Gainesville Possession of Controlled Substance

Possession of Controlled Substance and Cocaine

Overview of Gainesville Possession of Controlled Substance Charges and Possession of Cocaine Charges

Gainesville Possession of Controlled Substance and Possession of Cocaine

A controlled substance is any substance listed or named in Florida statute 893.13. Cocaine is listed. The penalties for possession of any particular substance can vary greatly depending on the type and quantity of the substance. Usually the most common charge of simple possession of controlled substance is generally considered a felony of the third degree, which is punishable by a sentence of up to five years in a Florida state prison and/or a fine up to $5,000 under Fla. Stat. § 775.082 and . 083.

The type of Offense is determined by what schedule of drug you are accused of possessing. Drugs can be either schedule I, II, III, or IV. For example, according to Florida Statute §893.13, it is considered a criminal offense to sell, deliver, or possess a controlled substance with the intention to sell it. Florida has penalties for crimes such as the possession, sale, manufacturing, trafficking, or purchasing of illegal drugs. Depending on the weight and type of substance it may even be considered trafficking which may have mandatory penalties under 893.135.

The consequences of a third degree felony can be serious, resulting in probation, jail, prison, mandatory drug treatment, drivers license suspension (fl st. 322.055), and/or fines. However there are many possible defenses and legal issues which can help you fight an allegation of possession of a controlled substance and experienced possession of controlled substance lawyer Matt Landsman can help you.

Possession of controlled substance attorney Matt Landsman has fought hundreds of possession of controlled substances cases and knows how to analyze your case to get the best result. Matt Landsman will fight for you always seeking the best outcome for your circumstance.

Possession of Controlled Substances and Cocaine Defenses

Over the years Gainesville Possession of Controlled Substance attorney Matt Landsman has used many defenses and issues to help people protect themselves from harsh sentences or illegal police conduct. Some of the below issues are self explanatory but others are highly case specific and are uncommon. A highly experienced lawyer like Gainesville Possession of Controlled Substance lawyer Matt Landsman can tell you if any of them apply to you. There are a number of issues which may be relevant to you in fighting a drug possession charge. Your case may involve any, some, or all of the following:

Warrantless search and seizure of evidence: unjustified searches can be kept out of evidence which can help your case. Many times a warrant should have been used by the police.
Insufficient reasonable suspicion or probable cause to detain or arrest: police have to meet standards of evidence before they should be using their powers against you.
Illegally obtained warrant: even if a warrant was acquired, did the police acquire the warrant through lies or mis-statements.
Illegally overbroad warrant: was the warrant used overbroad – meaning was it so unclear in its target the police could search whatever they wanted.
Affirmative Defense of Lack of Knowledge: If you didn’t know the substance in your possession was illicit it can be a total defense to a jury.
Lawful Prescription: if the substance was lawfully prescribed by a physician, it can be a total defense.
Motions to Suppress Evidence: once your lawyer has identified something ilegal in your case you can try to challenge that evidence via a motion to suppress.
Lack of Evidence of Possession or Knowledge: It is the States burden to prove you had knowledge of the illicit nature of the substance.
Mere Proximity to the Controlled Substance: The States evidence may be insufficient if you are only near a substance.
Dismissal from Pretrial Diversion: Getting into a diversion program can be a great way to have your case dismissed.
Good Samaritan Law or overdose: Were you seeking help for a medical emergency? if so it could be a defense to the crime.
Temporary or insubstantial Possession: briefly handling or touching a substance doesn’t mean you have criminal liability.
Substantial Assistance Downward deviation: The CPC and mandatory sentencing can be overwhelming

Gainesville Possession of Controlled Substance Attorney can Help Today

To know whether any Gainesville possession of controlled substance defense applies to your case, contact Gainesville Possession of Controlled Substances lawyer Matt Landsman today. Don’t let zealous prosecutors and unconstitutional practices affect your life in seriously painful ways.

Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.

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