What Defenses Do I Have for a Drug Possession Charge?

Sometimes it can seem like the easiest way to handle a drug possession charge is to simply throw up your hands, plead guilty, and accept whatever penalties you're charged with. While this may be easiest in the short-term, it will only damage your record, future employment, relationships, and living situations.

By putting in the hard work necessary to fight your charges, you have a much better chance of reducing or dismissing your sentence. The right defense and a comprehensive understanding of Florida's legal system can make all the difference in the outcome of your case.

Fighting Your Drug Possession Charges with a Strong Defense

While drug crimes can entail a wide variety of things, including trafficking, sales, cultivation, and transportation, simply just possessing illegal substances is enough to lead to an arrest. The severity of your sentence will depend on the amount and type of drugs found on your person and if you have any prior convictions on your record.

Before you can be convicted with possession, the prosecutor has to prove several different elements.

These include the following:

  • That you were fully aware that the drug existed
  • That the substance in question is illegal
  • That you had control over both the location and the presence of the drug

If they cannot prove these three things, then your case has a higher chance of being overturned. When preparing a defense for your possession charges, it is important to attack the elements that the prosecutor is working to prove. Providing specific, concrete evidence goes a long way in court and can help defend your innocence.

At Hager & Schwartz, P.A., we have over 50 years of combined experience fighting drug possession charges and can prepare the aggressive defense that your case needs. If you are in need of legal counsel, call a Miami drug crimes lawyer from our firm today!