Defenses to Florida Drug Possession Charges

Defenses to Florida Drug Possession Charges If you have been charged with possession of drugs or illegal substances in Florida, you may be feeling overwhelmed and unsure of what, if any, options are available. Being charged with possession can be a terrifying experience, and it is easy to feel hopeless. However, you do not have to navigate this process alone. Talking to an experienced Florida criminal defense attorney as soon as possible can mean the difference between a drug conviction and a clean record. Just because you have been charged does not mean your fate has been sealed. You may feel like a powerless victim of the criminal justice process, but the time after you have been charged and before going to court is actually when you have the most power. It is critical that you use that power to consult with a Central Florida Criminal Defense Attorney.

What Happens After You Have Been Charged

After you have been arrested and charged, there will likely be a period of time that elapses before your trial. During this time, it is important to seek legal representation as soon as possible. Your lawyer may be able to work out an agreement with the prosecution that will allow you to avoid or reduce jail time in exchange for probation and community service. Your lawyer may also be able to consider and pursue other alternatives for you, like deferred sentencing.

Standard of Proof

If no agreement or plea bargain is reached and you go to trial, the prosecution must convince the jury that you are guilty beyond a reasonable doubt. This means that if any juror has a single doubt about whether you are guilty of the charges alleged, you should not be convicted. This is a high bar to meet. This more doubt that can be created in the trial process, the harder it is for the prosecution to meet that bar.

If you are facing criminal charges in central Florida, do not waste any time. Contact HAWM Law and find out how our lawyers can help protect your freedom.

Defenses Against Florida Drug Possession Charges

The specific defenses that your attorney selects to use will of course depend on the specifics of your unique case. However, it is most common to defend against the elements that the prosecution has to prove in order to win. For instance, you cannot be found guilty of possessing drugs if the defense cannot prove beyond a reasonable doubt that the substance in your possession was actually drugs, or that actual drugs were ever in your possession.

  • No possession. If the drugs were found in a shared space, amongst a group, or in public, it may not be possible to prove that they were in the possession of the individual charged, or that the individual intended to possess them.
  • No knowledge. In order to be guilty in criminal law, you have to have knowledge of what you are doing. You do not necessarily have to know that it is illegal, but you do have to have command of the faculties that allow you to do the illegal action. For instance, if you have a seizure and hit someone in the face, you have not broken the law even though you hit them because you did not intend to move your hand into their face. Likewise, if you had no knowledge of the possession, you should not be convicted for it.
  • Not drugs. Often, field drug testing kits are highly inaccurate, and even the police’s lab results, which can take months, can be subject to massive errors. It is common to challenge the actual substance that is alleged to be drugs. In fact, if the prosecution is unable to produce the drugs actually seized from the defendant as evidence at trial, the charges can be challenged and even dismissed due to a lack of evidence.

Talk to an Experienced Central Florida Criminal Defense Attorney

If you are facing criminal charges in Florida, it is critical that you reach out to the experienced Central Florida Criminal Defense Attorneys at HAWM Law as soon as possible. At HAWM Law, we are committed to ensuring that you have access to a lawyer when it matters. When you are facing drug possession charges, it matters. Schedule a free consultation today to find out how we can help.