Miami Legal Tips Blog

Understanding Your Rights in a Florida Drug Case

PotHave you been accused by the police of a drug offense in the state of Florida? If so, your next call should be to a criminal defense attorney. At Gilbert & Smallman, we are highly experienced in these cases and can offer you a free consultation. You can also read on to learn the basics about drug laws in Florida.

The most common drug charges in the state of Florida

There are many potential drug charges you could face. They include possession of a controlled substance and / or drug paraphernalia, drug cultivation, intent to sell, drug trafficking, and prescription forgery. There are other types of drug offenses but these are some of the most common. No matter what you’re charged with, you should know that it is considered a serious offense in the state of Florida.

A word about possession of a controlled substance

In Florida, the most common drug charge is possession of a control substance. There are then three levels of this particular charge. Simple possession is charged if you’re found with just a small amount of drugs. The specific amount will vary based on which drug you were found with. Constructive possession refers to a situation in which the drugs weren’t physically on the person arrested but there is evidence that they had access to the drugs. Actual possession refers to drugs actually found on the person.

You can be charged with possession of legal drugs

It is possible to be charged with possession of a controlled substance if you’re caught with prescription drugs for which you don’t have a valid prescription. No matter the drug you’re found with, you should know that there is the potential for serious consequences.

If you’re found with a drug such as meth or cocaine, you could be going to prison for five years and paying fines of up to $5,000. Of course, it all depends on the case. There are some drugs that come with even higher punishment, such as 15 years in prison and fines of up to $250,000.

Florida takes these cases seriously

Florida has a particularly tough time handling drug trafficking. As a result, they take possession charges seriously. Remember that it’s not just jail time and fines – a conviction could permanently mar your record and make getting a job, finding housing, and other essentials very difficult. Now is the time to call Gilbert and Smallman. We’ll start with a free consultation so you can understand your options.


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