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

Let’s get something out of the way. I do not represent confidential informants. If that’s your plan, please call someone else.

Every arrest involving possession of a controlled substance without a prescription in Destin is a felony which means you could be facing prison time. 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 serious penalties.

My name is Tim Flaherty. If you have been charged with possession of a controlled substance without a prescription, call my office right away. I’ve been practicing criminal defense law since 2001. I have the experience and expertise to protect your future, so call me 24/7 at (850) 243-6097.

What is Possession of a Controlled Substance without a Prescription?

Possession of a controlled substance without a prescription is a third degree felony. Florida Statute 893.13(6)(a) defines possession on 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”

This charge is punishable by up to 5 years in prison, a $5000.00 fine, and a permanent felony conviction on your record.

Does it matter if the pills weren’t found on me?

Under Florida law possession can be either “constructive” or “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 arrest happens most often after a traffic stop of a car with more than one person in it.

Defending a Possession of Controlled Substance without a Prescription in Destin

Every case is different, but the following list will give you an idea of the things I will be looking at to find something we can use to help you:

  • 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;
  • Find out if the police used a confidential informant;
  • 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; and
  • Explore mitigating circumstances

Because of the extreme consequences for possession of a controlled substance without a prescription in Destin, I handle every case with your future in mind.

If you or a loved one have been charged with possession of a controlled substance without a prescription in Destin, call me today at (850) 243-6097 for a free consultation.

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