Orlando Drug Possession Lawyers

OUR ORLANDO DRUG POSSESSION LAWYERS WILL DEFEND YOUR REPUTATION IN COURT

If you think an arrest for drug possession is no big deal, you’re wrong — it is, so you need to hire our Orlando drug possession lawyers to defend you. Unless a minimal amount of marijuana is the substance involved, you’ll be charged with a felony. If you’re arrested with a large enough amount, you may also face federal and state trafficking charges. Protect yourself, your family, and your future by taking this seriously.

If you’re being investigated for drug possession or have already been charged, contact our top Orlando drug possession lawyers who will fight for you and your rights. Drug possession charges could result in jail time, so take action and contact a drug lawyer Orlando at 407-602-6559.

WHY CHOOSE US?

Our Orlando criminal defense lawyers know how to fight and win criminal cases. Founder Michael Panella is undefeated at trial and has a long, successful history of vigorously representing defendants in all manner of criminal cases, including drug possession cases.

When you choose Panella Law Firm, you get a firm with:

• A reputation for fighting hard and winning cases
• An unmatched dedication to the rights of defendants
• Award-winning attorneys who produce the results their clients need.

Contact us today for a free consultation and to learn how Panella Law Firm can help you defend against your drug possession charges. Call us at 407-602-6559.

OUR ORLANDO DRUG POSSESSION LAWYER WILL MAKE SURE WHAT YOU HAD IS ACTUALLY ILLEGAL

Florida law breaks illegal drugs into five schedules:

• Schedule 1: A substance with a high potential for abuse, with no currently accepted medical use in the U.S.; using it, even under medical supervision, won’t meet safety standards. These drugs include LSD, heroin, marijuana, PCP, peyote, GHB, methaqualone, ecstasy, and crack cocaine.
• Schedule 2: A substance with a high potential for abuse and currently has an accepted but severely restricted medical use in the U.S. Misuse may lead to severe psychological or physical dependence. Includes opium, morphine, hydromorphone, meperidine, methadone, oxycodone, amphetamine, methamphetamine, methylphenidate, fentanyl, and cocaine.
• Schedule 3: A substance with a potential for abuse but less than those in Schedules 1 and 2. There’s an accepted medical use in the United States. Abusing the substance may cause moderate or low physical dependence or high psychological dependence or, in the case of anabolic steroids, may result in physical harm. Includes buprenorphine products, zolazepam, ketamine, anabolic steroids, and tiletamine.
• Schedule 4: A substance with low potential for abuse compared to those in Schedule 3. Medical use of the substance is accepted in the United States. Misuse may cause limited physical or psychological dependence compared to Schedule 3 substances. Includes Darvon, Xanax, and Valium.
• Schedule 5: A substance, compound, mixture, or preparation of a substance with low potential for abuse compared to Schedule 4 substances. These drugs have a legal, medical use in the United States. Abuse may lead to limited physical or psychological dependence compared to Schedule 4 substances. Includes Robitussin AC, Phenergan with Codeine, antitussive, antidiarrheal, and analgesic medications.

Controlled substances are included in the same schedules in federal law. As you can see, if you think you won’t get into trouble because you’re not involved in “street drugs” like heroin or cocaine, but instead are fooling around with prescription medications, that could be a very costly mistake. You could be in prison if you’re found with enough illegally obtained medications that can be legally purchased by patients with genuine needs.

WHAT MAKES DRUG POSSESSION ILLEGAL?

Under Florida statute, “a person may not … possess with intent to sell, manufacture, or deliver, a controlled substance ….” It’s also illegal to possess these drugs for personal use. Penalties increase if the arrest was on or within 1,000 feet of a:

• Childcare facility
• School between 6 a.m. and 12 midnight
• Park
• Community center
• Publicly owned recreational facility
• College or university
• Church or religious organization.

It’s not just what you’re possessing, but where and when you’re possessing it, that can make a big difference in the possible penalties you face.

Federal law states that it’s a prohibited act to possess with the intent to dispense, distribute, or manufacture a controlled or counterfeit substance. Federal agents normally investigate cases involving large amounts of drugs trafficked across state or national borders, and the manufacture or growing of illegal substances. They normally won’t get involved in simple possession cases.

WHAT MUST A PROSECUTOR PROVE IN A DRUG POSSESSION CASE?

There are three elements to possession cases. They all must be proven beyond a reasonable doubt for a conviction.

WHAT YOU POSSESSED WAS A CONTROLLED SUBSTANCE UNDER FLORIDA LAW

The prosecutor must present evidence that the seized material is a controlled substance as defined by state law. This normally involves scientific analysis by a crime lab, which can be mistaken or falsified.

The arresting officer should test the material before you’re arrested, and those results need to be confirmed. No drug possession attorney should take test results for granted, and samples must be tested again. Mistakes happen, and police drug labs are notorious for problems, including framing defendants with false test results.

If you’re a qualified patient for medical marijuana, are on the use registry, and obtained the drug through a licensed treatment center, what you possess isn’t a controlled substance.

YOU KNEW YOU POSSESSED A CONTROLLED SUBSTANCE

The prosecutor must prove you knew, or you should have known, of the illegal nature of the substance and its presence.

YOUR CONTROL OF THE DRUG

The prosecutor must establish that you had control over the location and presence of the controlled substance. Often, it’s on the defendant’s body or in a container held by the person. It can also be away from you if you controlled it. It may be in your locker at work, in a vehicle’s glove compartment, a purse or backpack and still be under your control.

The prosecution must convince the jury there’s no other reasonable explanation based on the evidence. Jury members need to be virtually certain of your guilt to render a guilty verdict. Attorney Michael Panella’s success at trial is often due to his ability to show that the prosecution’s case isn’t credible and there’s enough doubt to justify dismissal.

WHAT ARE DEFENSES A DRUG POSSESSION LAWYER MIGHT USE?

There may be issues with how evidence against you was collected or how you were interrogated or treated by the police. Factual defenses could be anything that prevents the prosecution from establishing the necessary elements of the crime, such as:

• What was found wasn’t an illegal drug
• You didn’t know a controlled substance was in your possession
• You lacked control over the drugs which belonged to someone else.

Legal defenses depend on the facts of what happened and the applicable laws and constitutional protections. An officer needs a well-founded, reasonable suspicion of criminal activity based on the facts and circumstances before you can be detained.

• If there aren’t enough facts to justify that suspicion, evidence obtained from your detention shouldn’t be used at trial. That may take enough out of the prosecution’s case to make it difficult or impossible for it to be successful, so the charges may be dropped.

The officer may question you before or after you’re detained, and you may be arrested without being questioned.

• Before any relevant questioning, the officer must give you the Miranda warning (named for a U.S. Supreme Court case). They’re a reminder of your constitutional rights not to answer questions or cooperate with the police. You should also be told that anything you say can be used against you and of your right to have an attorney with you during questioning. If the warning isn’t given or is given too late in the process, disclosures you made before the point where it should have been given should be excluded from the evidence.

An officer must have probable cause before arresting you.

• Your arrest occurs when the officer applies physical force to you or asserts their authority to make an arrest, and you submit. Given the facts and circumstances known by the officer, they must have reasonably trustworthy information to permit a prudent person to believe you committed or were committing the crime of possessing illegal drugs. Without probable cause, you shouldn’t have been arrested; and if you’re in custody, you should be released. Evidence police obtained because of an illegal arrest should be suppressed. If a legitimate investigation continues, valid evidence is found later, and there really is probable cause, you could be arrested again.

Defendants are usually successful in defending these claims because experienced self defense attorneys show jury members that the prosecution’s evidence isn’t strong enough to overcome reasonable doubt. Jury members may think it’s possible you committed the crime but aren’t convinced enough to find you guilty.

The prosecution’s witnesses’ testimony may not be credible, and there could be problems with the prosecution’s evidence. A drug possession lawyer may introduce evidence contradicting the prosecution’s case and bring up reasons why witnesses shouldn’t be believed.

HOW CAN MY DRUG POSSESSION CASE BE RESOLVED?

If you have solid defenses, the prosecution may withdraw the charges, or a judge may dismiss them. If that doesn’t happen, usually both sides reach a plea bargain agreement on how the case should be handled. If that fails, your case will probably go to trial.

A plea bargain allows both sides to have certainty and avoid the risks and costs of going to trial. You would agree to a given sentence in exchange for a guilty plea to the charges or lesser charges. This way, you avoid having a jury find you guilty and the imposition of a tougher sentence. The agreement needs to be approved by a judge.

When Attorney Michael Panella a skilled drug case lawyer finds weaknesses in the prosecution’s case and develops strong defenses, they go hand in hand with negotiating positive plea bargain agreements for his clients, or getting charges dropped altogether. Prosecutors have limited resources and they don’t want to spend them on cases they’re likely to lose.

DRUG POSSESSION IN FLORIDA

WHAT ARE FLORIDA’S DRUG POSSESSION PENALTIES?

Possible sentences vary widely. They depend on the circumstances of your case, the drug involved, the amount, and your prior record. Florida drug possession charges generally have the following sentences:

• First Degree Misdemeanor: Up to a year in jail and paying court costs
• Third Degree Felony: A maximum of five years in prison plus a fine of up to $5,000
• First Degree Felony: 30 years maximum in prison and a fine of up to $10,000.

The time you spend in jail is time you’re not living your life, supporting your family and yourself. You have other things to do with the thousands of dollars you could pay in fines. The punishments you face for drug possession could result in a lost job and difficulty finding another. Attorney Michael Panella may be able to help you avoid jail time or minimize it so it has less impact on your life.

POSSESSION OF DRUG PARAPHERNALIA

Paraphernalia in Florida is defined as equipment, product, and materials that are used or designed for the use, propagation, cultivation, manufacturing, or transporting of controlled substances. The statute that criminalizes paraphernalia lists numerous items that are considered paraphernalia, including but not limited to:

• Marijuana grow kits
• Drug manufacturing kits
• Isomerization devices intended for the purpose of increasing potency in plants
• Controlled substance testing equipment
• Scales and balances used for weighing controlled substances
• Diluents and adulterants used to design or cut controlled substances
• Capsules, balloons, envelopes, and other containers for packaging controlled substances
• Syringes and needles
• Separation gins and sifters used for purifying, cleaning, or refining cannabis
• Objects designed for or used to introduce cannabis products and nitrous oxide into the body.

Florida criminal law makes the possession of drug paraphernalia a first-degree misdemeanor that is punishable by up to one year in jail and a fine of up to $1,000. Additionally, drug paraphernalia is defined as contraband and can be seized by authorities under civil forfeiture laws.

FEDERAL DRUG POSSESSION PENALTIES

In addition to state possession penalties, individuals caught with controlled substances may also face federal penalties if charged in federal court. First-time offenders facing charges of possession of a controlled substance can go to prison for up to a year and pay up to $1,000 in fines. The penalties increase for second and third-time offenders. Additionally, civil penalties of up to $10,000 may be levied.

If an individual is charged with possession with intent to distribute federally, the penalties substantially increase and include mandatory minimums of five or ten years in a federal penitentiary. As with simple possession charges, repeat offenders charged with possession with intent to distribute face increased prison time and fines.

CONSEQUENCES OF A CONVICTION FOR DRUG POSSESSION

A conviction for drug possession can have serious repercussions on your life. Although you can no longer be disqualified from receiving federal student aid, your admission to colleges, universities, and trade schools may be negatively impacted by a drug conviction, depending on the school.

You will also face having your driver’s license revoked for up to one year if you are convicted of drug possession in Florida. If this happens, your ability to engage in gainful employment may be severely hampered. Fortunately, a drug possession lawyer can help you obtain a restricted license if driving is part of your job description.

Additionally, you may have significant problems obtaining certain types of employment with a drug possession conviction on your record, including government jobs, law enforcement positions, teaching positions, and other positions of trust.

Because of these severe consequences, it is important to hire an experienced drug possession lawyer as soon as possible after you have been arrested. Although you have been charged with possession, a seasoned Orlando drug possession lawyer can potentially get your charges reduced or dismissed altogether.

OUR ORLANDO DRUG CHARGE LAWYER CAN PROTECT YOUR RIGHTS

You can be charged with drug trafficking under Florida law if you knowingly sell, purchase, manufacture, deliver, bring into this state, or possess enough of a controlled substance.

That amount varies with the drug:

• 25 pounds or more of cannabis or 300 or more plants
• 28 grams or more of cocaine
• 7 grams or more of oxycodone.

The sentence varies with the amount and drug. For example, if you’re caught with between 28 and 200 grams of cocaine, there’s a mandatory minimum $50,000 fine and 3 years in prison. If that amount of drugs is involved, you have too much at stake not to hire our Orlando drug trafficking lawyers. Don’t do the prosecution favors by trying to defend yourself against these charges.

OUR DRUG DISTRIBUTION CHARGE LAWYERS MAY KEEP YOU OUT OF PRISON

Drug distribution is prosecuted as possession with intent to sell. This may be added to a possession charge to make your situation worse and affect plea bargain negotiations. Evidence possibly used to justify this includes the presence of:

• Large amounts of cash
• Baggies or other packaging used with illegal drugs
• Drug paraphernalia, scales, rolling papers, and testing kits
• Weapons.

Admissions by you or statements made by others may also be evidence. If the facts don’t support these charges and/or law enforcement violated your rights in obtaining evidence or how they treated you, a drug distribution charge lawyer may have them withdrawn or dismissed.

FREQUENTLY ASKED QUESTIONS

If you have more questions regarding drug possession in Florida, please review the frequently asked questions and answers that follow.

What if I am holding a friend’s prescription medication?

If you are holding prescription medication for your friend, you can be arrested for possession. It doesn’t matter whether you intended to do something illegal with the medication or not.

What happens after a conviction for drug possession?

After a conviction for drug possession, you may be sent to jail or prison. During this time, you have the right to have your Orlando drug charge lawyer file an appeal if you went through a trial and did not take a plea deal.

Who will hear my appeal for a conviction of drug possession?

The appeal filed by your drug charge lawyer will be heard by a panel of appellate judges, and your case may be dismissed or affirmed. Common reasons why cases are dismissed on appeal include illegal police searches and seizures, chain-of-custody problems with evidence, and police misconduct.

Do I need a drug possession defense lawyer for a drug possession charge?

Yes. Individuals charged with drug possession or any other criminal charge need an experienced criminal defense lawyer to provide a robust defense against the state.

Can I be arrested for possession of medical marijuana?

Although medical marijuana is permitted in Florida, you may still be arrested for possession of medical marijuana if you do not follow state laws in acquiring it. Additionally, you can be arrested if you consume medical marijuana in public or while on public transport.

If you have more questions, please call our office as soon as possible to speak with an experienced drug possession lawyer.

OUR ORLANDO DRUG POSSESSION LAWYER WILL DEFEND YOUR REPUTATION IN COURT

If you’re under investigation for or currently face drug possession charges, hire a qualified defense attorney you can trust. Panella Law Firm’s drug possession lawyers will give you the respect you deserve and the best defense possible in your case.

Call us at 407-602-6559 or fill out our contact form. How your case is resolved may impact you for the rest of your life. The earlier we get involved, the faster we can investigate your arrest, and start building a solid defense that will protect your freedom and future.

Client Testimonial

”Mr. Panella goes above and beyond to understand the details of your legal matter. And then after he understands every aspect, he gives you everything you need to know. There is something about the way he practices law. There are no words I can write that adequately communicate the appreciation our family has for Mr. Panella and his team. Our family thanks God for him every day! And if you Hire him, you will too.” – James Beine (Google Review)

ATTORNEY MIKE PANELLA

For Mike Panella, the concept of zealous advocacy developed at an early age – fueled by what he perceived to be an unjust resolution in a personal family legal matter. Mr. Panella would later attribute his passion to defend the rights of those who stand accused to those inequities in the legal system he observed, and considered unjust. Before opening Panella Law Firm, Mr. Panella served as an Assistant Public Defender for Florida’s 18th Judicial Circuit Public Defender’s Office and worked hundreds of cases in both Brevard and Seminole Counties. Mr. Panella was undefeated at trial. [ Attorney Bio ]