After a Florida resident has been arrested and accused of drug possession, it is vital to get the answer to three pressing questions in order to start formulating the person's criminal defense. These questions will likely lead to one or more follow up questions relating to the drug possession charges. Once,the questions are answered, and all the facts and circumstances have been thoroughly reviewed, it is time to plan the defenses to be preented against the drug possession charges.
First, it is important to know if the police utilized a valid warrant to search the property. Sometimes, police will enter a property without proper permission and make an unlawful arrest. If this occurred, it may be possible to get the drug possession charges dismissed or important evidence excluded from the trial.
Second, is it possible that the arresting officers conducted an unlawful stop, search and seizure operation? If there is any indication that police did not follow appropriate legal protocol during a stop, search and seizure, it could also be grounds for getting the certain evidence excluded at trial or the charges dropped or dismissed. Accused individuals may be able to answer a series of questions from their memory to determine if the officers acted in accordance with the law during their arrest.
Third, it is important to know if the accused individual was aware that he or she was in possession of the alleged drug. If the drugs did not belong to the individual, but were in his or her vicinity, the accusations could be based on what are known as "constructive possession" charges. It is more difficult for the prosecution to prove and convict a person of a constructive possession charge, so it could be of a benefit if an individual is charged with this crime as opposed to a possession with ownership charge.
If you have been charged with drug possession in Florida, Ian F. Mann, PA, is here for you. Best of all, your first consultation is free. We will listen to your story and provide guidance and support concerning your legal rights and criminal defense options.