Ready To Defend You Against Any Type Of Drug Possession Charges In Florida
The real-life consequences of a drug conviction will increase based on the type and amount of drugs involved and the type of charges. The facts of each case are unique, and your defense should be too. Janet E. Johnson will tailor the legal strategy to meet your needs, and she will take the time to work with you directly throughout the duration of your case. You can take advantage of a free consultation by calling 904-820-3455.
Attorney Janet E. Johnson is ready to aggressively defend you against drug charges, the most common of which are discussed below.
Drug Possession (Actual Or Constructive)
Simple possession charges fall into two basic categories. Actual possession is when the drugs allegedly involved were found on the person. Constructive possession is not as clear, as the drugs could have been found somewhere other than the person – a car, for instance. Since no one claims them, all people in the car are said to “constructively” possess drugs. Many people face drug possession charges for reasons that are beyond their control, such as borrowing a friend’s car only to have the police discover marijuana under the seat during a routine traffic stop.
Another example would be giving a ride to your friends, not knowing that they had pills or drugs on them. If the pills or drugs were then discovered, the driver was said to have constructive possession because he or she should have known that there were pills or drugs inside the vehicle. Many of the people who are caught in this way are college students who risk losing their financial aid if they are convicted of drug possession. These are cases to be taken very seriously, but the right attorney can make a huge difference. Ms. Johnson has helped previous clients come out of the situation with no conviction, no loss of driver’s license and no loss of student loans.
Possession With Intent To Distribute
This crime is charged when the drugs are in high enough volume to make a sale likely. The amount of a controlled substance and the type of drug paraphernalia found in possession both play a role. When police find more than one ounce of marijuana, they can charge people with possession with intent to distribute, especially if drugs are discovered in many separate baggies, or combined with a scale and sandwich bags.
Possession can be either physical possession (on the person) or constructive possession (in a place controlled by the person). Janet E. Johnson has significant experience defending clients against accusations of possession with intent to distribute. For instance, Janet E. Johnson strives to have charges reduced or dismissed by challenging evidence brought against her clients. There have been cases where people were pulled over for minor traffic violations and ended up having their vehicles searched. During that search, the officer may find some amount of marijuana, cocaine or another controlled substance, plus baggies, scales or other items connected with the sale of such substances. These connections do not necessarily mean an individual intended to sell drugs. Also, the officer may not have had probable cause to search the vehicle. Attorney Janet E. Johnson will thoroughly investigate everything that happened to you to determine your full list of defense options.
Drug Trafficking Charges
Drug trafficking is a very serious offense that must be defended aggressively. This charge is determined solely by the weight of the items found. If the quantity of drugs is significant, prosecutors will charge you with trafficking. If you are convicted, you face mandatory minimum jail time and fines. Do not take a chance with your case. Contact Janet E. Johnson immediately to get the help you need to defend these charges.
Most Commonly Used Drugs In Florida
Drug use is a problem in Florida as it is in many parts of the country. In Florida, the most common drugs are:
- Cocaine
- Methamphetamine
- Heroin
- Marijuana
- Prescription drugs
Police have a tendency to “pick on” certain individuals with substance abuse problems. They look at these people as opportunities to climb the ladder to a higher-level offender. Any addict can become an unwilling tool, but in that same vein, this strategy does little to help the person who is often at greater risk of further addiction and abuse.
Treatment And Rehab Options For Offenders
Florida courts and prisons recognize that for many drug offenders, many of their criminal actions stem from addiction and lack of opportunity, not the other way around. There are compassionate programs available in Florida, such as:
- Drug courts: These aren’t available in every county, but they do allow for an alternative system to county court in hearing drug cases.
- Residential treatment programs: These are inpatient facilities that are often offered instead of prison for nonviolent drug offenses.
- Reentry programs: For incarcerated addicts, Florida maintains a considerable assistance program to help prisoners prepare themselves for reentry. This includes drug counseling as a major component when necessary.
Drug and alcohol rehab have a proven track record that discourages recidivism for released inmates. It’s very apparent that treating inmates with compassion can lead to long term, better outcomes.
Attorney Janet E. Johnson can work with you to find a better venue or outcome for you when it comes to your drug case. She understands all of the options available and can counsel you on your next steps and the way to achieve your goals.
Common Questions About Drug Crimes
Details matter when you face drug charges and that can leave you with important questions. Janet E. Johnson, P.A., is proud to provide answers to these frequently asked questions as well as the unique concerns our clients face.
How are drugs classified?
In Florida, drugs fall into a number of different classifications ranging from Schedule V to Schedule I. Schedule V and IV drugs have a lower likelihood of addiction and accepted medical uses, while Schedule III drugs have a greater potential for abuse. While they may have medicinal use, Schedule II drugs put the user at an even higher risk of addiction or physical harm. Finally, Schedule I drugs are those that do not have an accepted medical use and are considered the most dangerous under Florida law.
What are the penalties for drug possession?
If you have been charged with drug possession, the consequences for a conviction depend on the drug involved. The closer to Schedule I a drug is, the more serious penalties a person may face for possessing that substance.
The amount of controlled substance involved in the charges also matters. Possession of even small amounts of a controlled substance could lead to fines and jail time. However, charges that involve larger amounts of a substance or possession with an intent to sell can result in more severe consequences.
Could I face charges even if I had a prescription?
Unfortunately, a prescription does not guarantee that you will not face legal issues for carrying your medication. Removing a prescription drug from its bottle is illegal and could lead to an arrest.
What are my rights after an arrest?
While facing drug charges is challenging, you can still take steps to protect yourself and your rights. You have the right to refuse to answer questions, and you have the right to seek guidance from an attorney. You also have the right to a fair trial, and the police must follow regulations when investigating the charges against you.
It can be particularly important to seek help from an attorney soon after an arrest. Not only can they help you understand your rights and build a strong defense against the charges you face, but they can also identify any violations of your rights that occur during the legal process.
Is it legal for police to search my car or home for drugs?
As with many criminal defense questions, the answer is: It depends. Generally, police need to obtain a search warrant or otherwise be able to establish probable cause. Because this can be a tricky and contested issue, it’s important to discuss the details with an attorney.
The answer is different in every case and will depend on the overall factors of the case. However, search and seizure issues are very common in drug crime cases, and a good defense lawyer will take a close look at the circumstances surrounding the search conducted by law enforcement.
Is recreational marijuana legal in Florida?
No, it is not. The state legalized medicinal marijuana in 2016 and it is tightly regulated. Marijuana laws can be confusing because they are changing all the time in states around the country. Unfortunately, that often leads people to assume that laws in their home state are more permissive than they actually are. If you’ve been charged with a marijuana offense or need clarification on a criminal issue related to marijuana, it’s a good idea to speak to an experienced criminal defense attorney.
How much of a drug must be found before police charge possession with intent to distribute?
It depends on the type of drug in question. For drugs considered especially dangerous, the quantity threshold is lower. That being said, quantity is not the only factor that prosecutors will consider when deciding to bring such a charge.
In many cases, prosecutors attempt to bring the most serious charges they feel they can justify. For this reason, a charge of possession with intent to distribute is often inappropriate and unsupported by the evidence. An experienced criminal defense attorney can work to have your charges reduced or thrown out entirely.
Can I face criminal charges for possessing a prescription drug?
Yes, you absolutely can. Prescription drug abuse and illegal sales of prescription drugs are major problems in Florida, and these cases are prosecuted as aggressively as those involving street drugs. The key question in your case is: Do you have a valid prescription for the drugs?
If the drugs found on your person were in a valid prescription pill bottle with your name on it, they are likely legal to possess. Even if you were holding a friend’s prescription pill bottle, however, police could technically arrest you for illegal possession. As with any criminal matter, it’s important to have a knowledgeable legal advocate protecting your rights.
Why do I need a defense lawyer if I plan to take the plea deal offered by prosecutors?
The prosecutors want you to plead guilty because it resolves the case quickly and cheaply. They don’t care whether the deal is fair to you. For this reason, the deal that prosecutors offer is likely to be far less favorable than one that an experienced attorney could negotiate on your behalf.
Additionally, you should not decide that you need to plead guilty before an attorney examines the details of your case. You likely have more legal options than you realize, and it’s unwise to resign yourself to a conviction if it can be avoided.
Learn About Your Options By Speaking To An Attorney For Free
If you’ve been arrested for a drug offense in Florida, don’t take chances with your freedom or your future. Instead, contact Janet E. Johnson, P.A., in Jacksonville for a free initial consultation. The firm serves clients throughout the state. To get started, reach out online or call 904-820-3455 today.