The State of Florida criminalizes the possession of many types of drugs, ranging from marijuana to controlled substances. Many of these crimes are felonies. However, possession of small amounts of marijuana is a misdemeanor. Although misdemeanors do not carry as much jail time as felonies, it is important to seek legal representation immediately to ensure your legal rights are protected once you have been charged with such a crime.
What must the prosecution prove in a possession case?
An individual may be charged with misdemeanor possession of marijuana if the individual has less than 20 grams of the substance in his possession.
Possession may be actual or constructive. With actual possession, the substance is found on the accused’s person. With constructive possession, the prosecution must show that the accused had access to the drug. Multiple individuals may have constructive possession of a drug.
The prosecution must also prove that the accused intended to possess the drug or did not have a prescription for it.
How can my attorney defend against my charges?
There are many possible defenses that may be available in your possession case.
If you were searched in such a way that violated your constitutional rights, it may be possible to have your charges dismissed. Many individuals arrested for possession of marijuana are unaware that their constitutional rights have even been violated. However, Florida criminal defense attorneys quickly identify such violations and fight them aggressively.
Additionally, it may be possible to prove that you knew nothing about the marijuana you are accused of possessing. For example, if you were in a vehicle with your friend, and that friend had marijuana in the car, it may be possible to show you had no idea that marijuana was present.
Penalties for misdemeanor possession of marijuana
Possessing less than 20 grams of marijuana is punishable by up to one year in jail, up to a year of probation, and up to a $1,000 fine. If you are adjudicated guilty there is a mandatory driver’s license suspension of one year. Some judges sentence first time offenders to probation. The odds of a favorable outcome increase with the assistance of a skilled Jacksonville, Florida criminal defense attorney.
Call Robert Corse, Attorney at Law today
Attorney Robert Corse is skilled in defending his clients against misdemeanor marijuana possession charges and works hard to ensure they receive the representation they deserve. To schedule your free consultation, call 904-634-1701.