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. 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 can staff provide legal services in both English and Spanish. Get in touch with us today to learn more.
The genuine care and concern Mr. Ali showed us during a difficult time were very much appreciated. It has been a long journey, however, Mr. Ali and the team at Ali & Blankner have been there with us each step along the way.T.M.
What Is Drug Possession?
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 law considers a controlled substance to be in someone’s “possession” if they have a reasonable degree of control over the substance. 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.
Common Defenses to Drug Possession Charges
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. There are several common defenses to drug possession that our attorneys can employ on your behalf.
Some of the 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
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.
At Ali & Blankner, our experienced defense lawyers work to force the prosecution to produce the drugs in question. It is sometimes the case that the prosecution will lose or otherwise 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 seriously hurt the case against you.
Our attorneys explore all possible defense strategies and work tirelessly to build powerful cases on behalf of those accused of drug possession. We understand what is at stake, which is why we do everything possible to obtain the best possible 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.
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.
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.
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.
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.
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
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.
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.
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.
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.
Fighters & Advocates in the Courtroom
The attorneys 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 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 team 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.