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Southwest Florida

Drug Possession Lawyer

If you have been accused of Drug Possession contact a Lawyer from the Criminal Law Firm of Viacava & Cantor to represent you on your case.

Young men and women in Fort Myers, Port Charlotte, Punta Gorda, Naples and Cape Coral are often the unfortunate targets of Drug Possession arrests. Without proper legal representation the penalties for Drug Possession can be very steep. When you have been arrested for Drug Possession in Fort Myers hire an experienced Drug Possession Criminal Defense Attorney from Viacava & Cantor to fight on your behalf.

How Serious is Your Drug Charge? Drug Penalties Explained

How serious are your drug charges exactly? There are  multiple categories of Drug Possession charges in Florida and each one varies in regards to the maximum punishment allowed:

  • Marijuana Possession (under twenty grams): Possession of Less than Twenty Grams of Marijuana is a first degree misdemeanor.  First degree misdemeanors are punishable by a maximum of one year in jail.
  • Marijuana Possession (over twenty grams): Possession of More than Twenty Grams of Marijuana is a third degree felony.  Third degree felonies are punishable by a maximum of five years in Prison.
  • Possession of a Controlled Substance: Possession of a Controlled Substance is a third degree felony punishable by a maximum of five years in prison. Common examples of substances that are classified as controlled substances are prescription pills and synthetic marijuana.  Possession of a Controlled Substance arrests in Fort Myers, Naples and Punta Gorda arise from circumstances where somebody is allegedly in possession of oxycontin, roxycontin, percocet, vicodin, xanax, valium or ambien.
  • Possession of Cocaine: Possession of Cocaine is a third degree felony.  Third degree felonies are punishable by a maximum of five years in prison. Whether the cocaine was in powder form or rock form will effect the weight of the cocaine but both possession of powder cocaine and possession of rock cocaine will be charged as Possession of Cocaine.
  • Possession of Methamphetamine: Possession of Methamphetamine is a third degree felony punishable by up to five years in prison. Methamphetamine is a psychostimulant of the amphetamine class of drugs.  Methamphetamine has become increasingly more popular in the United States over the past ten years.
  • Possession of Heroin: Possession of Heroin is a third degree felony and as such it is punishable by up to five years in prison.  With the enormous rise in prescription opiate abuse over the years the amount of Heroin arrests has decreased.  However, with the recent crackdown on pill mills and doctor shopping the amount of Heroin arrests has seen a proportional increase.

Actual Possession vs. Constructive Possession

Prosecutors in the State of Florida have two ways of proving possession: 1) Actual Possession; 2) Constructive Possession.

Actual Possession occurs when the Defendant allegedly had the drugs on his person (i.e. in their pocket, shoe etc.) Constructive Possession is possession without actual control (i.e. when the drugs are found in the center console of a car). Constructive Possession cases vary heavily based upon the individual facts but generally speaking they can be difficult charges for Prosecutors to obtain convictions on.  In order to be convicted for Constructive Possession of Drugs the Prosecutor will need to show that you had both knowledge and control of the drugs. The Lawyers at Viacava & Cantor have extensive experience defending people who have been accused of Drug Possession and know the strongest legal defenses to Actual Possession and Constructive Possession charges. If you have been arrested for Drug Possession contact a Lawyer from Viacava & Cantor and we will immediately begin working to get your charges reduced or dismissed.

The lawyers at the Fort Myers based Criminal Defense Law Firm  of Viacava & Cantor handle Possession of Marijuana Under Twenty Grams, Possession of Marijuana Over Twenty Grams, Possession of a Controlled Substance, Possession of Cocaine, Possession of Methamphetamine and Possession of Heroin  cases throughout the State of Florida. The Criminal Defense Law Firm of Viacava & Cantor is located in Fort Myers with close and convenient access to all other areas in Southwest Florida including Naples, Cape Coral, Port Charlotte, Punta Gorda, Fort Myers Beach, Sanibel, Captiva and Marco Island. Call a lawyer from Viacava & Cantor at 239-672-8934 for a free consultation to discuss the specific facts of your case.

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