Possession of Hydrocodone, without a valid prescription, is a Third Degree Felony in the State of Florida.
To prove the crime of Possession of Hydrocodone, the State must prove the following three elements beyond a reasonable doubt:
- The defendant possessed a certain substance.
- The substance was Hydrocodone.
- The defendant had knowledge of the presence of the substance.
Possession of Hydrocodone is a Third Degree Felony punishable by up to 5 years in Florida State Prison and a $5,000.00 fine.
If the defendant is in possession of more than 4 grams of Hydrocodone then they will be charged with Trafficking in Hydrocodone. For more information on Trafficking in Hydrocodone please clink on the highlighted link.
Additionally, if a person is convicted (adjudicated guilty) of Possession of Hydrocodone then their driver’s license will be suspended by the Department of Highway Safety and Motor Vehicles.
It is an absolute defense to the charge of Possession of Hydrocodone if you are lawfully prescribed the Hydrocodone pills. Unfortunately, all too often, people are stopped by law enforcement and found to be in possession of prescription pills. If the pills are not carried in the actual prescription pill bottle or the person can not immediately provide their valid prescription, they are arrested and charged with felony possession.
Once you have been arrested for possession of prescription pills, it is not as simple as showing a valid prescription. First, you must present a valid prescription for the pills that you were in possession of and second, you must match the pills that you were in possession of to a valid prescription fill from a pharmacy. It is not as simple as getting a valid prescription or showing that you had a valid prescription at the time, you need to show that the pills that you had were from the actual fill of the prescription at the time of your arrest.
For more information of Possession of Hydrocodone or for a free consultation of your case, please contact Fort Lauderdale Criminal Defense Attorney David J. Sobel.