Do you need a Naples or Ft. Myers Drug Offense Attorney?
In Florida it is a crime to possess certain drugs or controlled substances. Depending on the type of drug, the penalties may include fines, probation, two-year driver license suspension/revocation and jail/prison time.
What are the penalties for drug possession in Florida?
The penalties for drug possession in Florida will depend on the type of drug possessed, the amount possessed, and the geographical location of possession. For example, a conviction for possession of less than twenty (20) grams of marijuana (Cannabis) is a first-degree misdemeanor punishable by up to one year in jail or twelve (12) months probation, $1000 fine and a one-year driver license revocation. However, possession of more than twenty (20) grams of marijuana is a third-degree felony punishable by 5 years prison, a $5,000 fine, one-year driver license revocation. The penalties for possession of a controlled substance with intent to sell within 1,000 feet of a school or place of worship will be further enhanced depending on the type of drug possessed.
Clearly, the penalties for drug possession in Florida vary greatly depending on many factors. If you have been arrested for drug possession in Florida and would like to Contact a Drug Possession Attorney, please call 239-775-1004.
Can I really lose my license for a drug possession charge?
Yes! Florida law requires a one (1) year driver license revocation for a conviction for drug possession. For this reason, a criminal defense attorney will typically attempt to save a defendant’s license by negotiating with the prosecution for a plea offer that does not involve an “adjudication” for a drug possession charge.
Is it possible to obtain a hardship license after a license revocation for drug possession?
Yes, although it’s a two-step process and the result is not always consistent. The first thing we would do is ask the Judge to sign an order that permits the Department of Highway Safety and Motor Vehicles (DHSMV) to permit you to obtain a hardship license. However, the DHSMV will have its own requirements before they issue a license. You may be required to wait a period of six months before you can apply or you may be required to take a state mandated drug and alcohol course, before they consider your request.
Can two people be charged with possessing the same drugs?
Yes! Possession may be joint, that is, two or more people may be charged with possessing the same controlled substance.
What does the State have to prove to convict someone of possession of a controlled substance?
The State must prove beyond a reasonable doubt that:
1) The person possessed a certain substance.
2) The substance was (specific substance alleged)
3) The person had knowledge of the presence of the substance.
Will I be tested for drugs following a drug conviction?
A conviction for a drug-related offense will often result in Probation. A condition of probation for a drug-related offense will usually include a substance abuse evaluation with the requirement to complete any recommended treatment. It may also include random drug testing. Even in the case of a first offense where Pre-Trial Intervention (PTI) or Diversion may be offered, it is not uncommon for a substance abuse evaluation to be made a requirement for successful completion.
What happens if I test positive for illegal substances following a drug conviction?
One possible consequence may be the loss of your license for two years. For a more detailed discussion on this topic, please refer to our section on violations of probation.
What is drug paraphernalia?
Florida law makes it unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. According to Florida’s Standard Jury Instructions, this may include, but is not limited to, any of the following:
1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.
5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances.
7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.
8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as:
a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.
b) Water pipes.
c) Carburetion tubes and devices.
d) Smoking and carburetion masks.
e) Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand.
Contact a Naples Drug Offense Defense Attorney
If you have been accused of a Drug Offense in the State of Florida and would like to Contact a Drug Offense Attorney, please call 239-775-1004. Consultations are absolutely free and completely confidential.
Verderamo Law is committed to providing legal representation primarily in the fields of criminal law and personal injury law. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. For more information, call (239) 775-1004.