The Law in Plain English – Boca Raton ➔ Boynton ➔ West Palm Beach ➔ Jupiter’s Top Criminal Lawyer Joshua LeRoy, ESQ. on:Possession of a Controlled Substance – F.S. 893.13
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There are many variables within a possession of a controlled substance charge (all controlled substances apart from less than 20 grams of marijuana). Whether you are a repeat offender, if the drug was in “actual” or “constructive” possession, and what drug was in possession. Every state classifies controlled substances in different ways; in Florida, they use “schedules” as categories, ranked on the likelihood of addiction and abuse.
- Schedule 1 drugs – have a high likelihood of addiction and abuse, and are not for medical purposes, such as heroin.
- Schedule 2 drugs – also have a high likelihood of abuse, but are often used for medicinal purposes, such as morphine and opium.
- Schedule 3 drugs – have a possibility of abuse, and may lead to addiction. They are sometimes used in the medical world. Examples of these drugs are anabolic steroids.
- Schedule 4 drugs – have a low likelihood of addiction, and are accepted medicinally, like diazepam.
- Schedule 5 drugs – have a low likelihood of abuse or addiction, and can be used medicinally. These are medicines which don’t contain large amounts of narcotic drugs.
Possession charges are divided into two groups: actual or constructive. Actual possession means that the item was on the individual’s person, as in their pocket, wallet, or purse. Constructive possession means that the item is easily accessible to the individual, regardless of whether it was theirs or not. For example, if the drugs are in the console of a car, both the driver and passenger can be charged with constructive possession, assuming that they were aware of it’s being there.
Depending on the amount of drugs you have in your possession, the charges range from a 1st degree misdemeanor, to a 1st degree felony. Individuals with previous charges for drug possession will receive harsher consequences than first time offenders. Talk to an attorney to explore your options.
I was not in the vehicle when I was arrested for drug possession, is my license still in jeopardy to suspension?
Yes. In the event that you are guilty, your license will be suspended by the DMV for up to two years, whether a vehicle is included or not.
I wasn’t read my Miranda rights, will my case be rejected?
No. An officer is obliged to read Miranda notices when you are arrested. If an officer makes inquiries that evoke implicating answers, and did not read your Miranda rights, then your answer would be stifled and the State would be restricted from utilizing the answers against you. If there isn’t any other evidence, then the case may be rejected. Certain inquiries don’t need Miranda right, however.
Is Ownership of a Controlled Substance a felony or misdemeanor?
Ownership of a controlled substance is either a misdemeanor or felony charge, contingent upon three principle variables:
- Sort of drug
- Measure of drug
- Your intent with the drug
If you, or someone you know, have been charged with Possession of a Controlled Substance in Palm Beach County (from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, West Palm Beach and up to Jupiter), or any of the surrounding areas use the form below to drop me a note. Let me know a bit about yourself, what’s happened, and a good time to contact you.
-Joshua LeRoy, Esq.
Criminal Defense Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any and all areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach & the surrounding areas of Palm Beach County in the State of Florida.
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