Conviction of drug possession in Palm Beach is a very serious crime. Even a minor possession charge can have serious repercussions on your life. It results in jail or causes long-term damage to yourself and your reputation.
When you face a drug charge, you need the help of a palm beach criminal defense lawyer to understand your legal rights. The outcome depends on the evidence of the drug, the amount, any prior criminal history, etc. A good defense makes all the difference.
Understanding Drug Possession Laws
Drug possession is defined in law as having them within your reach or control.
The law recognizes three types of possession of drugs:
- Actual possession- Actual possession means you have the drugs with you.
- Constructive possession – the drugs are in a place you control, such as your car, locker, or home.
- Joint possession – if drugs are in a common area, any of the users can face charges for possession.
Penalties for Drug Possession in Palm Beach
Conviction of possession of drugs may have different outcomes, depending on many factors: type of drug, the quantity found, your prior criminal history, or evidence of intent to sell, etc. Here are some of the penalties you face for such cases:
1. Fines
Possession charges regularly come with heavy fines. A misdemeanor costs you hundreds, if not thousands, in fines. Felony fines can run $10,000 or more.
2. Jail Time or Prison Time
The time served is up to the charges and their severity. Misdemeanor can garner up to 12 months in the county jail, while a felony drug conviction can mean years in prison.
3. Probation
In lieu of jail time, the court may impose a term of probation, during which the person must comply with fairly strict conditions, such as drug testing, counseling, and staying out of trouble. Violating such conditions may result in jail time.
4. Criminal Record
A conviction for possession of drugs can stay on your record indefinitely. This can create barriers to obtaining a job, housing, or getting loans. Most employers and landlords do background checks, and a conviction related to drugs can act as a red flag.
What Is Possession of a Dangerous Drug?
Possession of a dangerous drug means possessing a drug that is classified as highly addictive or harmful. These substances are generally Schedule II or I drugs and have a high abuse potential.
Examples of dangerous drugs:
- Cocaine
- Heroin
- Methamphetamine
- Fentanyl
If you are charged with these drugs, the best thing to do is hire a drug offense lawyer palm beach immediately.
How a Drug Offense Lawyer in Palm Beach Can Help
He is the best person to ensure the best possible outcome for a possession charge. It requires someone knowledgeable in law to protect you when you are in legal trouble.
Here are the specific things an attorney can do for you:
- Assessment of the Case – Your lawyer critically evaluates the weaknesses found in the prosecution’s case.
- Examine for Unlawful Search – If they search you without any probable cause or warrant, suppression of evidence can be there.
- Negotiating Reduced Penalties- A competent lawyer can work to lessen the penalties.
- Explore Diversionary Programs – Under certain situations, you may qualify for a diversion, which results in your charges dismissal.
We are experienced in drug possession cases here at J & J Law Firm, P.A.. We know how to challenge the prosecution’s case and fight for the best possible outcome.
Defenses Against Drug Possession Charges
The mere fact of charges does not guarantee a conviction, and here are some possible defenses an attorney raises:
- Unreasonable Search and Seizure – If the police collect evidence illegally, the evidence may be excluded.
- Possession Not Shown – The lawyer may argue that the drugs do not belong to you or that you were unaware of their presence in court. For example, you are giving your friend a ride and he has drugs in his backpack.
- Entrapment – This can be a reasonable legal defense if coercion by law enforcement results in a crime that you would not have otherwise committed.
- Chain of Custody Problems – If the evidence was handled improperly, the lawyer can challenge the validity of that evidence.
A strong defense may create the possibility of dismissing charges or maybe lessen the penalties and allow for some form of alternative sentencing.
Why Choose J & J Law Firm, P.A.?
A drug offense lawyer palm beach can relieve the stress of accusation. Our attorney is very experienced with the legal system in Palm Beach.
We provide:
- Tailored approaches
- Strong defense against drug possession charges
- Guidance through the complete case process from start to finish
Do not go through this alone. Call us today for a FREE consultation, and we will help you with the defense.
FAQs
What are the penalties for drug possession in Palm Beach?
Penalties vary but can include heavy fines, jail time, probation, and a permanent criminal record, affecting employment and housing opportunities.
Can I be charged if the drugs weren’t mine?
Yes. If law enforcement believes you had control over the drugs, you could face possession charges even if they didn’t belong to you.
How can a drug offense lawyer help my case?
A lawyer can challenge the evidence, negotiate reduced charges, argue unlawful searches, and work to dismiss or lessen penalties.
What is the difference between actual, constructive, and joint possession?
Actual possession means drugs are on you, constructive means they’re in a place you control, and joint means shared access with others.
Can drug possession charges be dropped in Palm Beach?
Yes. If evidence was obtained illegally, the drugs weren’t yours, or other legal defenses apply, an attorney may get charges dismissed or reduced.