Possession of a controlled substance can carry with it very severe penalties. Whether it be heroin, methamphetamine, cocaine, ecstasy, or other illegal drugs, a conviction is a serious matter. You could face thousands of dollars in fines, jail time, and other consequences if you are convicted.
However, Bogin, Munns & Munns Orlando criminal defense lawyers may be able to help you fight back against your charges. Our Orlando drug possession lawyers will use their experience with criminal defense cases like yours in order to build a compelling defense.
How Our Attorneys Can Help You If You are Facing a Drug Charge
Being convicted of drug possession can lead to serious consequences for your life.
For instance, possession of a controlled substance is a felony of the third degree, punishable by imprisonment and fines of no more than $5,000, per Florida Statutes § 893.13. Possession of more than 10 grams of a Schedule I controlled substance (including heroin, LSD, and psilocybin) is a felony of the first degree, punishable by imprisonment of no longer than 30 years and fines of no more than $10,000.
However, don’t think that there is nothing you can do if you’re facing a drug charge. Our team of drug possession lawyers knows how to build a defense on your behalf.
We will work to:
Investigate and Question How You Were Arrested
By law, certain procedures need to be followed when you are arrested for drug charges. If your rights were not honored when you were arrested, we may be able to use this as a compelling argument in your defense.
Similarly, it is possible that we can cast doubt on the validity that you were in possession of a drug.
Work to Reduce Your Charges or Fines
Depending on the details of your case and your history of convictions, it may be possible that we could secure a reduced charge – along with a reduced sentence and fines. You may even be able to get your charges dropped.
We will work hard to build the most compelling defense possible to help you seek lesser consequences.
To consult with an experienced drug possession lawyer serving Orlando
855-780-9986
Forms of Charges Our Team Can Help You with in Orlando
We have experience handling a range of cases involving drug possession.
Our criminal defense lawyers can help if you were in possession of:
- Drug paraphernalia
- Marijuana
- Listed chemicals (such as ecstasy and methamphetamine)
- Delivery of a controlled substance
Our team can also help you with charges such as:
- Carrying a concealed weapon
- Trafficking
- Possession of alcohol, if under 21
- Unlawful possession of a weapon
We can also help you if you need an expungement lawyer or if your case involved other criminal charges, such as aggravated assault.
Penalties for Drug Possession in Florida
You may not be sure if it is worth it to hire a lawyer to handle your case. However, the cost of being convicted of drug possession may be much higher than what it takes to hire a lawyer.
Keep in mind that the penalties for a drug possession conviction can range based on the type of drug, the amount you were carrying or delivering, your past convictions, and other factors.
Possession of Drug Paraphernalia
Possession of drug paraphernalia carries with it its own penalties as a misdemeanor of the first degree. This offense also includes use, manufacture, advertisement, transport, and delivery of drug paraphernalia.
Items that may be considered drug paraphernalia include (but are not limited to):
- Syringes
- Pipes
- Water pipes
- Bongs
- Spoons
- Rolling papers
- Scales
- Bags
A conviction for possession of drug paraphernalia is punishable with imprisonment for no longer than one year and a fine of no more than $1,000.
Possession of Marijuana
Penalties for possession of marijuana vary depending on the amount of marijuana in the offender’s possession. Possession of up to and including 20 grams of marijuana is a misdemeanor of the first degree. As such, it is punishable by up to one year in jail and fines of up to $1,000.
Possession of more than 20 grams of marijuana is a felony of the third degree, carrying stiffer penalties. Felony possession of marijuana is punishable with imprisonment for no longer than five years and a fine of no more than $5,000.
Unlawful Possession of Listed Chemicals
Unlawful possession of listed chemicals used in the manufacture of illegal substances (such as those used to create ecstasy or methamphetamine) is a felony of the second degree. It is punishable by imprisonment for no longer than 15 years and a fine of no more than $10,000.
Delivery of a Controlled Substance
Delivery of a controlled substance is defined as when a person is in possession of a larger amount of a controlled substance than what would be considered appropriate for their own personal use.
This offense does not require any type of monetary transaction in order for a conviction to be found, just transfer or attempted transfer.
Carrying a Concealed Weapon
Unlicensed carrying of “a concealed weapon or electric weapon or device” is a misdemeanor of the first degree, punishable by imprisonment for no longer than one year and fines of up to no more than $1,000. Self-defense items such as pepper spray and nonlethal electric stun guns that are designed solely for defense do not apply.
Unlicensed carrying of a concealed firearm is a felony of the third degree. It is punishable by imprisonment for no longer than five years and fines of up to no more than $5,000.
Trafficking
In situations where the amounts (by weight) of controlled substances meet or exceed a certain threshold, charges of trafficking become applicable.
Despite its name, trafficking is not limited to bringing the controlled substance into the state of Florida. It also includes its sale, delivery, manufacture, and purchase.
Two common examples are cannabis and cocaine.
Trafficking in cannabis is a first-degree felony separated into three levels, each with its own penalties:
- If the amount of cannabis is in excess of 25 pounds but less than 2,000 pounds (or the number of cannabis plants is at least 300 but not more than 2,000), the offense is punishable by mandatory minimum imprisonment of three years and a fine of $25,000.
- If the amount of cannabis is at least 2,000 pounds but less than 10,000 pounds (or the number of cannabis plants is at least 2,000 but not more than 10,000), the offense is punishable by mandatory minimum imprisonment of seven years and a fine of $50,000.
- If the amount of cannabis is 10,000 pounds or more (or the number of cannabis plants is more than 10,000), the offense is punishable by mandatory minimum imprisonment of 15 calendar years and a fine of $200,000.
Trafficking in cocaine (or any mixture that contains cocaine) is a first-degree felony separated into three levels, each with its own penalties:
- If the amount of cocaine (or mixture containing cocaine) is at least 28 grams but less than 200 grams, the offense is punishable by mandatory minimum imprisonment of three years, and a fine of $50,000.
- If the amount of cocaine (or mixture containing cocaine) is at least 200 grams but less than 400 grams, the offense is punishable by mandatory minimum imprisonment of seven years, and a fine of $100,000.
- If the amount of cocaine (or mixture containing cocaine) is at least 400 grams, but less than 150 kilograms, the offense is punishable by mandatory minimum imprisonment of 15 calendar years, and a fine of $250,000.
- If the amount of cocaine (or mixture containing cocaine) is at least 150 kilograms, the offense is punishable by life imprisonment and the offender is ineligible for parole.
Penalties become harsher still for larger amounts of cocaine and/or if trafficking was found to be the probable cause of another person’s death.
Other controlled substances subject to trafficking charges include (but are not limited to):
- Morphine
- Oxycodone
- Opium
- Amphetamine
- Methamphetamine
Unlawful Possession of a Weapon
Under Florida law, it is unlawful for any person who has been convicted of a felony or a delinquent act to:
- Be in possession of a firearm or electric weapon
- Carry a concealed weapon, including a tear gas gun or chemical weapon
Unlawful possession of a firearm by a felon or delinquent is a felony of the second degree, punishable with imprisonment for no longer than 15 years and fines of no more than $10,000.
In situations where a convicted felon has had their firearm authority and civil rights restored, the above does not apply.
Possession of Alcohol by Minor Under 21
A first offense conviction of possession of alcohol by a person under 21 years of age is a misdemeanor of the second degree. Some exceptions apply, such as where possession of alcohol is part of a minor’s occupation or where students of at least 18 years of age are required to taste alcohol as a part of their curriculum.
A first offense conviction is punishable by up to 60 days in jail, fines up to $500, up to 6 months of probation, and mandatory driver’s license revocation for a minimum of 6 months.
Subsequent offenses of possession of alcohol by a minor under 21 is a misdemeanor of the first degree, punishable by up to 12 months in jail, fines up to $1,000, up to 12 months of probation, and mandatory driver’s license revocation for two years.
Orlando Drug Possession Lawyer Near Me
855-780-9986
Bogin, Munns & Munns Can Stand Beside You During Your Orlando Drug Possession Case
You may be overwhelmed at the prospect of your charges. However, we want you to know that we support our clients through every step of their defense.
We promise all our clients that we will:
- Keep you informed as your case progresses
- Use our decades of experience for the best results possible
- Use our deep experience in the Orlando area to gather evidence and fight for you
Our Lawyers Can Help with Your Orange County Criminal Misdemeanor and Felony
If you have been charged with a crime, one of the criminal misdemeanor and felony attorneys at Bogin, Munns & Munns could help. Our Orlando lawyers can help you avoid conviction and/or lessen the severity of the penalties you face.
Call our office at 407-578-1334 or fill out our online contact form to get started with your case review.
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