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Possession Have You Been Charged With a Drug Crime?



While there are many doubts that the "war on drugs" is effective, there is no doubt that drug cases are aggressively prosecuted, particularly in Florida. Unfortunately, the people who are most often getting caught up in the war on drugs are generally good everyday people who have simply made a mistake.

It is important to remember that you do have rights and you do not have to face this alone. The Tomas Law Firm understands what you are going through and a Miami criminal defense attorney at the firm will be committed to helping you achieve the best result possible when you are facing possession charges.

Good defense can make the difference in your case! Call (305) 290-2313 to connect with Attorney Tomas today and discuss your options.

According to § 893.13 of the Florida Statutes,

893.13 Prohibited acts; penalties.— (1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.


Like all drug crimes, possession is taken very seriously and can result in severe penalties. According to the Florida Statutes §893.13 (2011), even simple marijuana possession, 20 grams or less, can lead to a $1,000 fine and up to one year in jail. If the amount of marijuana is more than 20 grams the penalty may be a $5,000 fine and five years in prison.

More dangerous drugs will likely put you at risk for even more severe punishment. For example, if you are caught with more than 10 grams of heroin, you may be charged with a first degree felony and face a fine of $10,000 and a 30 year prison sentence.

Essentially, the penalties for drug crimes become more severe based on the following factors:

  • Prior convictions
  • The amount of the drug
  • The type/schedule of the drug


If drugs were found on your person, it may be difficult to prove that you did not know about it. If drugs were found in your effects, such as your car or your home, there may be more room for the defense to build a case around the drugs belonging to someone else

In order to be charged with possession, the only thing a prosecutor has to do is prove that:

  • You were in actual, constructive, or joint possession of a controlled substance, and
  • You knew what the substance was

One of the strongest defenses against any drug possession charge is to attack police procedure. If police found drugs on your person, but did so in an unlawful or unwarranted search and seizure, the evidence could be thrown out and your case dismissed.

If you were arrested for drug possession, do not face your charges alone! Contact The Tomas Law Firm today. 

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