Practice Areas
Melbourne Drug Possession Lawyer
If you have been charged with drug possession, you need an experienced and skilled Melbourne drug possession lawyer to defend you. John A. Spellacy, PLLC has a proven track record of success in defending clients facing drug charges.
If you have been arrested on a drug charge, you could face harsh penalties. Florida’s drug laws are among the strictest in the nation, and if convicted, you could face anywhere from probation to prison. Hiring a Melbourne drug possession lawyer right away is your best chance at a solid defense against your charges.
What Constitutes Drug Possession?
Florida law classifies a broad range of drugs as controlled substances. Possession of these drugs without a prescription can lead to a drug possession charge. You can be charged for drug possession if you knowingly and illegally have a controlled substance for personal use or distribution.
There are two types of drug possession charges: actual possession and constructive possession.
- Actual possession is when drugs are found on a person.
- Constructive possession is when drugs are found in a person’s general area. An example would be if drugs were found in an individual’s glove box during a traffic stop.
Drug charges can include:
- Possession of a controlled substance
- Possession with intent to distribute
- Drug trafficking
- Possession of drug paraphernalia
- Drug manufacturing or delivery
- And others
Whether the possession is actual or constructive, you will face the same drug possession charge and should hire a Melbourne drug possession lawyer immediately.
What Are The Penalties For Drug Possession In Florida?
The penalties you may face for a drug possession conviction will be either misdemeanors or felonies and will vary depending on several factors, including the type of drug, the amount of the drug in your possession, and other circumstances surrounding your arrest.
First-Degree Misdemeanor – This charge can be used for a lesser offense, such as marijuana possession of under 20 grams. Your sentence can include up to a year in jail and a $1,000 fine.
Third-Degree Felony – If the drug is more than a certain weight, it can result in a third-degree felony charge. Less than 28 grams of cocaine, more than 20 grams of marijuana, less than 14 grams of methamphetamine, less than four grams of heroin, and any amount of Xanax without a prescription can get you up to five years in prison and a $5,000 fine.
Second-Degree Felony – Possession with intent to sell or possession of certain chemicals with intent to manufacture illicit substances is a second-degree felony and comes with a 15-year prison sentence and a $10,000 fine.
First-Degree Felony – The most serious type of felony can result in a 30-year prison sentence and a $10,000 fine. Offenses, including possession of more than ten grams of a Schedule I or Schedule II drug, selling drugs within 1,000 feet of a school or park, and drug trafficking are first-degree felonies.
Fourth Amendment Violations And Drug Possession Charges
One of my most successful defense strategies in a drug possession case is demonstrating a violation of the defendant’s Fourth Amendment right which protects them against unreasonable search and seizure.
Law enforcement often goes beyond their authority, compelling individuals to consent to searches of their person, home, vehicle, or belongings without legal grounds for the search. They even use coercive tactics to convince an individual to let law enforcement perform a search. If I can demonstrate a breach of your Fourth Amendment rights, the courts may exclude the evidence obtained from the unlawful search or seizure. This exclusion could lead to the dismissal of your case.
What Should I Do If I Have Been Charged With Drug Possession?
If you have been arrested on a drug possession charge, you need an experienced Melbourne drug possession lawyer on your side. In my five years as an assistant public defender, I saw it all. The position gave me insight into a variety of cases and I decided to dedicate my private practice exclusively to criminal defense.
With my help, my client was able to win his case, and I am thankful for his kind review.
“John was very helpful with resolving my case and getting the best verdict, which was winning the case! Very responsive to emails and phone calls and paid personal attention to me and the details and outcome of the case. Highly recommend that anyone who is looking for representation give John a call; he’s professional and personal with his clients and I promise you won’t be disappointed. Thank you once again, Mr. Spellacy for being there in my time of need.”
The Law Office of John A. Spellacy, PLLC, Can Protect Your Rights
With over 50 jury trials under my legal belt, I have a unique perspective on how to defend you against your drug possession charges. Contact my firm today to schedule a free case evaluation.