Jacksonville Drug Possession Lawyer

Aggressive Defense for Drug Possession Charges in Florida

Drug possession is a serious criminal offense in Florida. If you are convicted, you could face jail or prison time, fines, probation, and other penalties. A conviction will also result in a permanent criminal record, which can make it difficult to find employment, housing, or obtain professional licenses. 

Florida statutes are particularly stringent, reflecting the state's zero-tolerance stance on drug-related offenses. If you have been arrested for drug possession, it is crucial that you contact an experienced drug crime attorney as soon as possible, who can navigate the complexities of your situation and offer strategic guidance.

At Law Office of Russell B. McCormick, PA, we have extensive experience representing clients in all types of drug possession cases. We understand the stress and anxiety that comes with being charged with a crime, and we are here to provide the compassionate support and aggressive advocacy you need. 

Our Jacksonville drug possession lawyer will work tirelessly to protect your rights and fight for the best possible outcome in your situation, using a thorough approach that includes a detailed examination of the evidence and procedural tactics of the prosecution.

If you have been charged with drug possession, call our firm at (904) 353-0436 or contact us online for a consultation with a drug possession attorney in Jacksonville.

What Is Drug Possession?

Drug possession is a criminal offense that involves having illegal drugs in your possession. This can include having drugs on your person, in your vehicle, or in your home. You can be charged with drug possession even if you do not own the drugs or if you were not aware that they were in your possession.

Drug possession charges can be filed as either a misdemeanor or a felony, depending on the type and amount of drugs involved. In Florida, drug possession is typically charged as a third-degree felony, which is punishable by up to 5 years in prison and a $5,000 fine. However, if you are found to be in possession of a large amount of drugs, you could face first-degree felony charges, which are punishable by up to 30 years in prison and a $10,000 fine.

Types Of Drug Possession Cases We Handle in Jacksonville

Not all possession cases in Jacksonville look the same, and the way a case is charged often shapes your options. Some situations involve a small amount of a controlled substance for personal use, while others involve larger quantities, multiple baggies, or items like scales and cash that may lead the state to allege possession with intent to sell. 

Cases can also arise from prescription medications that are not in the original container or that belong to someone else, as well as from substances found in a shared car, home, or hotel room. Understanding where your case falls on this spectrum helps us focus on the facts that matter most in court.

Under Florida Statute § 893.13, it is unlawful to be in "actual" or "constructive" possession of a controlled substance without a valid prescription.

• Actual Possession: The substance was found on your person (in your hand, pocket, or clothing).
• Constructive Possession: The substance was found in a place you had control over (like your car’s center console or your apartment), and the state must prove you knew the drug was there.

What Are the Penalties for Drug Possession in Jacksonville, Florida?

Florida has some of the harshest drug possession laws in the country. The penalties for drug possession depend on the type and amount of drugs involved, as well as whether you have any prior drug convictions.

Drug possession penalties in Florida include:

• First-degree misdemeanor: Up to 1 year in jail and a $1,000 fine
• Third-degree felony: Up to 5 years in prison and a $5,000 fine
• First-degree felony: Up to 30 years in prison and a $10,000 fine

In addition to these penalties, a drug possession conviction will also result in a permanent criminal record. This can make it difficult to find employment, housing, or obtain professional licenses. You may also lose your eligibility for certain government benefits, such as student loans or public housing.

What Are the Defenses to Drug Possession Charges?

If you have been charged with drug possession, there are several defenses that may be available to you. The best defense strategy will depend on the specific circumstances of your case. An experienced drug possession lawyer in Jacksonville can review the facts and evidence in your case and help you determine the best course of action.

Some common defenses to drug possession charges include:

• Illegal search and seizure: The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If the police obtained the drugs through an illegal search, your attorney can file a motion to have the evidence suppressed.
• Constructive possession: To be convicted of drug possession, the prosecution must prove that you had actual or constructive possession of the drugs. If the drugs were not found on your person, your attorney can argue that you did not have control over the drugs and were not aware that they were in your possession.
• Missing drugs: The prosecution must prove that the drugs that were seized are the same drugs that were tested. If the drugs were lost or destroyed, your attorney can argue that the prosecution cannot prove that the drugs were illegal.
• Entrapment: If the police used entrapment to get you to commit a crime, your attorney can argue that you were unfairly targeted and the charges should be dismissed.

It is important to note that you can still be charged with drug possession even if the drugs were not found on your person. If the drugs were found in your vehicle or in your home, you could still be charged with drug possession if the prosecution can prove that you had control over the drugs and were aware that they were in your possession.

What To Do After A Drug Possession Arrest In Jacksonville?

The hours and days after a drug possession arrest can feel overwhelming, especially if you have never been through the criminal justice system before. Your decisions during this time can affect both the evidence in your case and the options you have later.

After an arrest, it can be helpful to take the following practical steps:

• Use your right to remain silent and avoid discussing the facts of the case with law enforcement, other inmates, or on recorded jail calls.
• Reach out to a criminal defense law firm as soon as possible so an attorney can begin reviewing the arrest and advising you before important court dates.
• Gather any information or documents that might be useful, such as prescription records, contact information for witnesses, or proof of employment or schooling.
• Follow any release conditions set by the Duval County court, including drug testing, no-contact orders, or travel restrictions, to avoid new violations.

Once you are released, meeting with a lawyer promptly allows time to investigate the stop or search, preserve any video or electronic evidence, and start preparing for upcoming hearings at the courthouse. Our focus is on giving you straightforward guidance that fits your life, so you are not navigating the Jacksonville criminal court process alone or in the dark about what comes next.

How Can a Drug Possession Lawyer Help?

If you have been charged with drug possession, it is crucial that you contact an experienced criminal defense attorney as soon as possible. The prosecution will begin building its case against you immediately, and you need someone on your side who will fight to protect your rights and your freedom.

A drug possession lawyer in Jacksonville can review the facts and evidence in your case and help you determine the best course of action. If the police obtained the drugs through an illegal search, your attorney can file a motion to have the evidence suppressed. If the drugs were lost or destroyed, your attorney can argue that the charges should be dismissed. If the prosecution has a strong case against you, your attorney can negotiate with the prosecution to have the charges reduced or seek alternative sentencing options.

At Law Office of Russell B. McCormick, PA, we have extensive experience representing clients in all types of drug possession cases. We understand the stress and anxiety that comes with being charged with a crime, and we are here to provide the compassionate support and aggressive advocacy you need. Our Jacksonville drug possession lawyer will work tirelessly to protect your rights and fight for the best possible outcome in your case.

If you have been charged with drug possession, call our drug possession attorney at (904) 353-0436 or contact us online for a consultation.