Phone: (772) 220-4400
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Possession Of A Controlled Substance

Among all of the drug charges, this is the most common. 
Possession of marijuana and possession of drug paraphernalia are both first degree misdemeanors, and carry a maximum sentence of $1000.00 fine and/or one (1) year in the county jail.  Every other type of controlled substance would likely be a third degree felony as long as it did not exceed a certain quantity (see "Trafficking" on this site).All possession cases can be divided into two categories: Actual possession and Constructive possession cases.

"Actual possession" means:

  • the thing is in the hand of or on the person, or
  • the thing is in a container in the hand of or on the person, or
  • the thing is so close as to be within ready reach and is under the control of the person

"Constructive possession" means the thing is in a place over which the person has control, or in which the person has concealed it.

Constructive possession cases usually arise in the context of vehicle and home searches where the Accused is not the owner of the car or residence, and, or, it is being shared by other occupants. The Law Offices of David Golden, P.A. has had great success in defending these cases because the State is not able sometimes to prove the Accused's:

  1. Control over the contraband,
  2. Knowledge that the contraband was within the Accused's presence, and
  3. That the Accused had knowledge of the contraband.

Drug cases deserve a lot of attention because of the many ways a case may be approached and resolved.  Cases can be vigorously attacked based on the facts and lack of evidence, or, other considerations need to be explored, such as treatment and rehabilitation.  For first time offenders having the case and charges diverted to Drug Court might be a desired benefit.  A tremendous benefit of this option is that upon the successful completion of the Drug Court program the case, in it=s entirety, will be dropped, and the Accused will be eligible to have his or her record expunged. However, this is a very difficult and demanding program, and though it offers wonderful rehabilitative opportunities, every option should be discussed with experienced legal counsel familiar with drug cases. 

Contact the Law Offices of David Golden, P.A.  at (772) 220-4400 to schedule your FREE CONSULTATION.

David Golden P.A. - Stuart Criminal Defense Attorney
Located at 903 SE Central Pkwy Stuart, FL 34994. View Map
Phone: (772) 220-4400
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