State/Federal Drug Conspiracy to possess
Conspiracy to possess is a crime that will not be taken lightly in the Miami, Florida court systems. It is going to be necessary to have to the services of a seasoned drug possession lawyer who knows the Miami, Florida conspiracy to possess laws inside and out.
- How can a person be charged with a drug possession?
- What facts are needed in order to find a defendant guilty of drug possession?
- What drugs are third degree felonies?
- How can an individual fight the charges of drug possession?
In Miami, Florida the penalty for conspiracy to possess is different and depends on the circumstances of each individual case. In many cases drug possession of a controlled substance is considered to be a felony. Sometimes in the Miami, Florida area if a person is charged with drug possession of marijuana it is possible to only be a misdemeanor charge.
A person can be charged with drug possession if one of the following happens:
- A controlled substance was found in the hand or on the body of the individual being charged.
- A controlled substance is found in a container or some other form of packaging on the person being charged.
- A controlled substance is in very close proximity to the person being charged
In order to find a defendant guilty of conspiracy to possess, a state prosecutor is going to have to prove that the defendant had control over the substance in addition to having the knowledge that the substance was within the defendant’s presence.
Being charged with conspiracy to possess comes with very serious penalties that include both an individual losing their driver’s license and spending time in jail. An attorney with experience in handling drug possession charges will be needed in order to avoid such serious repercussions.
The following drugs are third degree felonies and can leave someone doing a 5-year sentence behind bars:
- Less than four grams of heroin
- Less than one gram of LSD
- Less than 10 grams of ecstasy
- Less than 28 grams of cocaine
Getting charged with a conspiracy to possess is sure to be a tough time filled with an abundant amount of stress. It is essential to understand that every arrest is unique with different circumstances. A drug possession lawyer is going to be needed to make sure that the arresting officers followed correct procedures while not violating any of the charged rights. If police did not conduct themselves properly it is likely that evidence they gathered will not be able to be used in the court of law. A good lawyer will also do everything in their power to negotiate with the court system and ensure that their client gets the best possible outcome.
Conspiracy to possess is simply the act of carrying drugs or having drugs and narcotics in very close proximity. Drug possession and conspiracy to possess often occur to people who have an addiction. It is not uncommon for a drug attorney lawyer to work with the courts to reduce their clients sentence in exchange for them participating in a drug court program.
If you or someone you know is convicted of a drug possession crime in Miami, Florida it is very possible that driving privileges will be suspended for two years. There will also be a paper trail that could effect future opportunities including possible future employment. When trying to beat a conspiracy to possess charge the first step an attorney should take is filing a motion to suppress the evidence stacked against their client on the grounds of either an unreasonable or an illegal search.
There are various defenses against drug possession charges and an experienced drug defense attorney will know the best course of action to give their client the best chance at avoiding severe penalties in the form of fines or jail time.