Criminal Lawyer - Controlled Substance Possession Clearwater - New Port Richey - Tampa A Board Certified criminal attorney can fight your arrest for possession of controlled substance WHAT IS A CONTROLLED SUBSTANCE? A Controlled Substance is any drug listed under Florida Statute 893.03. This statute is very long, very detailed, and very confusing. Florida Statute 893.03 categorizes different drugs under different Schedules. Schedule I controlled substances have a high potential for abuse and have no currently accepted medical use in treatment in the United States. Heroin, LSD, mescaline, peyote, Methaqualone (Quaaludes) are examples of Schedule I controlled substances. It is always illegal to possess Schedule I controlled substances. Schedule II controlled substances have a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, because abuse of the substance may lead to severe psychological or physical dependence. Opium, Hydrocodone (Vicodin, Lortab), Morphine, Oxycodone (Percocet), Cocaine, Methadone, Methamphetamine (Meth). are examples of Schedule II controlled substances. Schedule III controlled substances have a currently accepted medical use in treatment in the United States, but abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Anabolic Steroids and Ketamine (Special K) are examples of 1 / 5
Schedule III controlled substances Schedule IV controlled substances have a low potential for abuse relative to the substances in Schedule III and have accepted medical use in treatment in the United States, but abuse may lead to limited physical or psychological dependence relative to the substances. Alprazolam (Xanax), Clonazepam (Klonopin), Diazepam (Valium) Schedule V controlled substances have even a lower potential for abuse than Schedule IV controlled substances. Buprenorphine (Norspan) is an example of a Schedule V controlled Substance.There are literally hundred of different drugs that are currently listed in Florida as controlled substances. It is important to speak with an experienced criminal attorney to determine the particulars of your case. PENALTIES Depending on the amount of the controlled substance that a person possesses, the possession can be either a third degree felony or a first degree felony. For instance, if you possess less than 4 grams of oxycodone, it is a third degree felony punishable by a maximum of 5 years in prison and a $5,000 fine. If you possess more than 4 grams of oxycodone, it is th e crime of trafficking which is a first degree felony punishable by a maximum of 30 years in prison. The amount of drugs that constitutes trafficking differs depending on the drug. In addition, your Florida driver's license will be suspended for two years if you are adjudicated guilty of Possession of a Controlled Substance 2 / 5
WEIGHT OF THE SUBSTANCE IS VERY IMPORTANT The weight of a substance is deceiving. For example, 4 grams of oxycodone is the amount required for trafficking. If a person is illegally in possession of 40 30mg oxycodone pills, they will erroneously believe that they are below the threshold for trafficking because 40 times 30 mg is only 1.2 grams. However, under Florida law, the whole pill is weighed. The illegal ingredient in the pill may be only 30 mg, but the pill contains other ingredients and therefore weighs approximately 100 mg.. Therefore, if you have more than 40 pills, you will be charged with trafficking. AN EXPERIENCED CRIMINAL LAWYER CAN HELP Fortunately, there are many ways that an experienced criminal attorney can help you fight the drug charge of Possession of a Controlled Substance. The United States Constitution protects citizens against illegal searches and seizures. The exclusionary rule makes any evidence inadmissable if it is obtained in violation of a person's constitutional rights. Therefore, even if you were in possession of a Controlled Substance, your criminal lawyer can have the case dismissed if your rights were violated by the arresting police officer Here are just a few of the many questions that an experienced criminal defense attorney needs to ask in order to determine whether your rights were violated: Q: Did the police officer have reasonable suspicion to make an initial stop? Q: Was the stop's duration only temporary to allow the least intrusive means available to dispel the officer's suspicion in a short time? Q: Did the officer have a reasonable belief that you were armed and dangerous in order to frisk you for weapons prior to your arrest? Q: Did the police officer have probable cause to make an arrest? Q: Did the police officer obtain uncoerced consent to search your person or your vehicle? Q: Did the police officer search areas only within his lawful scope? 3 / 5
If the answer to any of these questions is no, then your rights were violated and the case against you should be dismissed! DOWNWARD DEPARTURES Many defendants are interested in resolving their cases by entering into a plea bargain. You may qualify for a downward departure from the court which could lead to a non prison sentence. I can assist you in getting accepted into drug treatment as a possible alternative to incarceration ELEMENTS OF CRIME OF OF A CONTROLLED SUBSTANCE In order to convict a person for possession of a controlled substance, the State Attorney has to prove three elements beyond all reasonable doubt (1) the Defendant was in possession of a Controlled Substance (2) the Defendant did not have legal prescription for the Controlled Substance (3) the Defendant had knowledge of the presence of the Controlled Substance If the controlled substance is found in a place in which a person does not have control, in order to prove constructive possession, the state must prove the person's actual control over the controlled substance and knowledge of its presence. However, mere proximity to the controlled substance is not sufficient to establish control if it is contained in a place in which the person does not exercise control. Possession does not need to be exclusive. In other words, if two people are in joint possession, they can both be prosecuted. A good criminal attorney will be able to successfully argue that you never exercised control over the controlled substance and that you had no knowledge of its presence. HIRE A SPECIALIST I am an experienced Board Certified Trial Specialist. Less than one percent of attorneys in Florida are Board Certified. Only Board Certified attorneys are permitted to call themselves specialists or experts in Criminal Law. Common sense dictates that you don't hire a family doctor to perform brain surgery - you hire a specialist. Likewise, because your freedom is at stake, don't make the mistake of hiring a criminal lawyer who isn't recognized by 4 / 5
the Florida Bar as a specialist in criminal law. Instead, hire a criminal attorney who is Board Certified. DON'T HESITATE TO CALL If you need a criminal lawyer because you are charged with possession of a controlled substance such as heroin, LSD, mescaline, peyote, methaqualone (quaaludes), opium, hydrocodone (Vicodin, Lortab), morphine, oxycodone (Percocet), cocaine, methadone, methamphetamine (meth), anabolic steroids, ketamine (Special K), alprazolam (Xanax), clonazepam (Klonopin), or diazepam (Valium) in Cle arwater, New Port Richey, or somewhere else in the Tampa Bay area, don't hesitate to call an experienced board certified criminal attorney. We offer Free Consultation s and individually suited Payment Plans THREE CONVENIENT OFFICES Pinellas Office 28471 U.S. Hwy 19 N, St 505 Clearwater, FL 33761 Pasco Office 2150 Seven Springs Bvd. Trinity, FL 34655 Hillsborough Office 2203 North Lois Ave., Ste 900 Tampa, FL 33607 5 / 5