what to know when hiring a lawyer for felony possession chargews

by Mrs. Wilma Bauch V 3 min read

If you are charged with simple possession, there is a chance that you will be released immediately after booking. If this is the case, you should get a lawyer. Your lawyer can help you fight for better charges or a reduced sentence if your case makes this possible.

Full Answer

What is a Drug Possession Charge?

Drug charges in Florida relate specifically to the possession of illegal street drugs or prescription medications, also known as controlled substances, for which you do not have a prescription.

Other Drug-Related Crimes

Drug possession charges relate to being found with an illegal substance, while other charges you might face include:

You Could Be Charged with a Misdemeanor or a Felony

Florida classifies drug possession as either a misdemeanor or a felony. Possession of paraphernalia or marijuana is the most likely misdemeanor of drug crimes. Almost all other drug crimes are felonies.

What Is Drug Possession?

Drug possession is the criminal act of knowingly and willingly possessing illegal substances such as heroin, crack/cocaine, marijuana, and more. According to the Department Of Justice, drug possession charges in the United States make up close to 80% of arrests that relate to drug charges and drug crimes.

What Happens When You Are Charged With Drug Possession?

When you are charged with drug possession, several things will have to happen. For one, you will need to be apprehended in some way and for law enforcement to learn that you are illegally in possession of illegal or controlled substances. In many cases, this may occur if a defendant is driving and pulled over for an unrelated infraction of the law.

Can Drug Possession Charges Really Be Dropped?

With the help of a drug defense attorney, drug possession charges can in fact be dropped. However, it isn’t always easy or likely for charges to be completely dropped or dismissed.

What Are The Likely Penalties Of Drug Possession Charges?

Here are a few of the likely penalties for drug possession charges . Keep in mind, it is very important to consider the type/schedule for the drug charge and also the location that you are arrested in.

TIP 1: Prove That Your Rights Were Violated

The first thing that a criminal defense attorney attempts to prove is that an officer or law enforcement violated the defendant’s constitutional rights. This is done prior to the case going to trial at what’s known as a suppression hearing.

TIP 2: Demonstrate That There Was A Mistake

If you can demonstrate that a mistake was made in any way, your drug charges will likely be dropped. Not being read Miranda Rights is one mistake that can be made during an arrest. There are many other examples too that, if proven, may lead to drug possession charges dropped.

TIP 3: Make A Deal To Reduce Your Charges

In addition to trying to get drug possession or criminal charges dropped, you can also make a deal to reduce your charges significantly. If the deal is good enough, it might be the equivalent of essentially getting your charges dropped.

What to do if your child is charged with possession in Florida?

If your child is facing a first offense misdemeanor possession charge in West Palm Beach or Fort Lauderdale, Florida, or any other charge, including felony drug charges, contact Weinstein Legal immediately. Every day that goes by is another day that the prosecutor is working on their case to convict your child.

What is the most common drug charge in Florida?

The penalties for underage drug charges in Florida can be steep, even if they are misdemeanors. A first-degree misdemeanor possession charge is the most common drug crime minors receive. It is also known as simple possession. A simple possession charge means that the drugs or illegal substances your child are accused of having were an amount small enough for personal use.

What are the consequences of drug possession in South Florida?

Drug possession charges for minors carry steep consequences if a judge adjudicates you delinquent or convicts you. The consequences may follow you or your child well into adulthood, making it difficult to find employment or get into a good school.

What happens if you get convicted of a possession charge in Florida?

If the charge is for a first offense misdemeanor possession charge in Florida the case will likely go through juvenile court. A conviction may mean time in a detention center (jail for children), which takes your child out of school for an extended period.

What are the consequences of a juvenile detention facility?

Consequences will almost certainly include time in a juvenile detention facility. Additionally, if your child is of a certain age the courts may try them as an adult. Fines can amount to thousands of dollars and a felony record will follow them well into adulthood.

What is drug paraphernalia?

Drug paraphernalia includes any object that an individual uses to consume, produce, cook, or process drugs. These objects can include pipes, syringes, scales, plastic baggies, and more. These drug possession charges for minors are just as serious as having actual drugs, and you must hire a lawyer to fight the courts.

What do you need to prove to a prosecutor in Florida?

The most important thing that a prosecutor's office must prove is that the substance your child is accused of having is actually illegal. Additionally, they must prove that the substance is prohibited by Florida law. This may involve testing of the substance.

What is the penalty for selling marijuana?

Drug dealing usually refers to selling illegal drugs on a smaller scale than is involved with trafficking. Trafficking and dealing are defined differently under both state and federal ordinances. According to the DEA, the penalty for selling less than 50 grams of marijuana can bring a sentence of five years and a $250,000, fine while a sale of 1,000 kilograms can lead to a much stricter sentence: 10 years or more (up to and including life).

How long can you go to jail for drug trafficking?

The sentence for drug trafficking may range anywhere between three years to life in prison.

Can a misdemeanor affect your life?

Those charged with a misdemeanor offense may face fewer consequences than those charged with a felony, but any misdemeanor arrest or conviction can still negatively affect your life . A common misconception about misdemeanors is that legal ]

Is criminal court scary?

Criminal court is often considered a scary place if you don’t know what to expect. One of the benefits of hiring a criminal defense attorney is having someone experienced in defending such charges to help ]

Can a drug charge be dismissed?

Through a criminal defense attorney, you may be able to have the charges and fines reduced or even dismissed. Every case is unique, but your attorney can advise you of your options moving forward, and advocate on your behalf to give you every opportunity for a successful resolution.

Can you be charged with manufacturing a drug?

An individual can be charged with manufacturing if he or she is involved in any production of an illicit drug. It is illegal under both federal and state laws to deliver any illicit drug, but the problem is in most cases the prosecutors must prove the defendant intended to manufacture and possess the drug in order to secure a conviction against a drug manufacturer.

Is it illegal to possess drugs?

One thing is very clear, however: it is illegal under both federal and state statutes to be in possession of any controlled substance such as heroin, marijuana, or cocaine. An individual found in possession of an illegal drug can face charges of simple possession or possession with intent to sell/distribute. This depends on the quantity involved.

Why can't a lawyer represent you?

If there is a prior relationship, the lawyer may not be able to represent you because of a conflict of interest. If playback doesn't begin shortly, try restarting your device. Videos you watch may be added to the TV's watch history and influence TV recommendations.

What happens if you can't afford a lawyer?

If you cannot afford a lawyer, the court will appoint a public defender to represent you. If the police have arrested you on suspicion of possessing or selling narcotics, you need to find drug cases lawyer, and you have no time to spare.

Do you have to get bail if you are arrested on a drug case?

All federal drug case attorneys know that if an individual is arrested on a federal drug case, then he should be taken to get a bail. If you are thinking about how much does a drug cases lawyer Brampton then our professionals are here to help you. When you get to your arraignment, the judge will ask you if you have a lawyer.

Should a lawyer be accessible?

Given all the means of communication around the clock nowadays, your lawyer should also be accessible as needed. You should expect a high level of expertise regarding even the smallest points in your legal situation and a series of regular progress reports as well.

Missouri Marijuana Penalties Can Include Jail Time

The maximum penalties for misdemeanor possession of a controlled substance (marijuana) or drug paraphernalia in Missouri are:

How Long Does Possession Of Marijuana Stay On Your Criminal Record?

If you plead guilty to possession of marijuana or drug paraphernalia, the conviction will stay on your criminal record forever unless you get it expunged.

Why You Should Not Plead Guilty To Possession Of Marijuana

Even if you were caught with just a pipe or a very small amount of pot, you will have a drug conviction on your permanent criminal record if you plead guilty.

An Attorney Can Get Your Marijuana & Drug Paraphernalia Charges Dismissed Or Reduced To A Less Serious Offense

If you have been charged with possession of marijuana or drug paraphernalia, here are your options: