Drug Charges

Drug Charges Criminal Defense in Estero, FL

The federal government and states classify a number of drugs as “controlled substances.” If a person is found in possession of a controlled substance without authorization, such as a doctor’s prescription, they can be charged with drug possession. In many cases, simple drug possession is a misdemeanor punishable by no more than a year in county jail and a fine of. But depending on the type and amount of drugs recovered, a suspect may face more severe charges and penalties.

Keep in mind, a controlled substance does not just refer to “street drugs” like cocaine, heroin, or LSD. It also covers common prescription drugs like Valium or Xanax. In other words, if a police officer finds you with a bottle of prescription pills, and you do not have a valid prescription, you can be charged with drug possession the same as if you had a plastic baggie with cocaine.

What Are the Defenses to a Drug Possession Charge?

In any drug case, prosecutors must prove that the defendant had actual or constructive possession of a controlled substance without a valid prescription. “Possession” in this context means the defendant had control over the drugs in question. This does not necessarily require proof the defendant had the drugs on their person at the time of their arrest. If the drugs were found in an area under the defendant’s control, such as their trunk or gym locker, that can be enough to show “constructive” possession.

Beyond possession, the prosecution must also prove that the defendant had “knowledge” of both the presence of a controlled substance, as well as the fact the item in question was a controlled substance. There must also be a “usable amount” of the controlled substance, as opposed to a mere trace of it.

One common defense in a drug case is therefore to show that the prosecution cannot prove possession and/or knowledge. Perhaps the drugs were placed in the defendant’s truck without their knowledge. Or maybe the drugs were found in the common area of an apartment subject to control of other individuals.

It may also be that the drugs were recovered during an illegal or unconstitutional search. Remember, the police either need the owner’s consent to search their property or first obtain a valid warrant (with some exceptions). If the police recovered the drugs during an improper search, it cannot be used against the defendant as evidence in court. And without the drugs, it is virtually impossible to sustain a drug charge.

Get Legal Advice When Dealing with a Drug Charge

As noted above, simple possession is just one drug crime that a person can be charged with under the law. Prosecutors may also charge a defendant with “possession of a controlled substance for sale” or even the “sale and transportation of controlled substances.” These charges typically carry much stiffer penalties than simple possession.

If you need legal advice or representation in connection with a drug charge, contact Diane Gonzalez, Attorney at Law today.