Clermont Drug Possession Lawyers

Representation for Clients Accused of Drug Possession in the Four Corners Area

When confronted with a drug possession accusation, a wave of urgent questions and deep concerns is natural. You may be wondering about the impact on your job, your family, and your future. At The Law Offices of Justin Rickman, we can provide clear answers to questions like these, as well as steady guidance through this disorienting time.

Our Clermont legal team is here for you, ready to provide strong support grounded in our extensive experience in criminal law. We are committed to walking you through the legal process and helping you understand the charges so you fully understand what you are facing. 

What Is Drug Possession?

In Florida, “drug possession” refers to unlawfully having a controlled substance in your possession. The law, primarily outlined in Florida Statutes Chapter 893 (the Florida Comprehensive Drug Abuse Prevention and Control Act), makes it illegal for individuals to possess substances designated by the state as controlled unless obtained with a valid prescription or through other lawful channels. Understanding what constitutes possession is key if you are facing charges.

Florida law recognizes two primary forms of possession. The first is actual possession. This generally means the substance is found directly on your person–for instance, in your hand, a pocket, or a personal bag you are carrying at that moment. It implies direct physical contact or control over the illicit substance.   

The second form, constructive possession, is more nuanced. Constructive possession can apply even if the drugs are not physically on you. It occurs if the substances are found in a place where you have control over them (like your home or car), and you are aware of their presence and their illegal nature. For the prosecution to prove constructive possession, they must clearly demonstrate both your knowledge of the drugs and your ability to exercise dominion and control over them. Simply being near drugs is not enough.

What Are the Penalties for Drug Possession in Florida?

Penalties for drug possession in Florida vary widely based on critical factors like the specific type and amount of the controlled substance, your prior criminal record, and even the location of the arrest (for example, if it was near a school or park). It’s a serious matter with consequences that are determined on a case-by-case basis.

Offenses can range from misdemeanors to felonies. For example, possessing 20 grams or less of marijuana is generally a first-degree misdemeanor, which may result in up to a year in jail and a $1,000 fine. However, possession of most other, more serious controlled substances, such as cocaine, heroin, or unlawfully possessed prescription drugs, is typically charged as a third-degree felony. This can lead to penalties of up to five years in prison and a $5,000 fine. Possessing larger quantities of certain drugs can result in even more severe felony charges, potentially with mandatory minimum prison sentences.

Beyond jail time and fines, a drug possession conviction can have lasting impacts on your life. These include a permanent criminal record, which can create challenges with employment and housing, the suspension of your driver’s license, mandatory drug counseling, and extended periods of probation. Given these serious potential outcomes, understanding the specific penalties you could face and having informed legal guidance is particularly important.

Together, we can carefully examine every potential defense and guide you through your case with clear, straightforward explanations every step of the way. Call (888) 835-5840 to schedule a consultation with a drug possession attorney in Clermont today.