to protecting our clients and representing their interests. We have experience in plea negotiations, suppression motions, and trials by jury. In navigating the complexities of the legal system, it is vital to have knowledgeable attorneys by your side who can strategize effectively and advocate for your best interest.

We are criminal trial lawyers who have been fighting for the accused since 1986. Many of our attorneys have earned prestigious AV Preeminent® Ratings from Martindale-Hubbell®, the highest peer-review rating based on results, ethics, and professionalism offered by the organization. Our long-standing reputation is built on a foundation of integrity and client dedication, ensuring every individual feels supported throughout their legal journey.

Call (407) 753-1312 or reach us online using our secure contact form.

Florida Drug Possession FAQ

What Should I Do Immediately After a Drug Possession Arrest in Orlando, FL?

After a drug possession arrest, it is essential to remain calm and comply with law enforcement while remembering your right to remain silent. Do not volunteer any information or answer questions without legal representation present. Contacting an Orlando drug possession lawyer at Ali & Blankner as soon as possible can help protect your rights and begin building your defense strategy immediately. Early legal assistance can prevent unwarranted charges or reduce potential penalties.

How Can a Lawyer Help with My Drug Possession Charges?

A lawyer can provide invaluable assistance by reviewing the circumstances of your arrest, assessing the evidence against you, and identifying potential defenses. They handle all legal proceedings, negotiate with prosecutors, and work to minimize the penalties or have charges dropped. Having a dedicated attorney ensures your rights are protected and can significantly increase the likelihood of a favorable resolution.

Are There Diversion Programs Available for Drug Possession Charges in Orlando?

Yes, Florida offers diversion programs for eligible individuals facing drug possession charges. These programs focus on rehabilitation over punishment, offering education or treatment in exchange for potentially having charges reduced or dismissed upon successful completion. Eligibility often depends on factors such as prior criminal history and the particulars of the current offense. Our lawyers can discuss if this is a viable option for your situation and assist in gaining entry into such programs.

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Ali & Blankner worked to get a case dismissed involving a client with both a DUI and citations.
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We represented an individual charged with battery on an officer and resisting arrest, successfully getting the case dismissed.
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Ali & Blankner represented a client charged with disorderly conduct.

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