Drug Crimes Attorney Picking Apart the Prosecutor’s Case Against You
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- Barbara Kibbey Wagner also received the Best Advocate award for her impressive legal skills.
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There are a number of drug crimes that you may be charged with in the state of Florida. In general, some drug crimes are more serious than others, but no drug offense should be taken lightly because of the penalties that you may face if you are convicted. Defendants who are convicted of drug crimes could face jail time, fines, probation, and community service, among other penalties. To protect your future, it’s in your best interests to get in touch with a criminal defense attorney at Kibbey Wagner, PLLC as soon as possible.
Experienced Lawyers Explain the Different Types of Drug Charges in Florida
The most common drug charge in Florida is drug possession, including the possession of cocaine, heroin, illegal prescription medications, methamphetamines, MDMA, and other controlled substances. Although some states have legalized the possession of marijuana for recreational purposes, Florida has not. This means it is still illegal to have marijuana unless you have been approved to use it for medicinal purposes. If you have a large of drugs in your possession, it’s possible that you will be charged with possession with the intent to sell, which is a more serious crime. You may even face charges of possession of drug paraphernalia if you are found with any tools that can be used to consume drugs.
Possession is not the only drug charge that you may face in Stuart. Drug manufacturing and trafficking are also illegal, and each of these crimes are aggressively prosecuted in this state. If you have been charged with any of these crimes, it’s imperative that you seek representation from an attorney.
A Skilled Lawyer From One of the Top Stuart Law Firms Discusses Constructive Possession vs. Actual Possession
To be in actual possession of controlled substances means you have the drugs on your person or within reach. Whether or not the drugs are yours is often not disputed in cases where you are found in actual possession of the controlled substances.
However, ownership of the controlled substance is frequently discussed in cases where the defendant was found in constructive possession of the drugs. Constructive possession of a controlled substance occurs when the accused does not have actual possession of the drug, but is aware of its presence and has the ability to control it. For example, if police officers discover drugs in a home that you live in by yourself, it’s very likely that they will claim you had constructive possession over the drugs. However, if the drugs are found in the living room within an apartment that you share with other people, it’s not so easy to prove that you knew about the drugs and had the ability to control them.
This legal concept comes up in many drug possession cases because attorneys are often able to argue that the defendant did not have constructive possession over the drugs, and therefore should not face charges. Talk to a criminal defense attorney to determine if this is an appropriate strategy for your case.
What Defense Strategies Can A Law Firm Use in Your Drug Crime Case?
The precise defense strategy that your drug crimes attorney uses will depend on nature of your crime and the amount of evidence that the prosecutor has against you. For example, if you are charged with possession with the intent to sell, an attorney may be able to have your charges reduced if he can prove that the drugs were for your own personal use. If the state does not have much evidence to prove otherwise, this would be an effective defense strategy to use.
An attorney can also carefully review the investigation to determine if law enforcement officers conducted any illegal searches. For example, let’s say a police officer failed to get the appropriate warrant to search your home, but conducted the search anyways. If evidence was discovered during an illegal search, your attorney may be successful in having it thrown out. These are just two of the many ways that an attorney at law can fight the charges against you.
Speak to Our Attorneys As Soon As Possible to Discuss Your Case
If you have been charged with any type of drug crime in the state of Florida, seek legal representation from an experienced criminal defense attorney at Kibbey Wagner, PLLC today. Together, the three attorneys at Kibbey Wagner, PLLC have an impressive 50 years of legal experience. Due to our experience, we are more than capable of handling even the most complex criminal cases.
Our law office has a number of different criminal defense practice areas, including drug offenses, sex crimes, domestic violence, assault, battery, robbery, burglary, DUI, fraud, federal crimes, and white collar crimes. We have three office locations that allow us to serve people in Martin County, St. Lucie County, Palm Beach County, Port St. Lucie, and throughout the state of Florida.
You can schedule a free consultation today by filling out the contact form on our website or calling (772) 286-0023. Once you arrive for your consultation, a criminal defense lawyer on our team will take the time to review your case and provide you with honest legal advice. We will also discuss how we can protect your rights and fight for the best possible outcome in your case. Finally, we will go over our legal fees, so you know exactly what to expect.