State law in Florida criminalizes possession of many different types of controlled substances. This includes illegal narcotics as well as certain pharmaceutical drugs unless they were lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner.
A person who is charged with having possessed even small amounts of a controlled substance can still face very serious penalties. In most cases of so-called “simple possession,” these are felony offenses punishable by lengthy prison sentences as well as very steep fines.
If you have been arrested for possession of an illegal drug in Melboure Florida, Brevard County, you will need to obtain legal representation as soon as possible. The Law Offices of James B. Coulter has extensive experience handling these types of cases on both sides of the aisle, and our lawyers will fight to have criminal charges reduced or completely dismissed.
Our Brevard County controlled substance possession attorney defends clients in Palm Bay and Melbourne and surrounding areas of Brevard County Florida. Our attorneys also represent tourists and other out-of-state visitors who often times find themself facing criminal charges after taking vacation in Florida. You can call (321) 586-9944 right now to take advantage of a free consultation that will allow our firm to review your case and discuss all of your legal options.
Just as Florida Statute § 893.13(6)(a) states that a person cannot be in actual or constructive possession of a controlled substance unless it was legally obtained with a valid prescription, Florida Statute § 893.13(5) also prohibits people from bringing controlled substances into Florida unless that person is licensed to possess such a controlled substance by an appropriate federal agency. The type of possession does not necessarily affect the classification of the offense, but it may impact the strength of the case against the alleged offender.
The two types of possession have the following differences:
The possible classification for alleged actual or constructive possession of a controlled substance ranges in severity from first-degree misdemeanor to first-degree felony. The statutory maximum sentences that are possible in these cases are as follows:
These penalties do not account for the multitude of long-term consequences that can also apply if a person is convicted or possessing a controlled substance. For example, college students may be ineligible to receive federal student aid.
The classification of the crime depends on how the illegal drug itself is classified under Florida law.
Drug schedules were established with Congress passing the Comprehensive Drug Abuse Prevention and Control Act of 1970, otherwise known as the Controlled Substances Act (CSA). Schedules are used to rank or classify drugs according to their potential for abuse and currently accepted medical use in treatment.
The standards and schedules established under Florida Statute § 893.03 are largely similar to the federal schedules. Florida has the following five schedules:
Were you arrested in Florida for alleged actual or constructive possession of an illegal drug or possibly arrested in Cap Canaveral while about a cruise ship? You can give yourself the best chance of the most favorable outcome to your case by immediately retaining legal counsel.
The The Law Offices of James B. Coulter aggressively defends residents throughout the Satellite Beach area as well as many tourists who live in other states but were charged with this crime while visiting Florida. Let our Brevard County drug possession attorney review your case by calling (321) 586-9944 today to schedule a free, confidential consultation.