Florida Drug Charges
Unlike most criminal charges, the victim in a drug case is the person who is charged with the crime. A drug conviction can have a devastating effect on your life. It can result in a lengthy prison sentence. Even if you end up serving no jail time, you could be left with a criminal record that makes it harder to get a job or rent an apartment. You may find yourself ineligible for government programs such as federal student loans.
Lawyer Jonathan Rose provides aggressive and knowledgeable representation to clients accused of illegally possessing, selling, manufacturing, or trafficking controlled substances in the Orlando area and throughout Florida. A former prosecutor, Mr. Rose understands how the state handles drug charges. He uses his experience to protect you at every stage of the criminal justice process.
The state of Florida is serious about drug offenses. While juvenile arrests on drug charges have slowed, the overall number has held steady. While an arrest and the prospect of severe sentences are alarming, police and prosecutors must have sufficient evidence and comply with a defendants’ constitutional rights. Mr. Rose, depending on the specific facts of each case, has defended clients by challenging the issuance of a search warrant, the validity of the police stop, witness statements, and whether the police made a lawful search.
Florida Drug Arrests in 2015
Florida Drug Arrests in 2016
*Data from the Florida Department of Law Enforcement
We handle criminal charges such as possession, possession with intent to distribute, manufacturing, and conspiracy involving all types of controlled substances, including:
- Prescription drugs
- Methylone/Methcathinone (Molly)
With 19 years of experience as a prosecutor and now as a drug possession attorney, Mr. Rose is ideally qualified to address the critical issues that frequently arise in Florida drug possession and trafficking cases. Issues such as the issuance of a warrant, how you were stopped by the police, how any search was conducted by the police, any statements that you or other witnesses may have made, and where the drugs were located when found are all issues of paramount importance in defending drug charges.
The law applies to every drug case differently, so call Orlando drug defense attorney Jonathan Rose at 866-371-5615 to discuss the facts of your case and protect your rights.
What Is Actual Possession Vs. Constructive Possession?
The government is not required to prove that you own any drugs or contraband you’ve been charged with possessing. They must only prove that you possessed what you were charged with.
Possession of an object may be actual or constructive. An example of actual possession is a bag of marijuana being in your pants or on a table directly in front of you and in your view. However, constructive possession occurs when an item is not physically on a person and not directly in a person’s view. In this scenario, the government must prove that the person charged has both knowledge of the presence of the marijuana and the ability to control it. This is very common in drug cases and is frequently used as an excellent defense, depending on the facts of the individual case.
Can The Government Take My Property After A Drug Arrest?
If the state or federal government has seized your cash or property as the result of a drug arrest, we will aggressively protect your rights. Florida attorney Jonathan Rose has a track record of success in returning property to its rightful owner.
Was The Warrant Legal?
If a warrant was issued for your arrest, a search warrant was issued for your home, or a warrant was issued that allowed the police to place a wire tap on your phone, Jonathan Rose will obtain the warrant and make sure the warrant was issued properly and that the police executed it properly. If problems exist with the manner of issuance or execution of a warrant, Mr. Rose will exploit those problems to your advantage.
Was The Drug Stop Legal?
How you came into contact with Florida police, i.e., how you were stopped, whether in a car or in public, has a great deal to do with whether the police can use any evidence they obtained against you.
These issues may include:
- Was there an actual traffic violation?
- Who was driving the car and who was the car registered to?
- Was there reasonable suspicion of criminal activity or that someone was armed and dangerous?
Was The Drug Search Legal?
Florida police must have probable cause to search you, your vehicle, or your home without a warrant, unless you allow them (consent) to search.
A common scenario in which probable cause may be present is:
The smell of marijuana coming from your person, vehicle, or home.
A scenario in which consent may be present is:
Police executing a “knock and talk,” by which police come to a home without a warrant and ask to come in and “talk” or literally ask to search the premises.
What If I Wasn’t Read My Rights?
As you know, you always have the right to remain silent and not respond to questioning or statements made by the police. You should always speak to a lawyer before giving up this valuable right.
However, if you do answer questions or respond to statements made by the police, there are circumstances in which they must read you your Miranda rights before they speak to you. If you make statements and you are not “Mirandized,” the government may not be able to use your statement against you.
To learn more about the firm’s services in this area of law, please request an initial consultation. Call 407-894-4555, or contact the Orlando office via email at [email protected]