Defending Against Possession of a Controlled Substance Charge in Florida: Why Miami Criminal Defense Attorney Dennis Gonzalez Jr. is Your Best Choice
Representing Clients Facing Drug Possession Charges in Miami-Dade County
Facing charges for possession of a controlled substance in Florida can have severe consequences, including hefty fines, imprisonment, and a permanent criminal record that can tarnish your reputation. To effectively combat drug possession charges, you need a skilled criminal defense lawyer on your side.
Facing charges for possession of a controlled substance in Florida can have severe consequences, including hefty fines, imprisonment, and a permanent criminal record that can tarnish your reputation. To effectively combat drug possession charges, you need a skilled criminal defense lawyer on your side.
Based in Miami, Criminal Defense Attorney Dennis Gonzalez Jr specializes in defending clients against drug possession charges in Miami, Fort Lauderdale, West Palm Beach, and across Florida. Dennis Gonzalez Jr and his legal team have an in-depth understanding of state and federal drug crime laws, as well as the distinctions between simple drug possession and possession with intent to sell. Our team is known for its dedication and commitment to protecting our clients' rights.
Contact Us at 305-209-0384 For A FREE Consultation!
Drug Possession Charges in Florida
Simple possession charges are less severe than possession with intent to sell charges, which may be applied when the amount of the drug is too substantial for personal use. Nevertheless, most controlled substance possession charges are classified as third-degree felonies, with the specific charges depending on the drug's schedule and quantity.
To secure a conviction for drug possession, the prosecution must prove that the confiscated material is a controlled substance and that you had actual knowledge or control of the drug. It's important to understand the difference between actual possession and constructive possession of an illegal drug. Actual possession refers to having physical custody of the controlled substance, like carrying it in your pants pocket. Constructive possession, conversely, only requires awareness of the drug's location, such as inside your car's glove compartment, and the ability to control the substance.
To convict you of possession with intent to distribute, the prosecution must demonstrate your intent. Evidence may include possession of items like scales and packaging materials, large sums of cash, weapons, customer lists, or other indications of sales activity.
Contact Us at 305-209-0384 For A FREE Consultation!
Drug Possession Charges in Florida
Simple possession charges are less severe than possession with intent to sell charges, which may be applied when the amount of the drug is too substantial for personal use. Nevertheless, most controlled substance possession charges are classified as third-degree felonies, with the specific charges depending on the drug's schedule and quantity.
To secure a conviction for drug possession, the prosecution must prove that the confiscated material is a controlled substance and that you had actual knowledge or control of the drug. It's important to understand the difference between actual possession and constructive possession of an illegal drug. Actual possession refers to having physical custody of the controlled substance, like carrying it in your pants pocket. Constructive possession, conversely, only requires awareness of the drug's location, such as inside your car's glove compartment, and the ability to control the substance.
To convict you of possession with intent to distribute, the prosecution must demonstrate your intent. Evidence may include possession of items like scales and packaging materials, large sums of cash, weapons, customer lists, or other indications of sales activity.
Drug Possession Penalties in Florida
Drug possession in Florida can be classified as a first, second, or third-degree felony. Possession of up to 20 grams of marijuana is a first-degree misdemeanor, carrying a punishment of up to one year in jail and a fine of up to $1,000. If charged with misdemeanor marijuana possession, you may qualify for a pretrial intervention program, which could result in dismissed charges upon program completion and provided that you have no criminal history.
Possession of more than 20 grams of marijuana may be considered a third-degree felony. Third-degree felony charges also apply to possession of up to 28 grams of cocaine, up to 4 grams of heroin, up to 10 grams of MDMA (Ecstasy), or up to 1 gram of LSD, punishable by up to 5 years in prison and fines of up to $5,000.
Possession of large amounts of a controlled substance—more than 25 pounds of marijuana, or over 28 grams of cocaine, 4 grams of heroin, 10 grams of Ecstasy, or 1 gram of LSD—can result in first-degree felony charges, punishable by up to 30 years in prison (minimum mandatory sentences apply) and fines up to $250,000.
It is also illegal to possess chemicals used to manufacture drugs like methamphetamine, GHB, or ecstasy, which is considered a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Unlawful possession of prescription medications can lead to various criminal charges, including prescription fraud.
In addition to fines and imprisonment, a drug possession conviction in Florida may lead to probation and immigration consequences such as deportation. Other severe consequences to consider include loss of driving privileges, ineligibility for state licenses, disqualification for government employment, college financial aid, public housing, or other government benefits. Furthermore, the lasting damage to your reputation can make it more challenging to secure employment or rent an apartment.
Florida Drug Possession Charge Defenses
The criminal defense team at Criminal Defense Attorney Dennis Gonzalez Jr is skilled at presenting a variety of defenses against drug possession charges. Our attorneys will conduct a comprehensive investigation, gather and examine all relevant evidence, and identify and interview witnesses, including law enforcement officers. We will determine if there were any errors or misconduct by law enforcement. For instance, evidence obtained through an improper search and seizure may be inadmissible in court.
Depending on the circumstances, we may be able to prove that the seized materials were not controlled substances under Florida law, or that drugs found in your home or car belonged to someone else. Other valid defenses to drug possession charges include lack of knowledge that the drug was a controlled substance, possession of a valid prescription from a medical professional, or entrapment.
Choose Criminal Defense Attorney Dennis Gonzalez Jr for Your Drug Possession Charges
If you have been charged with possession of a controlled substance in Florida, we will strategically develop the most robust defense possible. Understanding that a conviction can lead to severe punishments, we will provide aggressive legal representation. While we are committed to seeking a case dismissal or acquittal, we will also inform you of all your options. Our top priority is always your best interests, and we will help you make the best decisions for yourself, your family, and your future.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Featured Testimonials:
Anonymous drug possession client:
"Dennis genuinely helped me get a second chance in life. He truly cares and trusts your truth when the courts won't let you speak. When I was about to give up and admit to a crime I didn't commit just for them to leave me alone, I hired Dennis, and he treated me like family! Thank you, Dennis, for giving me my life back! I can't describe how it feels to have someone fight for you and put all their efforts into ensuring my voice was heard!"
Arrested for Possession of Controlled Substance in Miami
Posted by Monica / January 8, 2018
"Thank you so much! Dennis was able to get my case dismissed for possession of a controlled substance. My experience with Dennis was smooth and stress-free. I would recommend him to anyone!"
Drug Possession Penalties in Florida
Drug possession in Florida can be classified as a first, second, or third-degree felony. Possession of up to 20 grams of marijuana is a first-degree misdemeanor, carrying a punishment of up to one year in jail and a fine of up to $1,000. If charged with misdemeanor marijuana possession, you may qualify for a pretrial intervention program, which could result in dismissed charges upon program completion and provided that you have no criminal history.
Possession of more than 20 grams of marijuana may be considered a third-degree felony. Third-degree felony charges also apply to possession of up to 28 grams of cocaine, up to 4 grams of heroin, up to 10 grams of MDMA (Ecstasy), or up to 1 gram of LSD, punishable by up to 5 years in prison and fines of up to $5,000.
Possession of large amounts of a controlled substance—more than 25 pounds of marijuana, or over 28 grams of cocaine, 4 grams of heroin, 10 grams of Ecstasy, or 1 gram of LSD—can result in first-degree felony charges, punishable by up to 30 years in prison (minimum mandatory sentences apply) and fines up to $250,000.
It is also illegal to possess chemicals used to manufacture drugs like methamphetamine, GHB, or ecstasy, which is considered a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Unlawful possession of prescription medications can lead to various criminal charges, including prescription fraud.
In addition to fines and imprisonment, a drug possession conviction in Florida may lead to probation and immigration consequences such as deportation. Other severe consequences to consider include loss of driving privileges, ineligibility for state licenses, disqualification for government employment, college financial aid, public housing, or other government benefits. Furthermore, the lasting damage to your reputation can make it more challenging to secure employment or rent an apartment.
Florida Drug Possession Charge Defenses
The criminal defense team at Criminal Defense Attorney Dennis Gonzalez Jr is skilled at presenting a variety of defenses against drug possession charges. Our attorneys will conduct a comprehensive investigation, gather and examine all relevant evidence, and identify and interview witnesses, including law enforcement officers. We will determine if there were any errors or misconduct by law enforcement. For instance, evidence obtained through an improper search and seizure may be inadmissible in court.
Depending on the circumstances, we may be able to prove that the seized materials were not controlled substances under Florida law, or that drugs found in your home or car belonged to someone else. Other valid defenses to drug possession charges include lack of knowledge that the drug was a controlled substance, possession of a valid prescription from a medical professional, or entrapment.
Choose Criminal Defense Attorney Dennis Gonzalez Jr for Your Drug Possession Charges
If you have been charged with possession of a controlled substance in Florida, we will strategically develop the most robust defense possible. Understanding that a conviction can lead to severe punishments, we will provide aggressive legal representation. While we are committed to seeking a case dismissal or acquittal, we will also inform you of all your options. Our top priority is always your best interests, and we will help you make the best decisions for yourself, your family, and your future.
Contact our office today or fill out the convenient online contact form to schedule a free consultation.
Featured Testimonials:
Anonymous drug possession client:
"Dennis genuinely helped me get a second chance in life. He truly cares and trusts your truth when the courts won't let you speak. When I was about to give up and admit to a crime I didn't commit just for them to leave me alone, I hired Dennis, and he treated me like family! Thank you, Dennis, for giving me my life back! I can't describe how it feels to have someone fight for you and put all their efforts into ensuring my voice was heard!"
Arrested for Possession of Controlled Substance in Miami
Posted by Monica / January 8, 2018
"Thank you so much! Dennis was able to get my case dismissed for possession of a controlled substance. My experience with Dennis was smooth and stress-free. I would recommend him to anyone!"
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MIAMI CRIMINAL DEFENSE ATTORNEY DENNIS GONZALEZ JR 11401 SW 40 STREET, SUITE 204 Miami, FL 33165 (305) 209-0384 www.DGONZ.com |