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Roman & Roman, P.A.
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Florida Drug Crime Defenses

If you are charged with a drug crime in Florida, there may be many defenses available for you. This article looks at some of the most common defenses that are used in court for drug crimes. It is important to note that the specific defense for any case will depend on the facts and circumstances of the situation. A skilled drug crime defense attorney can help you use the best defenses in your case to have your charges reduced or dismissed.

Drug Possession

Not only is it illegal for people in Florida to possess drugs, it is also against the law in Florida to possess drug paraphernalia. One defense against drug possession is that you did not know that the drug was there. The prosecutor must prove that the person charged with possession knew that he or she possessed the drug. Another defense against drug possession is that the substance itself is not actually a drug and chemical testing is necessary for the prosecution to prove that the drug is actually a controlled substance.

A third defense to drug possession is that the drug was not actually possessed by the person charged with possession. “Possession” is sometimes a tricky term in criminal law. It does not necessarily mean just the holding of something, but anything that is within that person’s control ie. constructive possession. What is and is not “possession” is something that a drug crimes defense attorney can use to defend his or her client from possession charges. In terms of drug paraphernalia, depending on the item it can be argued that it is not actually drug paraphernalia, and/or that there was no intention to use the item with drugs.

Drug Sales

Of course, selling drugs is illegal, but possession of drugs with the intent to sell is also illegal. However, proving an intent to sell may be hard for the prosecution and defenses can exploit this difficulty by claiming that there was no intent to sell the drugs. Prosecutors may use circumstantial evidence to prove intent. One way to defend against this or any other evidence of any drug crime is to prove that the evidence was obtained illegally and therefore not admissible in court. If enough evidence is inadmissible, then a defense attorney can make the case that the charges should be dismissed for lack of evidence. Selling drugs is also sometimes proven by the amount and packaging of drugs found in someone’s possession. Thus, another defense would be to claim that the drugs were for personal use due to the weight or manner in which the drugs were packaged and were therefore not for sale.

Clearwater Drug Crimes Defense Attorneys

If you are charged with a drug crime, you should contact a knowledgeable drug crime defense attorney as soon as possible. Our experienced Clearwater drug crime defense attorneys at Roman & Roman can help you to present the strongest defense available.

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