Drug Possession and Drug Dealing in Daytona
It’s no secret that Florida has a “get tough” attitude toward illegal drugs. That includes marijuana right up through illicit prescriptions for drugs such as Oxycodone and so-called “hard” drugs such as cocaine and heroin.
For example, while recreational marijuana use has been legalized in several states (with more expected to follow in the months and years ahead), possession of more than twenty grams remains a felony in Florida. Although that’s not even a full ounce, it can get you up to five years in prison and a $5,000 fine. You can also lose your driving privileges for at least a year.
Prosecutors know that the state has made enforcement of drug laws a priority and will go after violators aggressively. If convicted, you could wind up with a felony criminal record that will follow you through school and work for a lifetime.
If you’re charged with any level drug offense such as possession, sale, or drug trafficking you need experienced and aggressive legal representation on your side.
As with any criminal charge, the state must prove beyond a reasonable doubt all the essential elements of drug possession or dealing charge. First, the drug itself must be illegal. As such, medical marijuana (with a valid prescription) is not covered. The state must also prove that you had possession. This can be actual (for example, the drugs were in your pocket) or “constructive” (you share an apartment where illegal drugs are found). In a distribution or trafficking case, the prosecution must prove that you had possession of quantities larger than those reasonably expected to be held for personal use.
Because of this proof requirement, bringing out any facts that cast reasonable doubt on whether you had possession or possessed a particular quantity can turn what looks like a certain conviction into a potential dismissal.
An experienced defense attorney will explore these and other potential defenses with you.
The Importance of Experienced Legal Representation
An experienced and aggressive defense attorney can help you identify any potential defenses and work with you as you go through the court system. It is important to consult a qualified and experienced defense lawyer as soon as possible so that you can begin fighting your pending drug violation charges. Call the Offices of Jessica Damoth at (386) 846-6043 to schedule a free consultation today.