There is a misconception in the public concerning a Possession of Cannabis charge. Many people would believe that since it is a misdemeanor, it is a minor or petty charge. Many other people would believe that since it is only cannabis, it is not a big deal because many people think that it should be legal. These misconceptions could have a severe impact on the future of someone charge with possession of cannabis. Defend yourself with a Ft Lauderdale marijuana possession lawyer.
In Florida, possession of cannabis less than 20 grams is a 1st Degree Misdemeanor punishable by up to 364 days in the County Jail and a $1,000.00 fine. In addition, if you are adjudicated guilty for the possession, your driver’s license will be suspended by the Department of Highway Safety and Motor Vehicle for a period of two years. This two year driving suspension applies whether an automobile is involved or not.
There are many other consequences associated with a conviction for possession of cannabis. Some of these consequences are legal and some are not. If you are adjudicated guilty, then you are never eligible to have any portion of your record sealed or expunged. The stigma of a drug conviction may also have a significant impact on your future, whether you are applying for a job, apartment, or you are applying for student loans. There will be a record showing that you have been convicted for possession of cannabis. Although this might not seem like a big deal, the fact that you have been convicted for a drug crime will weigh heavily with potential employers or landlords and might even prevent you from obtaining student loans. A conviction is part of the public record, easily accessible to anyone with an internet connection at any time in the future.
Can I Win My Case?
Yes, there are often excellent defenses in drug possession cases. All cases are different based upon the facts, but the one constant is that generally, there is some sort of a seizure of the defendant and a search conducted to find the cannabis. Generally the search is of your home, car or person.
We can file a motion to suppress the evidence if the police didn’t have a legal right to stop you or pull you over (seizure) and/or search your car, home or even your person (search). The police often violate a defendant’s rights during searches. It is their violation of your rights that could be the key to your defense. Often one of the most important issues to consider is whether the initial seizure and resulting search was lawful. If the search or seizure was illegal, meaning conducting in violation of your 4th amendment rights, a motion to suppress the evidence can be filed.
Often times, drugs are found near a defendant instead of actually in the physical possession of the defendant. This is known as “constructive possession.” In many cases, drugs are found in a car or in a home but not actually on any person. Often, in these cases, the police will arrest and charge the occupant of the car/home with possession of the drugs that were found.
To establish constructive possession, the state must show that the defendant exercised both dominion and control over the drugs. It is not enough for the state to show that the defendant was near the drugs to establish constructive possession. Many of these types of cases can be fought even before formal charges are filed against the defendant. It is imperative to contact Mr. Sobel as soon as you are arrested. Time is of the essence in these cases.
A skilled and experienced Fort Lauderdale possession of cannabis attorney, like Mr. Sobel can examine your case to evaluate the lawfulness of any search and seizure conducted. Mr. Sobel is experienced in examining these situations and determining if the police were authorized to search for drugs. There are many nuisances in 4th amendment law and an experienced cannabis defense attorney in Ft Lauderdale FL like David J Sobel will take the time to look at every fact sometimes is the difference between a dismissal and a conviction.