Lake City Drug Possession Attorneys
Drug possession charges are some of the most common in Lake City, and throughout the state of Florida. While this offense is not considered as serious as other drug offenses, such as trafficking or manufacturing, there are still very serious penalties for those convicted. The prosecution for the state is known to become overzealous when fighting these charges, and they often try to upgrade it to the more serious offense of possession with intent to sell. To fight these charges, and to give you the best chance of retaining your freedom, it is important to speak to a Lake City drug possession attorney.
Drug Possession vs. Possession with Intent to Sell
Due to the fact that the prosecution may try to upgrade a simple possession charge to possession with intent to sell, it is important anyone charged knows the differences between these two offenses. These two violations are very similar, but there is one important difference.
To prove possession with intent to sell, the prosecution must show that you were not only in possession of an illegal drug, but that you also intended to sell the substance. In most cases, possession with intent to sell charges apply when the substance in question is available in large amounts. Sometimes, other facts can also lead to charges of possession with intent to sell. Packing supplies and large amounts of cash are often part of a case when the charges are upgraded to possession with intent to sell.
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Proving Drug Possession
There are several elements of a case the prosecution must prove in order to convict a person. These are as follows:
- The substance was illegal: It is not always obvious when a substance is considered an illegal drug, and when it is not. For example, law enforcement may charge someone with drug possession after finding a prescription they did not believe legally belonged to the person. If the defendant did legally own that prescription, they cannot be convicted.
- You knew about the drug: If the substance was illegal, the prosecution must then prove that you knew the drug was in your possession. For example, someone may put drugs in their friend’s backpack without their knowledge and that could serve as a defense.
- You had control of the drug: Despite the name of the offense, possessing a controlled substance is not enough to be convicted. The prosecution must also show that you had control over the drug. In the example above, if you did not know your friend placed the drug in your backpack, and you had no control over it because you had stepped away from it, that could provide a defense.
Call Our Lake City Drug Possession Attorney Today
Drug possession charges are very serious and if you have been arrested, you need the help of a Lake City criminal defense lawyer today. At Meldon Law, our skilled attorney will review the facts of your case and build a strong defense to give you the best chance of beating the charges. Call us today or fill out our online form to schedule a free consultation.