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Drug possession in Florida

On Behalf of | Dec 17, 2015 | Drug Charges |

Almost every citizen in the United States knows that many types of drugs and controlled substances are illegal to manufacture, distribute and even possess. Simply being found with a few grams of cocaine on your person or in your car could be enough to land you in prison for years and give you a criminal record. In Florida, possession of many of these substances is a third-degree felony, meaning the legal penalties are extremely severe.

It is always important to remember that a citizen of the United States is considered innocent until he or she is proven guilty in a court of law. What this means is that even if a police officer pulls you over, searches you and finds drugs in your jacket pocket, you are still technically innocent of any crime. It is up to the prosecuting attorney to prove that you were knowingly and willfully in possession of the drugs.

These final two factors are perhaps the most important factors to consider when dealing with legally defending yourself against drug charges. It may sound surprising, but even if a law enforcement official finds drugs in your possession, if the prosecution cannot prove that you were aware of the drugs or willfully possessing them, you could still be acquitted.

For example, if someone else was fleeing police and stashed the drugs in your house or threw them into the open window of your car, you will likely be found innocent. Additionally, if a stranger assaults you with a weapon and threatens you or your family unless you transport drugs for them, you could also use that as a legal defense in order to prove that you were not willfully possessing the drugs, even though you knew about them.

No matter how bleak your situation may look, you must take advantage of the fact that you are innocent right up until the moment a judge swings the gavel pronouncing you guilty. With the aid of an attorney, you can establish a legal defense that proves you were not aware of the drugs or that you only had them because you were being blackmailed or threatened.


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