West Palm Beach Drug Possession Lawyer

Florida has some of the harshest drug laws in the nation. A drug possession conviction can result in serious penalties, but the possibility of pretrial diversion or intervention, drug court, or probation can help mitigate the long-term consequences. En Español.

If you have been charged with possession of a controlled substance, you need an experienced drug attorney who could aggressively pursue the best possible result in your case. Our West Palm Beach drug possession lawyers have successfully represented individuals facing misdemeanor and felony charges and are committed to presenting a personalized defense for all potential clients.

What are the Drug Possession Laws in West Palm Beach?

State law criminalizes the possession of controlled substances. Simple possession is an offense in which someone held a small quantity of drugs for personal use and did not intend to sell or distribute the controlled substance. To convict someone of simple drug possession under Section 893.13, the prosecutor must prove each of the following elements beyond a reasonable doubt:

• The accused knew of the presence of the substance
• The seized material is considered a controlled substance under Florida law
• The accused exercised control or ownership over the substance

“Possession with intent” is a separate and more serious offense, which includes all the elements listed above and the requirement that the accused had possession of a controlled substance with the intent to sell, manufacture, or deliver these drugs. Controlled substances are defined in Section 893.03 of the Florida Statutes and encompass a litany of narcotics and pharmaceutical drugs.

State law recognizes two types of drug possession–actual or constructive. Actual possession means the person has physical custody of the controlled substance. This charge is more straightforward for prosecutors because it generally involves the police finding contraband on the accused’s person. Constructive possession means that the person had knowledge of the presence of the drugs and the ability to exercise dominion or control over it, such as when drugs are found in a car or home rather than on the person. Being charged with either drug possession offense should be taken seriously and with the help of a West Palm Beach attorney, individuals can be prepared for presenting their defense in court.

What Does “Possession” of  Controlled Substances Mean?

Possession of controlled substances can be actual or constructive. Actual possession means the controlled substance is on your person, such as in a pocket, sock, or hand. Constructive possession is when you know of the substance’s presence and it is within your control, such as in a car, residence, or locker. 

Actual and constructive possession are the same charge. The difference is in what the Prosecutor must prove. If you did not have the substances on your person, the Prosecutor must demonstrate that you had dominion and control over them through constructive possession.

Constructive possession requires more than mere proximity to a controlled substance—you must have a means of control over it. If drugs are found in a car, you could be charged with possession if you had access to the location where the drugs were stored. If they were under the front seat, any passenger may have had access to them and could be charged with possession. If they were locked in the glovebox and you did not have a key, it could be more difficult for a Prosecutor to prove that you had control over the drugs.

What is the Legal Definition of Distribute?

Possession with intent to distribute is defined under the Florida Statutes. The term distribute means to deliver, which is the actual, constructive, or attempted transfer of a controlled substance from one person to another regardless of whether money was exchanged. A person commits possession with intent to distribute if they:

• Possess a certain substance in an amount that is more than for personal consumption or is packaged in a way to evidence intent to deliver to another
• Have knowledge of the presence of the substance
• Seized material is a controlled substance

Prosecutors often use certain evidentiary factors to distinguish between simple possession and possession with intent to distribute. This includes considering the quantity and type of drugs, large amounts of cash, packaging of drugs into baggies, and the presence of drug paraphernalia (e.g. scales) or firearms and other types of weapons.

The Prosecutor does not have to prove that you intended to sell or distribute the drugs to get a conviction on this charge. If you have more than the statutory quantity of a specific drug, there is a legal inference that you intended to sell it. If the drugs are packaged as if for sale, that evidence alone is enough for a Prosecutor to get a conviction on a possession with intent to distribute charge.

 Possession with intent to distribute is either a second or third-degree felony depending on the type of controlled substances involved. Penalties for possession with intent to distribute include jail time and thousands of dollars in fines.

Alternative Programs Available for Some Drug Crimes

Drug addiction and untreated mental health issues are sometimes the root cause of crimes involving drug possession. Palm Beach County offers several programs that allow people accused of drug possession to target these underlying issues. If you are accepted, the Prosecutor will pause your criminal case to allow you to participate.

The available programs have strict enrollment criteria, and the Prosecutor must agree that you are an appropriate candidate. Most programs favor first offenders, but some programs allow you to participate if you have a prior criminal history. The drug possession defense attorneys at Leifert & Leifert are familiar with the diversion programs operating in West Palm Beach and can work to get you accepted if one of them is right for you.

Diversion programs for drug offenses typically involve treatment, education, counseling, and drug testing. The programs are rigorous, but if you are successful, the Prosecutor dismisses the charges, and you will face no criminal consequences.

Penalties for Conviction of Holding Drugs

Drug possession charges range from a first-degree misdemeanor to a first-degree felony offense depending on the specific substance involved, the quantity of the substance, and the criminal history of the accused. Penalties for drug possession charges include, but are not limited to:

• First-degree misdemeanor: Possession of less than 20 grams of marijuana. Up to one year in jail and/or fine of $1,000
• Third-degree felony: Possession of more than 20 grams of marijuana but less than 25 pounds. Possession of less than 28 grams of cocaine and 10 grams of MDMA. Up to five years in prison and/or $5,000 in fines
• First-degree felony: Possession of more than 25 pounds of marijuana, 28 grams of cocaine, or 10 grams of MDMA. Up to 30 years in prison. Certain mandatory minimum sentences may apply if the person is found in possession of trafficking amounts of a controlled substance

A lawyer in West Palm Beach could help someone accused of drug possession avoid or minimize these penalties.

Sentencing Enhancements Can Increase Penalties

If you are convicted of a drug possession crime and specific circumstances were present, you could receive a more severe sentence. In most cases, the Judge may impose the sentence that would be appropriate for the next level of crime— for example, the penalty for a Second-Degree Felony when the charge was a Third-Degree Felony. The circumstances that can lead to harsher penalties are called sentencing enhancements.

Florida law allows an enhanced sentence when a drug sale occurs in a designated drug-free zone, such as a school, hospital, or place of worship. Selling drugs to a minor is another circumstance that could lead to sentence enhancement. If you are designated a Habitual Felony Offender, a Habitual Violent Felony Offender, a Violent Career Criminal, or a Prison Releasee Reoffender, you also could be subject to sentence enhancement.

Judges once had discretion to impose sentence enhancements, but a recent Federal Appeals Court decision indicates that a jury should decide unanimously that an enhanced sentence is appropriate before a Judge can impose it. Our West Palm Beach Attorneys can advise you about whether sentence enhancements may be a concern in your specific case.

Possible Defenses for Drug Possession

The defenses to drug possession charges most often include Fourth Amendment violations (illegal search and seizure), lack of knowledge of illicit nature of controlled substance, and/or that the substance was legally obtained with a valid prescription. Possible defenses to these charges will vary according to the specific facts of a case. A drug possession charge does not guarantee a conviction. Contacting Our West Palm Beach lawyers can make a difference in your drug possession case.

Speak with a West Palm Beach Drug Possession Attorney

Our West Palm Beach drug possession lawyers could help you build a defense if you have been accused of having ownership or control of a controlled substance. Whether you allegedly had drugs for personal use or you have been accused of the possession with the intent to sell and distribute, our attorneys could help you prepare for the legal battle ahead of you. As former prosecutors, we know what you may be up against and could effectively defend you against drug possession charges in court. For more information about how the legal team at Leifert & Leifert could help you, call today.