Information This Blog Will Cover:
- When Drugs Are Found in Your Car/House
- Who Gets Charged If the Drugs Aren't Mine?
- Florida Drug Possession Penalties
- Proven Drug Possession Defenses
You’ve been arrested for possession, but whether or not the drugs belong to you, the future is on the line. Below, our team discusses why you could be found guilty for drug possession—even if you’re innocent. We also share some of the tactics Rudenberg and Glasser, P.A. can use to get your charges dropped or acquitted.
Here’s what you need to do right now:
- Tell the officers that you need a lawyer
- Contact a Fort Lauderdale criminal defense lawyer
- Disclose your name and other basic personal information
- Say absolutely nothing else to the police
- Do not take a plea deal before we arrive
Because the prosecutor is already building the case against you, you need to discuss your case with an experienced drug crime lawyer as soon as you have been arrested. The team at Rudenberg and Glasser 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 for a confidential, no-cost consultation. We are available 24 hours a day, 7 days a week, so call (954) 543-1788 as soon as possible!
"What If Police Find Drugs in my Car/House?"
Unless you can prove on the spot that you weren't the only person with access to the car or house, you'll be suspect #1. Without evidence that the drugs belong to someone else, you're the one who'll be facing arrest. The best thing you can do is do not resist arrest, remain respectful, identify yourself as much as you're legally required, and remain silent about everything else. Even innocent people have faced charges for saying the wrong thing to the police.
While you are well within your rights not to speak to the police, you're still legally obligated to share your name and basic identifying information. Past that, you have (and should use) the right to remain silent.
If the police attempt to search you, your car, or your home, make sure you state clearly "I do not consent to a search." They may search you anyway, but making it clear that you did not consent could help your case later.
"Who Gets Charged If the Drugs Weren't Mine?"
Here's the harsh truth: the police always hear "they aren't mine" from drug possession suspects. Even when it's true (and many times, it is), the prosecutors will follow the evidence. When drugs are found in your house or car, it's likely you're going to get charged.
Unless the police have another suspect, you're the one who will be charged with possession.
However, that doesn't mean you're unable to get acquitted or have your case dismissed. If you talk to us, we can take a look at the evidence in your favor and develop a strong case for your innocence. Below, we've listed a few proven defense strategies that we've used to help hundreds of clients walk away scot-free.
Proven Defenses for Drug Possession Charges
Even though the odds may be stacked against you, do not take a plea deal without first speaking to a criminal defense lawyer. Accepting a plea may sound like your best option, but the case against you may be weaker than you realize.
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)
Penalties for Drug Possession in Florida
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.
“Why Was I Arrested?”: Constructive Possession vs. Actual Possession
In any possession case, the prosecution must 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 means that the drugs were on you when they were discovered (i.e. the police found cocaine in your pocket). Constructive possession means that you weren’t holding the drugs, but that you were aware of their presence (i.e. the drugs were found in your car or in your house).
Proof of constructive possession requires 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 possible to reduce or eliminate the penalties you’re facing. Our attorneys have helped countless clients walk free from high-stakes charges because we’ve developed strategies from resolving thousands of cases.
Contact Rudenberg and Glasser, P.A. for a Free Consultation
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! Our Fort Lauderdale drug crime attorneys have handled thousands of criminal cases over our many years in practice.
Contact our office now to get your free case evaluation!
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