31st May 2022
If you get caught in the possession of illegal drugs, you could face drug possession charges in the state of Florida.
You can face more serious charges if you are in possession of a large quantity of drugs.
A drug possession charge could turn into a possession with the intent to sell charge if you possess more than a specific weight of an illegal drug. Both crimes are serious, but possession with the intent to sell carries more severe penalties.
2 Types of Drug Possession Laws
The law states that you can face drug possession charges if you are in actual or constructive possession of illegal drugs.
1. Actual Possession
Actual possession is when the drug is found with the individual. For example, if the police find drugs in your pocket or handbag, this means you were in actual possession of the drugs. You can also be in actual possession of a drug if it is within reaching distance or nearby.
2 Constructive Possession
Constructive possession is a bit more complicated.
To prove constructive possession, the state must show:
• The defendant was aware of the drug’s presence.
• The defendant had the ability to exercise dominion and control over the location where the drugs were found. This can be proven they live alone and drugs were found.
This is because the state will argue that you are the only person who has dominion and control over your home and you must have known about the drug’s presence since they were in your home.
No one should face drug charges in Florida alone. If you have been accused of drug possession in Miami then you may want to call an experienced criminal defense attorney for legal advice.