The State of Florida has some of the harshest penalties in the United States for drug-related crimes. Florida, especially South Florida, is a primary point for drug trafficking in the U.S. due to its geographic locations. Because of this, drug arrests are zealously pursued and innocent people are often caught in the net. If you have been charged with drug possession in the Miami area, learn about your rights and contact an experienced criminal defense attorney.
Types of Drug Possession Cases We Defend
Drug possession charges can result in either a felony or misdemeanor conviction, depending on the type and quantity of narcotics involved. Other factors that are taken into consideration are whether or not guns were seized in conjunction with your arrest and whether or not you have any prior serious convictions. For example, prior felony convictions, especially violent felony charges, will affect the charges you face now. These considerations are another reason why you need an experienced and knowledgeable drug possession defense lawyer. At The Law Offices of Matthew Konecky, PA, we handle cases for all types of controlled substances, including:
- Marijuana (cannabis)
- Opioids such as heroin and opium
- Stimulants such as amphetamines and methamphetamines (meth)
- Club drugs including Ecstasy, Adam, Eve, Liquid Ecstasy, Rohypnol, and others
- Other synthetic drugs such as bath salts, K2, and Spice
- Prescription meds like codeine, morphine, Oxycontin, and others
- Hallucinogens such as mescaline (mesc) and others
Penalties associated with the above controlled substances can vary greatly depending on the type and quantities seized. We can assist you with additional charges that may be pressed against you such as possession with intent to distribute, possession with intent to sell, prescription drug fraud, drug manufacturing, possession of drug paraphernalia, and gun possession. If convicted of these any of these charges, you could be facing a mandatory prison sentence, severe fines, or a very lengthy probation. Also, if you are convicted of drug possession in Florida, your driver’s license can be suspended for up to two years.
Aggressive Drug Possession Defense Strategy
If you are facing charges for drug possession or any other drug crime, as your defense attorney, I will examine all the facts of your case to determine the best strategy for your defense. I will aggressively contest the charges during the preliminary hearing, moving for dismissal.
There are typically two types of possession: actual possession and constructive possession. Actual possession is fairly straightforward. The drugs are found on your person, in your purse, or in your backpack. In other words, the drugs are found in a place where you would normally have actual control. In the instance of constructive possession, the courts would need to prove that you knew about the existence of the narcotics, you had dominion and control over them (as you would if you had actual possession), and you knew that it was an illegal substance. A good example of a constructive possession charge is when police have searched your car’s glove box and found drugs.
Some of the typical defense tactics we can use to assist you are:
- Lack of knowledge or lack of dominion & control. If other people had access to where the drugs were found, did you know drugs were present? Who actually had possession or control of the narcotics?
- Illegal search and seizure. Did the police have the right authority to search you, your home, or your vehicle? Were you coerced into being searched? Did the police have a warrant? These are protections asserted to you under the Fourth Amendment.
- Overdose defense. If you or the person you were with was overdosing and you called for medical assistance, you can't be charged.
- Probable cause. Did the police have probable cause to arrest you?
In the event that any of these situations are present, we can have the evidence suppressed and ask for a dismissal of the charges against you. Should the case go to trial, we will put together the best possible defense for you. If probation is an option, we will negotiate the best terms for you versus a prison sentence.
It's important to remember that conviction of drug possession or any drug-related crime in the State of Florida will have serious long-term repercussions. You will have a permanent record which will affect your ability to get a job, pass background checks, rent a home, and worse. Don’t leave your future to chance. Even if it seems like there is a strong case against you, a good attorney can get jail time greatly reduced or even eliminated.
Contact Us for a Consultation About Your Drug Possession Charge
If you are facing charges for drug possession, drug trafficking, or racketeering, contact Matthew Konecky, PA immediately. As an experienced Palm Beach drug possession defense attorney, I understand the laws and penalties associated with drug possession charges in the State of Florida. Each case is different and I will devise a solid defensive strategy based on the facts of your case and the tenants of the law. As a small law firm that specializes in criminal defense, I will provide personalized, dedicated attention, prompt responses to phone calls, emails, and inquiries, and aggressively defend your case for the most favorable outcome possible. Contact us now for a consultation. I can help you protect your rights, your life, and your future. The consequences of a conviction can be very severe. We will work to get the charges dismissed or your sentenced reduced and ensure you have the best defense possible.