Jacksonville Drug Possession Attorneys
Florida Drug Possession Laws
The possession of an illicit substance is a serious drug crime in the state of Florida. The type and amount of the drug allegedly in your possession will play a major role in the possible penalties you face; however, the prosecution will likely seek the maximum allowable penalties.
At First Coast Criminal Defense, our Jacksonville drug possession lawyers have extensive experience in this area of law, along with a proven track record of success in achieving favorable outcomes for our clients.
Regardless of the complexity and severity of your charges, we can help you craft a personalized defense strategy aimed at protecting your rights. We serve clients throughout Duval, Clay, and Nassau counties, and our team is available around-the-clock to assist you.
Constructive vs. Actual Drug Possession
You may face drug charges for two different types of possession: constructive or actual.
Actual Possession in Florida
Actual possession of drugs occurs when drugs are found directly on your person. This could be if the drugs were located:
- In your hand
- In your pocket
- In your backpack/purse
In these instances, police can assume that you have direct control of the substance.
Constructive Possession in Florida
Constructive possession of drugs is more difficult to prove. You may face constructive possession charges if the drug is found not directly in your possession but in a place where it is inferred that you were aware of/in control of the drug.
This could be if the drugs are in your car or home but not directly in your possession at the time of the arrest. If the police believe you have “dominion and control” over the drug, you will be charged with possession.
Based on constructive possession, you may also face possession charges if someone in the same place as you is arrested for possession. For example, if you are driving friends in your car and one has marijuana, you and the other passengers could potentially face charges. In this situation, law enforcement may believe you were all aware of the drug in the car, hence, constructive possession.