Fort Lauderdale Criminal Defense Attorney

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What Happens if the Police Find Drugs that Aren't Mine?

At Rudenberg and Glasser, P.A., we know that no criminal case is black and white. You may have been arrested for drug possession in Florida after a controlled substance was found in your car, but that does not mean that you are guilty. The drugs may have belonged to a friend, who left them in your car, or you may have been borrowing someone else’s vehicle—meaning that you had no prior knowledge of the drugs. All signs may point to you, but we know that some people are just at the wrong place at the wrong time.

For this reason, we encourage you to discuss the specific nature of your case with an experienced drug crime lawyer in Fort Lauderdale as soon as you have been arrested. The team at Rudenberg and Glasser, P.A. has handled thousands of criminal cases in Dade, Broward and Palm Beach Counties, so you can trust that we know what it takes to win a difficult case. Contact our office today to schedule your free initial consultation. We are available to clients 24 hours a day, 7 days a week, so don’t wait to call!

Constructive Possession vs. Actual Possession

In any possession case, the prosecution must be able to establish that the drugs actually belonged to you. In order to do so, they may attempt to prove that you were in actual or constructive possession of the drugs. Actual possession generally means that the drugs were on your person at the time that they were discovered (i.e. the police found cocaine in your pocket during a search). Constructive possession means that you were not actually holding the drugs, but that you were aware of their presence.

More specifically, constructive possession means that:

  • You knew or should have known that drugs were on your property
  • You knew or should have known of the illegal nature of the drugs
  • You had the ability to exercise control over the illegal substances

So how does the prosecution prove that you knew about the drugs? Some incriminating facts may include that the drugs were in plain view (i.e. in the cup holder of your car), the drugs were found with other personal items, the drugs were found in your bedroom, the police also found drug paraphernalia, etc. Even if these factors exist in your case, it is still in your best interest to enlist the help of a criminal defense attorney from Rudenberg and Glasser, P.A. We will ensure that your side of the story is heard.

Possible Defenses to Your Drug Possession Charges

Even though the odds may be stacked against you, you should not forfeit your right to a trial without first speaking to a criminal defense lawyer. Accepting a plea may sound like your best option, but you shouldn’t make this decision on your own. Depending on the specific nature of your case, there may be numerous defense options available to you.

Under the circumstances, your attorney may attempt to prove that:

  • You were not the only one who had access to the drugs
  • You did not have knowledge that the drugs were present
  • You did not know that the substance was actually illegal
  • The police did not have the right to search your property
  • The drugs aren’t illegal (they were prescribed by a doctor)

Contact Rudenberg and Glasser, P.A. for a Free Consult

If you were arrested for drug possession in Florida, you could be facing charges for a third degree felony—which carries up to five years in prison and a $5,000 fine. Don’t jeopardize your future by putting your case in the hands of an inexperienced lawyer; contact the team at Rudenberg and Glasser, P.A. for the skilled legal defense that you deserve! We have handled thousands of criminal cases over our many years in practice.

Contact our office 24/7 to schedule your free case evaluation!