Drug Possession Defense Lawyers in Fort Myers
Defending Your Constitutional Rights
Drug laws in the country create a confusing legal environment for ordinary citizens. With some states decriminalizing the medicinal or recreational use of marijuana while the federal government still prohibits its use, it can be hard for people to understand their legal rights and obligations when it comes to drug laws. Unfortunately, confusion about the current state of drug laws won’t convince a judge or prosecutor to drop your case.
Thankfully, our team at Powell, Jackman, Stevens & Ricciardi, P.A. is here to help. If you’ve been charged with possession of an illicit substance, you can count on our drug possession defense lawyers in Fort Myers to provide you with effective legal counsel and zealous advocacy for your legal interests. You can expect us to provide you and your case with personalized attention to make sure important facts and details don’t go overlooked.
For more information about how Powell, Jackman, Stevens & Ricciardi, P.A. can help you, call us at (239) 970-6844 today.
Drug Possession Crimes
Florida remains one of the states that hasn’t legalized the recreational use of marijuana. In 2016, the Florida constitution was amended to allow residents to use marijuana for medicinal purposes. Like many other drugs, the legal possession and use of marijuana requires a doctor’s prescription. One of the goals behind Florida and federal drug laws concerns minimizing the adverse effects of medications that present a certain risk of abuse and addiction. Florida’s drug laws mirror federal statutes regarding the classification of certain substances.
Florida law imposes strict criminal penalties regarding the possession of controlled substances according to the following schedule:
- Schedule I: The law considers drugs that fall under this schedule to provide little-to-no medical benefits while posing a high risk of abuse and addiction for users.
- Schedule II: Drugs that qualify as schedule II controlled substances have an accepted medical use but also poses a significant risk of abuse.
- Schedule III: Drugs that currently have an accepted medical use but provide only a moderate to low risk of physical dependence if abused fall under this schedule.
- Schedule IV: The law classifies drugs with a currently accepted medical use under this schedule if they present a low risk of addictions if abused.
- Schedule V: Drugs that contain other schedule substances among several ingredients are classified under this schedule if the ultimate mixture is less risky than a Schedule IV substance.
Possession of a controlled substance in Florida can lead to severe criminal penalties, especially for Schedule I controlled substances.
You can benefit from effective drug possession defense strategies, such as :
- Evidence of possession: In many cases, there is no direct evidence that the defendant had actual possession of drugs. The prosecution might infer possession by presenting evidence that the defendant had exclusive dominion and control of the area where drugs were found. If you did not have exclusive dominion and control over where police found drugs and the government has no other evidence of possession, they might not have a case against you. Constructive Possession will then be their theory of prosecution and the prosecutor will have to show that the drugs were within your control, even if shared control; that you knew the drugs were in that location; and that you knew the drugs were illegal.
- Probable cause: If you did not consent to a search, and law enforcement did not have reasonable and articulable suspicion to search you, your home, your car or other personal effects, then any evidence the search may be deemed unreasonable. If the search is deemed unreasonable, the evidence obtained as a result of that search will not be admissible at trial.
- Defective police procedures: Sometimes police make procedural mistakes, such as forgetting to read you your Miranda rights before questioning. In extreme cases, some law enforcement agents might deliberately ignore protocol and the accused’s constitutional rights to get important evidence or make an arrest. Mistakes and misconduct can provide you with a basis for excluding the state’s evidence and even your case.
Contact Our Office to Speak with Fort Myers Drug Possession Defense Attorney
You don’t have to confront criminal charges without an experienced drug possession defense lawyer from Fort Myers to defend you and your rights. At Powell, Jackman, Stevens & Ricciardi, P.A., you can take advantage of the services provided by our legal team. We are dedicated to defending your constitutional right to have a fair trial.
Get in touch with a qualified attorney about your case by contacting our office onlineor calling us at (239) 970-6844 so you can schedule a free consultation about your case.