A Tenacious Drug Possession Lawyer Here for You
Drug possession charges can be very intimidating. When facing them, it is important to remember that you have rights. An experienced drug possession attorney can protect them and take immediate action to protect your future. We at Karatinos Law, PLLC, are ready to help.
Our attorney, Keeley Karatinos, is a tenacious defender who understands Florida’s drug laws. Based in Dade City, she advocates for the rights of clients throughout Pasco County, Sumter County and Hernando County. She is passionate about providing comprehensive defense representation aimed at achieving meaningful results for those she serves. Turn to her for the trusted support you need when facing drug possession allegations.
What Are the Consequences of Being Caught with Drugs in Florida?
Under Florida Statute § 893.13, possessing any controlled substance without a valid prescription is illegal. Given this, being caught with street drugs or unauthorized prescription medications can lead to criminal charges. For most controlled substances, illegal possession is a third-degree felony in Florida. This carries a maximum prison sentence of five years and a maximum fine of $5,000. However, with the right legal guidance, you can navigate this challenging time with hope and determination.
What Impacts Do Florida’s Drug Schedules Have When Facing Possession Charges?
The drug laws in Florida categorize controlled substances into a schedule system based on their uses and potential for abuse. In this five-schedule system, Schedule I drugs are deemed to have the highest abuse potential, while Schedule V drugs are considered to have the lowest such potential. Common drugs in each schedule include:
- Schedule I: Heroin, LSD and ecstasy
- Schedule II: Cocaine, oxycodone and methamphetamine
- Schedule III: Ketamine and anabolic steroids
- Schedule IV: Xanax and Valium
- Schedule V: Cough medicines with low levels of codeine
What schedule a drug is in impacts the charge severity and potential possession penalties in Florida. Certain schedules move possession away from its usual third-degree felony level. For example, possession of a Schedule V drug is a second-degree misdemeanor, which has a maximum fine of $500 and a maximum jail sentence of six months. Meanwhile, possession of more than ten grams of certain Schedule I and II drugs can lead to a first-degree felony charge, which could expose a person to up to 30 years in prison and a fine of up to $10,000.
Is Marijuana Possession a Felony or a Misdemeanor in Florida?
Whether allegations of marijuana possession led to misdemeanor or felony charges generally depends on the amount involved. Possession of more than 20 grams is a third-degree felony, but less than this is a first-degree misdemeanor. The penalties for such a misdemeanor can include up to a year in jail and up to $1,000 in fines.
Medical Marijuana Possession in Florida
When it comes to marijuana, it is also important to remember that not all kinds of possession are illegal under Florida law. While Florida residents voted against legalizing recreational use of marijuana, medical use of marijuana is legal in the state. So, you are generally allowed to possess certain amounts of this drug if you have a valid medical marijuana ID card. However, exceeding the permitted amount could result in possession charges.
What are the Elements of a Possession Offense?
Generally, whatever controlled substance is involved, the prosecution must prove three elements to establish that you committed illegal drug possession:
- The substance is illegal for you to have.
- You knew you had it.
- You had control over it.
A skilled drug possession defense attorney can help you understand your options for challenging whether these elements are present in your case.
Actual vs. Constructive Possession
In Florida, illegal drug possession can be either actual or constructive:
- Actual possession: The substance was physically on your person.
- Constructive possession: The substance was in a place you control.
Understanding which of these the prosecution is attempting to prove in your case can be crucial to your defense strategy.
The Potential for Enhanced Charges
Allegations of possession of controlled substances can sometimes lead to a person facing more than simple possession charges. For example, there could be a possibility for:
- “With intent” charges: Which could be brought if possession is alleged to be paired with an intent to sell or an intent to manufacture
- Trafficking charges: Which could be triggered by possession of large amounts of a controlled substance.
Whether such enhanced drug charges are on the table can have a big impact on the stakes in your case. These charges can carry much stiffer potential penalties. For example, controlled substance trafficking is a first-degree felony, which has mandatory minimum prison sentences and fines. Understanding what exactly you are facing can be key in finding the right path forward for protecting your future.
How Can a Criminal Defense Lawyer Help?
A criminal defense lawyer can be your strongest ally when facing drug possession charges. Such an advocate can:
- Ensure you have realistic expectations regarding your options.
- Look for whether there is any potential exonerating evidence available.
- Stand up for your rights.
- Be on the lookout for any potential violations of your rights by investigators.
- Challenge the prosecution’s case.
- Fight to protect your future.
With a trusted defense attorney at your side, you can address your unique legal situation with confidence.
Get Trusted Advocacy for Your Drug Possession Case
Attorney Keeley is here when your rights and future need protection. Call us at 352-405-0537 or reach out to us via email to set up a time to discuss your drug possession case with her. Free in-person consultations are available in English, Spanish and Russian.