Flaherty Defense Firm, Fort Walton Beach Criminal Lawyer
Offices in Fort Walton Beach, Destin, and Crestview
Free Confidential Consultation

Possession of a Controlled Substance without a Prescription in Destin

Every arrest involving possession of a controlled substance without a prescription in Destin is a felony, which means you could be facing prison time. The stakes are never higher than with a felony arrest. Florida Law Enforcement has taken a hard stance on drug possession and prescription medication has been placed at the forefront of their war on drugs. Florida aims to crack down on anything from “pill mills”, drug dealers, to the recreational user. This equates to serious penalties for even the most low-level offender. Florida law does not discriminate between a hardened drug dealer and a private user. This means that no matter who you are, if you have been charged with possession of a controlled substance without a prescription in Destin, you are facing lifelong consequences.

Defending Your Possession of a Controlled Substance without Prescription Charge in Destin

If you have been charged with possession of a controlled substance without a prescription in Destin, contact my team immediately. With over 14 years defending clients charged with drug offenses, Flaherty Defense Firm knows the tactics and has the skill required to win a possession of a controlled substance without a prescription case. Law enforcement is incredibly eager to convict for every drug offense they find, which is why you need a team that knows the stakes and can protect your future. Flaherty Defense Firm is available 24/7 at (850) 243-6097.

What is Possession of a Controlled Substance without a Prescription?

In Destin, possession of a controlled substance without a prescription is a third degree felony. Florida Statute 893.13(6)(a) defines possession of a controlled substance without a prescription as:

“A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice”

What this means is that any drug in your possession could land you up to five years in prison. Defending these types of drug cases can be tricky because law enforcement is so vigilant about drug charges.

Under Florida law, possession can be either “constructive” or “actual”. To understand how to defend a drug case it is important that you have a knowledgeable attorney that understands the difference.

Actual Possession

The state must prove that the controlled substance was found on your person. This element is very important to defending your case. Actual possession is in your pocket, in your hand, or in a piece of clothing that you are wearing.

Constructive Possession

This term gets a bit tricky and calls for a more creative defense. Constructive means that you have access to the controlled substance. The substance must be known to you and be within “ready reach.” This type of possession occurs in many of the traffic stops in Destin.

Defending a Possession of a Controlled Substance without a Prescription Case in Destin

The first step in any drug case is to explore the manner in which the Police or Sheriff initiated the stop and the search. We explore every option available:

  • In depth analysis of the traffic stop, detention, and arrest
  • Analyze the use of a canine unit
  • Ensure that your Constitutional Rights were not violated
  • Review the how and why of the search and seizure
  • Explore whether law enforcement followed exact protocol
  • Speak with any witnesses or co-defendants
  • Explore whether a valid prescription exists
  • Set depositions of officers and witnesses
  • File appropriate motions to have the charge reduced or dismissed
  • Explore mitigating circumstances

Because of the extreme consequences for possession of a controlled substance without a prescription in Destin, every case is handled aggressively with your future in mind. The penalties for a drug conviction can be extreme. Each and every person that is arrested for this type of offense is treated as a drug dealer and not a person who made a mistake or suffered false blame. The consequences for possession of a controlled substance without a prescription can include the following:

  • Felony conviction on your record that cannot be removed
  • Automatic driver’s license suspension for one year for any drug conviction
  • Up to 5 years in prison
  • Fines up to $5,000

If you or a loved one has been charged with possession of a controlled substance without a prescription in Destin, call Flaherty Defense Firm today at (850) 243-6097 for a free consultation. We have been successfully defending drug cases for over 14 years. Our team has the knowledge and skills necessary to fight your arrest. We are available 24/7 to answer your questions and give you peace of mind.

Florida Association of Criminal Defense Lawyers, Inc.
NORML
National Association of Criminal Defense Lawyers
Avvo Clients Choice 2014
The National Trial Lawyers
national college dui defense