Orlando drug possession defense attorney

A charge for Possession of a Controlled Substance (Florida Statute 893.13) in Florida is a serious felony offense that can carry life-altering consequences. In many cases, possession of a controlled substance is charged as a 3rd degree felony punishable by up to 5 years in prison, felony probation, substantial fines, a driver’s license suspension, and a felony conviction. Beyond the consequences the accused faces in court, a Possession charge can lead to employment barriers, put professional licensing in jeopardy, and cause lasting damage to your future. If you or someone you know has been charged with Drug Possession, it is critical to engage the representation of an experienced criminal defense attorney.

What is Possession under Florida Law?

In Florida, prosecutors can pursue charges for Possession of a Controlled Substance under two legal theories of possession:

Actual POssession

Actual possession is exactly what it sounds like. This means that the suspected controlled substance was physically located on the accused’s person. This includes their pockets, hands, mouth, or in a backpack that the accused is currently wearing.

Constructive POssession

Constructive possession is a little bit trickier. This is when the suspected controlled substance is found near the accused or in a space over which the accused has dominion or control. This includes their house, car, or a nearby container such as a purse or suitcase. Constructive possession cases are much more complicated because the prosecution must prove proximity, knowledge, and control. Essentially, that the accused knew the drugs were there and had control over the area in which they were found.

Defenses to Drug Possession Charges in Florida

A critical element of any defense in a Drug Possession case in Florida is challenging the legality of the traffic stop, the search, or the seizure that led to the discovery of the alleged drugs. Police officers must comply with the Constitutional protections afforded by the Fourth Amendment, and unlawful traffic stops, improper detentions, illegal searches, unconstitutional K-9 sniffs, or warrantless searches may lead to the suppression of evidence through a Motion to Suppress. If evidence is excluded or suppressed in a Drug Possession case, it may lead to the reduction of charges or even the dismissal of the entire case. In constructive possession cases, it is essential to dispute knowledge of the presence of alleged drugs as well as ownership and control of the area in which the alleged drugs were found. Additional defenses include errors in testing by law enforcement, failure to document chain of custody to ensure that any alleged drugs were not tampered with, or even the identity of the substance itself.

Central Florida Justice can Help

Central Florida founder Ben Baxter is a former prosecutor and Orlando criminal defense attorney with over a decade of experience in criminal law. As a former prosecutor, he understands how Possession of Controlled Substance cases are investigated, charged, and prosecuted and he uses that insight to protect his clients’ rights and fight for the best outcome in their cases. He knows how to scrutinize searches, challenge unlawful police conduct, and aggressively defend his clients facing felony Drug Possession charges.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been charged with Drug Possession in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, and Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.