Possession of Marijuana and other Drugs
Unfortunately, possession of marijuana in Tampa is considered a serious criminal offense. If you are convicted of possessing a misdemeanor quantity of marijuana under Florida law, your drivers license will be suspended for two years. Additionally, a conviction carries with it the potential of possible jail time and can be used to enhance any future charges against you. Contact an experienced Tampa drug lawyer at Pallegar Law, P.A. today for a free consultation to answer questions regarding your case and provide you with a complimentary case review outlining all the potential options you have for resolution.
If you are a first time offender you may qualify for a diversion program to avoid resolving your case in the courtroom and a conviction on the charge. It is important you contact an experienced Tampa drug attorney. Resolving your case in the courtroom is the last option we recommend.Actual Possession and Constructive Possession Defined Tampa Drug lawyer
As your Tampa Drug lawyer we handle all types of drug related crimes. We handle cases ranging from simple possession to sale of drugs to the more serious charge of trafficking. All of these charges have hidden complexities and protocols that must be followed by law enforcement when making an arrest.
There are two basic forms related to possession of any drugs or controlled substances. The first is to possess the drug “actually.”
This means an individual possesses the drugs directly on his or her person or body. An example would be if you have a small amount (anything under 20 grams) of marijuana in your pants pocket. You could be charged with possession of marijuana under 20 grams which is a first degree misdemeanor under Florida law.
The second form of possession is when you possess the drug “constructively.”
This is where the law gets tricky. Courts have found that in order you to be guilty of constructive possession of drugs it must be shown that:
- You were able to exercise dominion and control over the drug;
- You knew of the presence of the drug;
- And you knew of the illicit nature of the drug.
For example in the case a traffic stop, in many cases the knowledge element of the presence of the drug or the illicit nature of the drug requires an admission that you knew there were drugs in the vehicle. This is usually necessary in the case of a traffic stop where there are multiple occupants of the vehicle and the drugs are located in a place where the defendant does not have direct access or control by reach.
Since every case is different, it is important to discuss your case with an experienced drug attorney at Pallegar Law, P.A. No two cases have the same identical facts. To discuss your case at no charge contact a qualified Tampa Drug Attorney today call (813) 444.3912. Having handled thousands of drug cases both as a prosecutor and now as a Tampa Drug Lawyer, we offer a complimentary case analysis of your case.