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The issues that arise from the mention of an arrest on “drug charges” are plentiful. Besides the threat of imprisonment and the negative stigma, an individual can also have his driving privilege revoked if they are convicted of a drug offense. The potential sentences upon conviction of a drug offense vary based upon the amount and type of substance seized. Fla. Stat. § 893 essential declares that the possession of most any “controlled substance” under it’s “schedules” is a Felony. The seriousness of the charges against an individual will depend upon the amount of the substance seized. The only substance that possibly can be charged as a Misdemeanor is marijuana. Possession of less than twenty (20) grams of Marijuana is considered a Misdemeanor under Florida law. On the other hand, possession of more than twenty (20) grams is charged as a Felony.

There are several issues that can help an individual defend a pending drug charge. Some of these issues could result in the court deeming the contraband seized as inadmissible. Other issues could actually involve the something as simple as to whether an individual was actually in possession of the contraband in question. Each case will have unique facts which will raise these issues, however, sometimes they are not readily apparent upon the initial review of the case. Sometimes, only an in depth review of witness statements and police reports can reveal a great deal of information that can assist in a person’s defense. Therefore, the assistance of an experienced attorney is essential in maximizing your chances of preparing an effective defense.

Rick Silverman - Traffic Attorney