When dealing with a first-time drug possession charge, having knowledgeable and compassionate legal support can make all the difference.
In Florida, the penalties for drug possession can vary widely depending on several factors, including the type of drug and the amount involved. This blog will provide an overview of what first-time drug offenders can expect, the penalties for different drugs, and how our experienced criminal defense attorneys at Fletcher & Fletcher can assist you.
First-Time Drug Possession Charges in Florida
If you are caught with drugs for the first time in Florida, the initial process typically involves an arrest followed by a court appearance. Here’s what to expect:
- Arrest and Booking: After being arrested, you will be taken to the police station for booking, which involves taking your fingerprints and photographs.
- Initial Court Appearance: You will appear before a judge, who will inform you of the charges against you and may set bail.
- Pre-Trial Procedures: This phase may include hearings and negotiations. Your Florida criminal defense lawyer might work to reduce charges or negotiate a plea deal. Our drug attorney, Rick Fletcher, can assist you from pre-trials to the final resolution of your case, ensuring that your rights are protected throughout the proceedings.
What Does “Possession of a Controlled Substance” in Florida Mean?
To be charged with possession, you must first be aware that the substance is illegal. Then, one of the following situations must apply:
- Actual Possession: The controlled substance, such as cocaine, was found directly in your possession.
- Constructive Possession: You were aware of the controlled substance in your vicinity and had control over it, even if it was not physically on you at the time of the arrest.
Penalties for First-Time Drug Offenses in Florida
If you are found in possession of a controlled substance in Florida without a valid medical prescription, you may face drug possession charges under Section 893.13(6)(a) of the Florida Statutes. Even as a first-time offender, the consequences can be severe, including incarceration, substantial fines, and fees.
Controlled substances commonly implicated in these cases in Florida include:
- Oxycodone
- Methamphetamine
- Cocaine
- Heroin
- Fentanyl
- Xanax
- LSD
- MDMA
- Ecstasy
- Peyote
- Psilocybin
- Other opiates
Florida classifies drugs into schedules, with Schedule I drugs considered the most dangerous and having the highest potential for abuse.
Schedule I Drugs
Examples of Schedule I drugs include:
- Heroin
- LSD
- MDMA (Ecstasy)
Possession of any amount can result in a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
Schedule II Drugs
Examples of Schedule II drugs include the following:
- Cocaine
- Methamphetamine
- Oxycodone (without a prescription)
Similar to Schedule I, possession can lead to a third-degree felony with severe penalties.
Marijuana (Cannabis)
Penalties for marijuana possession are relatively lighter. Possession of less than 20 grams is treated as a misdemeanor, with possible penalties including:
- Up to one year in jail
- A fine of up to $1,000
For possession of more than 20 grams, it’s a third-degree felony, potentially leading to:
- Up to 5 years in prison
- A $5,000 fine
With a good Florida criminal defense lawyer, minor marijuana possession cases often result in dismissed charges, as judges and prosecutors may prefer to settle these cases without a conviction.
Other Controlled Substances
Other controlled substances encompass prescription medications without a valid prescription and synthetic drugs. The penalties for these vary widely depending on the quantity and type of drug, ranging from misdemeanors to felonies with different levels of fines and jail time.
Given the potential penalties and the impact on your reputation, it’s crucial to seek the assistance of an experienced drug attorney to help reduce the consequences of drug charges.
What Happens if You are Convicted?
A conviction for drug possession can have serious consequences beyond jail time. Here’s what you might face:
- Jail or Prison Time: Depending on the severity of the charge, you could face significant time behind bars.
- Fines: Convictions typically come with hefty fines.
- Probation: You might be placed on probation, which includes regular check-ins with a probation officer and adhering to specific conditions like avoiding certain places or people.
- Criminal Record: A drug conviction will appear on your criminal record, potentially impacting your employment opportunities, educational prospects, and more.
- Driver’s License Suspension: In some cases, your driver’s license may be suspended.
How Our Drug Charges Lawyers at Fletcher & Fletcher Can Help
Navigating the legal system can be overwhelming, especially when facing drug charges. Here’s how our drug charges lawyers at Fletcher & Fletcher can assist you:
- Legal Representation: We provide knowledgeable representation backed by years of proven experience to ensure that your rights are safeguarded throughout the legal process.
- Case Evaluation: We thoroughly review your case to identify any weaknesses or violations of your rights that could be used in your defense. We’ll answer your concerns and make you feel supported every step of the way.
- Negotiation: We work to negotiate plea deals or alternative sentencing options, such as drug diversion programs that might keep you out of jail.
- Court Representation: We represent you in court, presenting a strong defense to minimize or dismiss charges whenever possible.
Contact Us at Fletcher & Fletcher, and Let’s Start Building Your Defense!
Facing a first-time drug possession charge in Florida is serious. Knowing the process and potential consequences can help you prepare. Penalties vary by drug type and other factors, but experienced legal representation can greatly influence the outcome.
Fletcher & Fletcher is ready to guide you through this challenging time, aiming to protect your rights and secure the best possible result for your case. If you or a loved one is facing drug charges, contact us today at 727-369-9850 to discuss your case and explore your options.
