When it comes to drug possession, the laws in Florida are strict, and the consequences can be severe. Whether you’re a citizen, a legal immigrant, or someone in the process of seeking citizenship, being charged with drug possession can have life-altering consequences. In this blog post, Central Justice will break down what drug possession means, how it’s different from drug trafficking, the penalties involved, and how this can affect your immigration status.
What Is Drug Possession?
Drug possession means having illegal drugs in your control. This could mean carrying drugs in your pocket, keeping them in your car, or even having them in your home. In Florida, even if you don’t actually own the drugs, you can still be charged with possession if they’re found in a place where you have control.
There are two main types of possession:
- Actual Possession: This means the drugs are physically on you, like in your pocket or hand.
- Constructive Possession: This means the drugs aren’t directly on you, but they’re in a place where you have control, like in your car or apartment.
Drug Possession vs. Drug Trafficking
While drug possession involves having a small amount of drugs for personal use, drug trafficking is a much more serious crime. Trafficking means selling, delivering, or even just having a large amount of drugs, even if you don’t intend to sell them. The amount of drugs you have can turn a possession charge into a trafficking charge.
For example, if you’re caught with 28 grams or more of cocaine, it’s automatically considered trafficking under Florida law, even if you had no intention of selling it. The difference between possession and trafficking often comes down to the amount of drugs involved.
The Consequences of Drug Trafficking
Drug trafficking in Florida carries severe penalties, including mandatory minimum sentences. This means if you’re convicted of trafficking, the judge must sentence you to a certain amount of prison time.
Here’s a breakdown of the mandatory minimums for some common drugs:
- Cocaine: 28 grams or more = Three years minimum in prison
- Marijuana: 25 pounds or more = Three years minimum in prison
- Heroin: Four grams or more = Three years minimum in prison
These sentences can increase based on the amount of drugs involved and any previous criminal record.
Defense Strategies for Drug Possession Charges
If you’re charged with drug possession or trafficking, it’s crucial to have a strong defense. Here are some common defense strategies:
- Unlawful Search and Seizure: If the police didn’t follow proper procedures when they searched you or your property, any evidence they found might be thrown out.
- Lack of Knowledge: You might not have known the drugs were in your possession. For example, if someone left drugs in your car without your knowledge, you could argue that you weren’t aware of them.
- Entrapment: If law enforcement tricked or pressured you into committing a crime you wouldn’t have otherwise committed, you could argue entrapment.
- Mistaken Identity: Sometimes, people are wrongly identified as being involved in a drug crime. Proving you weren’t the person involved could be a strong defense.
How Drug Possession Can Impact Your Immigration Status
For immigrants, a drug possession charge can have serious consequences beyond jail time and fines. Here’s how:
- Deportation: Certain drug crimes can make you deportable, meaning the government can force you to leave the United States. Even legal permanent residents (green card holders) can be deported if they’re convicted of certain drug offenses.
- Inadmissibility: If you’re convicted of a drug crime, you could be barred from re-entering the United States if you leave. This applies even to those with a green card.
- Loss of Immigration Benefits: Drug charges can also prevent you from becoming a U.S. citizen or renewing your visa. Even if you’re not deported, your immigration status could be seriously affected.
What To Do If You’re Facing Drug Charges
If you’re facing drug charges, it’s important to act quickly. Here are steps you should take:
- Contact an Attorney: A skilled criminal defense attorney can help you understand your rights and build a strong defense. They can also help you navigate the complex interactions between criminal charges and immigration law.
- Don’t Speak to Police Without a Lawyer: Anything you say to law enforcement can be used against you. It’s best to wait until your attorney is present before answering any questions.
- Gather Evidence: If you have any evidence that could support your defense, like witnesses or documents, make sure to keep it safe.
Protecting Your Future: The Importance of Legal Help in Drug Possession Cases
Drug possession charges are serious and can lead to harsh penalties, especially in Florida. If you’re an immigrant, the consequences can be even more severe, potentially affecting your ability to stay in the United States. Understanding the difference between possession and trafficking, the potential penalties, and the available defenses can make a big difference in your case. If you or someone you know is facing drug charges, don’t wait to seek legal help. Central Justice wants to fight for you. Contact us today for a consultation.