Our felony and misdemeanor drug attoney represents those accused of drug possession. Drug possession is an offense by someone who did not manufacture, distribute, or sell the controlled substance. To establish the elements of drug possession, the government must show the following:
1. The illegal nature of the controlled substance: The prosecutor must present evidence that the seized material is a controlled substance as defined by Florida law. This element generally requires scientific analysis by a crime lab;
2. The defendant’s knowledge of the drug: The prosecutor must show that the defendant actually knew or should have known about the illicit nature of the controlled substance and its presence;
3. The defendant’s control of the drug: The prosecutor must prove that the defendant had control over the location and presence of the controlled substance. A prosecutor likely has a more straightforward case if the defendant had the drugs on the defendant’s body or in a container held by the defendant. However, the prosecutor can also establish the defendant’s control by describing the location where the drugs were found and showing that the defendant controlled the premises.
“Drug Possession with intent to sell” includes all legal elements of simple possession, but also requires proof of the defendant’s intent to sell or distribute the drugs. The specific charge depends on the type and amount of controlled substance involved in the crime.
Drug possession laws also prohibit paraphernalia such as syringes, crack pipes or bongs. What constitutes this usually hinges on a determination of primary use. For example, a newly purchased water pipe may not be considered a marijuana bong unless it has drug residue or is sold explicitly as a marijuana bong. Laws also exist to restrict the possession of certain chemicals or materials commonly used in the cultivation or manufacturing of drugs, such as the laboratory equipment used to make methamphetamine.
Our Felony And Misdemeanor Drug Attorney Will Defend Your Rights
Criminal drug cases at KFBLaw are handled by an aggressive and experience criminal defense drug attorney very familiar with felony and misdemeanor drug offenses. We intentionally do not take on a high number of criminal cases to provide our clients with individualized attention and exceptional service. We feel that a high volume criminal practice prohibits us from providing that and so we seek to strike a winning balance between experienced criminal representation and a limited number of criminal cases so that our clients feel confident that all possible defenses and options are pursued without hesitation and without any constraints from lack of time from taking on too many criminal cases at one time. You will always deal personally and confidentially with a Misdemeanor drug lawyer and, in most cases, your lawyer can appear in court on your behalf so you may not have to attend all court proceedings.
From beginning to end, our drug attorney will ensure that your constitutional rights have not been violated and will determine if the government has sufficient evidence to prove the case to a jury beyond a reasonable doubt.