Drug possession deals with the simple act of carrying or having within easy reach a narcotic or controlled substance. In all instances, except marijuana possession under 20 grams, a person is facing a felony. Drug possession is the lowest level of the different drug crimes but is still serious enough. In fact, a plea to drug possession will suspend a person’s driver’s license for two (2) years even if a vehicle had nothing to do with the crime. Antonio G. Jimenez is an experienced Miami drug possession attorney who defends clients charged with possession of cocaine, marijuana, ecstasy, heroin or LSD.
Drug possession most often occurs because a person has a drug addiction, and one of the tools that an experienced criminal attorney uses to resolve this matter is to obtain proper rehabilitation that is satisfactory to both the prosecutor and, most importantly, the client.
One of the rehabilitation avenues available is the Miami Drug Court program, which is one of the pioneers of the drug court movement in the United States. This program, if completed successfully, has helped many people battle their drug addiction. An attorney can obtain this program for a client but only if the client is ready to get help and is willing to work hard at completing the program. The attorney should also go to every drug court appearance with the client to ensure that completion of the course is going according to schedule.
The following are the most common types of narcotics that are prosecuted in Miami and throughout Florida.
Possession of Marijuana or cannabis less than 20 grams is a first-degree misdemeanor punishable by up to one (1) year in jail.
The following drugs are all third-degree felonies punishable by up to five (5) years in state prison:
An obvious way for the prosecutor to prove that a person had possession of a narcotic drug is when the drug is actually found on the person. Either the person had it in his or her hands or somewhere else on his or her body, like a pant pocket or inside a shoe. But the State can also prove that a person had possession of narcotic drugs without the person having the drugs on his or her body. This is called constructive possession. In order to prove constructive possession, the prosecutor must prove that not only did the person have the knowledge of the drug but the person also had dominion and control over the drug. Mere proximity to the narcotic drug is insufficient in itself to meet this burden. The State must use other factors to establish that a person had dominion and control over the narcotic drug. This is one area of a possible defense that a skilled Miami drug possession attorney will look at.
Antonio Jimenez is a criminal defense lawyer and former prosecutor who is dedicated to fighting drug possession criminal charges. Attacking how police seized the drugs is the most common way to defend drug possession charges, and as an experienced criminal defense attorney, Mr. Jimenez knows how to utilize your Constitutional rights in order to defend you of these charges. If you or a loved one is facing drug possession charges please contact him for free confidential consultation.