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5 Frequently Asked Questions about Drug Possession Cases

18 March 2017

If you are dealing with a drug possession case, it is best to have a well-planned and polished defense. This will help decrease your penalty, or in some cases can get your charges thrown out entirely. You need to know the facts about your drug case so that you know what you are up against.

Here at Piotrowski Law, located in Miami, Florida, we want to help you. We have rounded up five of the most frequently asked questions about drug possession cases.

  • What are the most common drugs involved in drug possession cases?

Common drugs that are usually involved in drug possession cases are cocaine, marijuana or weed, crack cocaine, methamphetamine or meth, heroin, opium, ecstasy, LSD, PCP, and psilocybin mushrooms.

Drug possession laws also charge the possession of high quantities of ingredients or chemicals that can be used to manufacture illegal drugs. Possession of certain accessories for drug use is also punishable.

  • What do I do if I am falsely charged with drug possession?

If you are accused of drug possession, you need a lawyer to protect your rights. For example, if drugs are found in a vehicle, a lawyer may be able to challenge the search of the vehicle or cast doubt on whether you knew the drugs were in the car, making it difficult for the prosecution to prove their case against you.

In these cases, you have the right to view the police reports against you. You may also request to see, re-test, or re-weight the drugs used as evidence against you. It is good to have a drug possession attorney to challenge the evidence.

 

  • What are the usual penalties for drug possession in Miami?

 

Depending on the drugs you possessed during your arrest, penalties and prison time can vary.

The state of Florida has decided, for example, that possession of less than 20 grams of marijuana will subject you to one-year imprisonment and fines. That is for a first-degree misdemeanor. For felonies, drug possession could result in substantial prison time and hefty fines.

 

  • Can drug possession charges be dismissed without trial?

 

You cannot truly predict how your drug possession case will go. Each case is fact specific. First time offenders may be eligible for diversion or your attorney can argue for the drugs to be thrown out on a technicality.

Diversion will require you to have drug education and monitoring for a certain period of time. If successfully finished, your case may be dismissed.

A drug possession charge can be dismissed without a trial if the attorney files a motion to suppress challenging the legality of the search or seizure.  If successful, the Judge will throw out the evidence against you and the prosecution will be forced to dismiss the case.

 

  • Can I plead not guilty for a drug possession case?

 

At Piotrowski Law we enter pleas of not guilty for all of our clients. This is a necessary step to attack the case when there is an illegal search of a person, vehicle or property, when the drug evidence was planted on you, or to prepare your case for trial when the evidence is weak, making it difficult for the prosecution to prove their case.

Contact a Drug Possession Attorney today

Are you, or is someone you know, accused in a drug possession case? Drug possession is a difficult case to face whether it is your first time, or not. A drug possession lawyer can help you stay informed and be well-represented while facing charges of drug possession. Contact Piotrowski Law in Miami today for the best team of lawyers to help you with your legal needs.

Chad Piotrowski - post author

Chad Piotrowski is a criminal defense attorney in Miami, Florida. He is a former Miami-Dade Prosecutor and has practiced criminal law, exclusively, for more than 10 years.

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