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Possession of a Controlled Substance Attorney

Whitney S. Boan Protecting Your Right

In the State of Florida, there is no greater battle than the war on drugs. As a zero-tolerance state, there are few crimes viewed with such disdain as those involving narcotics. Law enforcement and prosecutors alike work to convict those who commit any level of drug crime, and there is very little aid given to those who have been arrested or charged for committing a crime involving drugs.

Possession is one of the most common types of charges that we see at Whitney S. Boan, and they drastically vary depending on the type of drug involved or the amount. Regardless of the type, there may be significant opportunity for a quality defense, due in large part to the way the arresting officer handled the situation. If you believe that you’ve been arrested wrongly, it’s in your best interest to seek out professional legal assistance from an experienced drug crime lawyer such as Whitney S. Boan. Not only can she help you to see what your options are, but she’ll work with you to craft the most efficient defense that can potentially win your case.

Your case is serious to us, and as a result we are here for you when you need us.
All you need to do is call: (407) 413-9569

What Penalties may I Face?

As mentioned before, drug cases typically come with a mandatory minimum sentence, meaning that there is a benchmark for the court to sentence a convict. However, the minimum sentence varies depending on the amount and type of drugs alleged to be in your possession.

  • Less than 20 grams of Marijuana = Maximum 1 year in jail
  • More than 20 grams of Marijuana = Up to 5 years in prison
  • Marijuana between 25 and 2,000 pounds = Minimum 3 years in prison along with a $25,000 fine
  • Ecstacy less than 10 grams = Up to 5 years in prison
  • Cocaine less than 28 grams = Up to 5 years in prison
  • Cocaine between 28 and 199.99 grams = Up to 30 years in prison
  • LSD less than 1 gram = Up to 5 years in prison
  • LSD less than 5 grams = Up to 30 years in prison

You can see that the charges change dramatically, and regardless of what crime you’re facing, your first step after an arrest is to speak to an Orlando drug crime attorney that is experienced in your charge; not only do they have your best interest in mind, but they want to protect your rights. At Whitney S. Boan, we understand what you’re up against, and can give you the best defense possible.

Defense for Possession Charges

With any crime, whether involving drugs or not, an arrest does not mean you will be convicted. There are various defenses to possession that we’re more than capable of pursuing in order to get you the result that you want.

Perhaps the most obvious and easiest defense is your constitutional right under the Fourth Amendment, which protects you from illegal searches and seizures. It’s possible that the law enforcement officer performed a search of your belongings without proper reason. In order to be officially and properly charged, the drugs must be in plain view, or found during investigation of something else entirely. There must be a warrant in order to search your vehicle or home.

Another prominent defense is knowledge and awareness of possession. If you had drugs planted on your person or in your vehicle/home without you knowing, then there is at least an opportunity for your defense.

Lastly, there must be physical evidence presented during trial in order to convict. It’s not uncommon that the prosecution will lose or be unable to produce the substance in question. Regardless of why there is no physical evidence, the lack thereof is a huge blow in the case against you.

If Convicted, What do I Stand to Lose?

There are always concerns upon arrest that you’ll end up being found guilty of your charge. While our aim is to prevent this, it’s important to know what the possible ramifications are for you. We often get questions like, “How much time will I be in jail?” or “What sorts of fines will I see?” yet the answer is not so cut and dry. This is due in large part to the government’s policy of sorting drugs to five different “schedules”, and depending on which of these you qualify for, your punishments will be more severe.

Schedule I

Drugs that fall under this category serve no medicinal purpose, and are considered highly illegal. Examples include: heroin, methamphetamines, and LSD. There is no stronger classification, and being accused of this level will cause you to see the most stringent penalties.

Schedule II

The critical difference between this and the previous is that these drugs are typically viewed as having some medical purposes, but are often misused or overused. If you’re found in possession of more than your prescription, and show intent to abuse, then you’re likely going to be found guilty.

Schedule III

Despite being more difficult to become addicted to, drugs under this category are still highly volatile and therefore illegal if abused. Anabolic Steroids are a perfect example of a schedule III drug, and being found in possession of such without proper prescription is considered against the law.

Schedule IV

Controlled substances in this group are even more common, and also less addictive, but yet being found carrying them will result in your arrest. Valium is perhaps the most well known substance in this set.

Schedule V

Lastly, we have codeine and others which aren’t typically abused, but still must be controlled in how much can be held at any time.

Per the descriptions above, the punishments lessen as the schedule numbers grow. Should you be facing any of the above, it’s still important that you have proper representation so that you can avoid any potential penalties against you, and subsequently prevent any damage to your future.

Whitney S. Boan can take a look at your specific situation and determine if there is anything that can be used to your advantage. There must be definitive proof that you possessed the drugs, or that there was not unlawful search and seizure. If either of these are the case, you have a better opportunity to have your charges reduced or outright acquitted. Contact us today to find out how we can help you.