Traffic violations and DUI’s may lead to vehicle searches. If police find any illegal drugs in your vehicle, you may be charged with drug possession. This can be troublesome.
Although the penalties towards drug possession have lessened in recent years, (i.e. drug abusers now have a less harsh sentence than drug traffickers or first-time offenders caught with small drug doses can fight to go to drug court instead of prison), the sentence can still be tough. You may be charged with up to three felony degrees or a misdemeanor, which can still lead to jail time and a fine.
Now, when assessing the situation and the crime, law enforcement will look for the following:
Awareness
Law enforcement officials will want to know whether or not you had knowledge of the drug. This is important as the drug may not be yours and may have belonged to a passenger, or the car you’re driving is borrowed and the drugs belong to the vehicle’s owner. If you are unaware of the drug, you did not commit a crime and can’t be accused of possession.
Control
They’ll also want to find evidence that will prove whether or not you highly cared about the custody, control, and management of the drug. This could include hiding, packing, and weighing the drugs in a precise way.
Type of Possession
If you were accused of possession, there are two types: constructive and actual. If the drug is found on you physically, (i.e. in your pocket), you’ll be accused of actual possession. If it was not on you physically but you were aware of the drugs location in your vehicle and had full control over the drug, then you’ll be accused of constructive possession.
Florida Substance Control
Was the substance controlled under Florida Law? If it was, what was the substance and how much of it was there?
Intention to Sell and Distribute
Any proof of selling and distributing, such as money exchanges, receipts, address books, or text messages, will be used as evidence against you.
If you have been accused of illegal drug possession, please remember to follow your Miranda rights, remain silent and seek the opportunity to speak to a lawyer as soon as possible. Only give your name and address to law enforcement, as they will push to ask you more questions.
I am available to discuss your case and provide you legal representation. Feel free to call me and receive a free consultation at (386) 257-1222.
