Under Florida and federal law, it is unlawful for any person to possess an illegal controlled substance. Even possession of certain pre-cursor chemicals can be a crime. The charges are serious and can result serious prison time and/or fines. Here are some things to consider.

Possession

Committed Miami Drug Possession Defense Attorney

What You Need To Know About Drug Possession Charges

Actual v. Constructive Possession

You don’t have to have drugs on your person to be prosecuted for drug possession. If drugs are found on your person, that is referred to as “actual” possession, and you can be prosecuted. However, as long as the controlled substance at issue is within proximity to you (e.g. in the car, near where you’re standing, etc.), the government may try and prosecute you under a theory of “constructive” possession. These two types of possession are written into Florida’s laws, Fla. Stat. § 893.13, and have been upheld by the courts.

The Government Doesn’t Have To Chemically Test The Evidence

The government does not have to send the alleged drugs to a lab for chemical testing or conduct a field test on scene. While that does happen in many cases, it’s not required. The government is permitted to present an expert witness to identify a substance as a drug in court. This is most commonly done in marijuana possession cases. In some instances, the expert does not even have to have a scientific or chemical degree, advanced training, or be affiliated with law enforcement.

In 2012, in the case of Brooks v. State, the Florida Supreme Court upheld the state’ s tactic of putting a known, experienced crack cocaine dealer on the stand as an expert witness to identify a substance as crack cocaine. There are a variety of challenges that can be made in those instances. Often, a successful challenge can mean the difference between an acquittal or a conviction. Jordan Redavid has been on the cutting edge of these types of challenges.

A Laundry List of Drugs

The State of Florida has more substances classified as drugs than most people realize. They are broken down into five difference schedules, or categories. The schedules then correlate to the severity of a criminal offense for possessing them, and potential penalties. Schedule I drugs (i.e. heroin) are thought to have a higher potential for abuse than say, for example, Schedule III drugs (i.e. Anabolic Steroids).

The Federal Government also classifies drugs in five “schedules,” the most serious being Schedule I, which includes heroin, LSD, marijuana, MDMA and Ecstasy. Prescription pain killers such as Vicodin and OxyContin fall into Schedule II, along with cocaine. Even things such as Tylenol with Codeine are listed, under Schedule III.

Challenges to The Evidence

Both getting caught in possession of a controlled substance, or being falsely accused of possessing drugs (i.e. cops planting evidence), can lead to serious criminal prosecutions. The key is to try and derail those prosecutions with meritorious legal challenges. Your state and federal constitutional rights may very well come back to protect you — if your attorney knows what he or she is doing and what to look for. It is not uncommon to have confessions, statements, videos, chemical tests, or the physical evidence thrown out of court. Once the prosecution is dealt a fatal blow like that, their case usually disappears.

Every client is unique. I believe in being innovative and in using extraordinary strategies to achieve desired results.

Additional Services

I handle all varieties of criminal defense, DUI, civil rights and personal injury cases.

1 CRIMINAL DEFENSE

In criminal defense, results matter most. I am able to handle a wide variety of criminal matters successfully, including:

  • Traffic Offenses
  • Juvenile
  • Theft
  • Criminal Records
  • Conspiracy
  • DUI
  • Obstruction of Justice
  • Drug Charges
  • Weapons Charges
  • Fraud & White Collar
  • Violent Crimes
  • Appeals
  • Sex Offenses

2 DUI

I began my career as Miami DUI attorney, and have valuable experience protecting individuals facing a DUI charge.

  • DUI Defense Options
  • DUI Penalties
  • Refusing Breath/Blood/Urine
  • Field Sobriety Exercises
  • Intoxilyzer 8000
  • Back on Track (BOT)
  • Boating Under the Influence

3 DRUG CHARGES

My goal is to get involved as early as possible to do everything I can to help you or your loved one.

  • Cultivating/Manufacturing
  • Possession
  • Paraphernalia
  • Sale/Trafficking
  • FL v. Federal
  • Medical Marijuana in Florida

4 FRAUD & WHITE COLLAR CRIMES

These crimes usually involve a variety of state and federal laws, and they demand the attention to detail I will give them.

  • Accounting Fraud
  • Extortion
  • Bank Fraud
  • Government Fraud
  • Bribery
  • Medicare/Medicaid & Healthcare Fraud
  • Counterfeiting & Forgery
  • Credit Card Fraud
  • Import/Export
  • Embezzlement
  • Breach of Contract
  • Insider Trading
  • Investment Fraud
  • Internet Crimes
  • Mail & Wire Fraud
  • Money Laundering
  • Mortgage Fraud
  • Racketeering

5 CIVIL CASES & CIVIL RIGHTS

Our rights serve as the bedrock of our democratic society. That’s why when those rights are violated, the violators need to be brought to justice.

  • Civil Rights
  • Civil action for deprivation of rights (42 U.S.C. § 1983)
  • Malicious Prosecution
  • Breach of Contract

6 PERSONAL INJURY

The key to success in such cases is not limited to what occured; it is also tied to how you and your lawyer respond.

  • Auto Accidents
  • Negligent Security
  • Slip and Fall
  • Dog Bites
  • Product Liability
  • Medical Malpractice
  • Wrongful death

For help right away, or a free initial consultation, email any time of the day or night, or call 305-938-9939. I answer calls and email 24/7.