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What are the possible defenses for a drug possession charge?

Drug possession charges carry very stiff penalties here in Florida. Even if you aren't formally convicted of the drug possession charge, you still have to carry around that embarrassment and arrest for the rest of your life. Plus, if you are convicted, it could seriously harm your chances of getting a good job in the future. Therefore, it is crucial that, if you are charged with a drug crime in Florida, you understand the importance of a strategic defense.

If you've never been involved in a crime, then you may not know what options you have. One possible drug defense that you have is unlawful search and seizure. Basically, this means that the drug was found after police did a search of your person, vehicle or house without your permission and without a search warrant.

It is also important to remember that, when a drug is found, the police will have to send that drug off to a crime lab for analysis. They must ensure that the drug is actually a controlled illegal substance. If the prosecution fails to provide this analysis, or the analysis proves that the drug is not illegal, the entire case could be dismissed.

Another option that you have is claiming that the police may have planted the drug on you or in your vehicle. Unfortunately, this isn't the easiest defense to prove. If someone else was with you when you were charged with possession, the simplest defense would be to state that the drugs weren't yours. You could also defend yourself by saying you had no idea of the presence of any drugs in your car or home.

It takes a lot of time, effort and knowledge to construct a well-thought-out drug crime defense. This is because every case is different. Regardless of the circumstances surrounding your case, you are to be considered innocent until and only if you are proved guilty beyond a reasonable doubt. It is important to remember that drug possession charges in Florida are serious and can wreak havoc on your life. Therefore, it is in your best interest to ensure that you are prepared to fight your case and know what lies ahead.

Source: FindLaw, "Drug Possession Defenses", Jan. 14, 2015

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Ian F. Mann PA

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Fort Myers, FL 33901

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