St. Petersburg Drug Possession Defense Lawyer

Charged with Possession of a Controlled Substance in Florida?

Possession of a controlled substance is a serious charge in Florida. If you have been arrested for possession of a controlled substance, you need to contact a St. Petersburg drug possession attorney as soon as possible. At The Kilfin Law Firm, P.C., our attorney has handled many drug possession cases and can help you fight your charges.

Possession of a controlled substance can be charged as a misdemeanor or a felony, depending on the details of your case. Regardless of the severity of the charges, you need to have an experienced drug possession attorney on your side to help you fight for your freedom.

Discuss your possession case in a free consultation with our St. Petersburg drug possession attorney by calling (888) 258-8049 or contacting us online today.

What Is Possession of a Controlled Substance?

Possession of a controlled substance is the unlawful possession of a controlled substance. Possession can either be actual or constructive. Actual possession means that the substance is in your physical possession, while constructive means that the substance is in your control but not in your actual possession.

Examples of actual possession include:

• You have a controlled substance in your pocket
• You have a controlled substance in your purse
• You have a controlled substance in your car

Examples of constructive possession include:

• You have drugs in a storage unit you rent or lease
• You have drugs in a storage unit you share with someone else

If you are charged with possession of a controlled substance, it is important to note that you can be charged with possession even if the drugs are not in your actual possession. If law enforcement has probable cause to believe that you are in possession of a controlled substance, they can charge you with possession. It is important to have a qualified attorney on your side to help you fight these charges.

What Are the Penalties for Possession of a Controlled Substance in Florida?

Possession of a controlled substance can be charged as a misdemeanor or a felony, depending on the details of your case. Regardless of the severity of the charges, you need to have an experienced drug possession attorney on your side to help you fight for your freedom.

Misdemeanor possession penalties include:

• Up to 1 year in jail
• Fines up to $1,000
• Probation
• Loss of your driver's license

Felony possession penalties include:

• Up to 5 years in prison
• Fines up to $5,000
• Loss of your driver's license
• Probation
• Mandatory drug treatment

If you are convicted of possession, you will also face the loss of your driver's license. This is a serious consequence, as it means that you will not be able to drive to work or school. A conviction could have serious consequences, including jail time, probation, and fines.

What Is the Process For Challenging a Drug Possession Charge in Florida?

Challenging a drug possession charge in Florida involves several legal strategies and steps. Here’s an overview of the process:

• Hire a Drug Possession Attorney: Our qualified criminal defense attorney has the experience to provide personalized advice, represent you in court, and develop a defense strategy.
• Review the Evidence: Attorney Kilfin will review the evidence against you, including police reports, witness statements, and any physical evidence. He will assess whether the search and seizure of the drugs were conducted legally. 
• Evaluate the Evidence of Possession: We can determine if the prosecution can prove that you had actual or constructive possession of the drugs. If we can argue that you didn’t have control over the substances, it could impact the case.
• Challenge the Drug Identification: We check how drugs were tested and identified as illegal substances. Errors in drug testing or chain of custody issues can be challenged.
• Explore Legal Defenses: Depending on your case, we will structure a strong defense using arguments such as lack of knowledge, unlawful search, or entrapment.
• Negotiate a Plea Deal: Your attorney may negotiate with the prosecutor to reduce the charges or penalties, potentially leading to a lesser charge or alternative sentencing like probation or drug treatment programs.
• Prepare for Trial: If the case goes to trial, attorney Kilfin will prepare a defense strategy, gather evidence, and line up witnesses. They will present your case to the judge or jury, aiming to create reasonable doubt.

Contact Our Firm for a Free Consultation

If you are facing drug possession charges, The Kilfin Law Firm, P.C. can help. Our firm proudly serves the residents of St. Petersburg and has extensive experience in drug possession defense. Our attorney has handled many drug possession cases and has a thorough understanding of Florida drug possession laws. We can help you explore your options and fight for your freedom.

To learn more about your drug possession case and how we can help, contact The Kilfin Law Firm, P.C. today. Call (888) 258-8049 for a free consultation

Commonly Asked Questions on Drug Possession in Florida

What Are the Legal Defenses Against Drug Possession Charges?

Possible defenses include arguing that the drugs were not in your possession, that you were subject to an illegal search or seizure, or that you were unaware of the drugs' presence. Our St. Petersburg drug possession attorney can help determine the best strategy based on the specifics of your case.

Are There Any Diversion Programs or Alternatives to Incarceration For First-Time Offenders?

Yes, Florida offers several diversion programs for first-time offenders, including drug court programs. These programs often involve rehabilitation and community service instead of incarceration. Eligibility and availability depend on the specifics of the case.

What Should I Do if I Am Caught With Drugs?

If you are caught with drugs, remain calm and respectful. Contact our St. Petersburg drug possession attorney who is experienced in handling these cases in Florida. He can provide legal guidance, represent you in court, and work towards achieving a favorable outcome.

Can Drug Possession Charges Be Expunged From My Record?

In some cases, it is possible to have drug possession charges expunged or sealed from your record, particularly if you have completed a diversion program or have no prior criminal record. The eligibility for expungement depends on various factors, including the nature of the offense and whether you meet certain criteria.