A drug charge can have a significant effect on your life. If you've been accused of drug possession and need an experienced criminal lawyer, call today. When you or your son or daughter has been charged with drug possession, you need a defense attorney who will fight for your rights and work to get the best possible outcome to your case. The Boca Raton drug possession attorneys at Bottari & Doyle defend against felony and misdemeanor drug possession charges for marijuana, cocaine, heroin, MDMA, methamphetamine, and prescription drugs valium, xanax and percocet. Our criminal defense attorneys are also skilled in defending drug sales, drug trafficking, and drug paraphernalia charges.
One mistake shouldn't mean losing out on your future. We understand that a drug possession charge is a serious accusation that can have potentially negative effects on your career and personal life. We work to minimize the unintended consequences of drug or narcotics possession by negotiating with the prosecutor to reduce the charges, arguing for an alternative punishment, or getting them dropped altogether. Don't give up on your case too early and don't accept a plea deal without speaking to a defense lawyer first.
At Bottari & Doyle, we offer skilled drug possession defense throughout South Florida. If your son or daughter is away at school at Florida Atlantic University or Lynn University and needs our criminal defense representation contact us for a free consultation.
Arrested for a Drug Charge in Boca Raton: 561-588-2781?
What are the defenses to drug charges?
Fourth Amendment Violations - Search and Seizure
The police often find drugs by violating a person's Fourth Amendment rights. The Fourth Amendment to the United States Constitution protects individuals from the government engaging in unreasonable searches and seizures. A Fourth Amendment violation may result in suppression of the drugs. This means that the State cannot use the evidence of the drugs gathered by the police officer, typically resulting in a dismissal of the drug charge. Common Fourth Amendment violations occur in the following scenarios:
1. The police did not have probable cause to believe that a traffic infraction occurred.
2. The police did not have reasonable suspicion to believe that a crime occurred, was happening or was about to occur.
3. The police prolonged the traffic stop to “stall” for a K-9 to arrive at the scene of the traffic stop to sniff around the vehicle.
4. The police searched a defendant when he or she did not voluntarily consent to a search.
5. The police searched the defendant's vehicle without his or her consent.
6. The police searched a defendant's belongings without his or her consent when the defendant was a passenger in a vehicle.
7. The police conducted an illegal pat down search of the defendant.
8. Invalid or no search warrant.
Arrested for a Drug Charge in Boca Raton: 561-588-2781?
Inability to Prove Constructive Possession
Additionally, the State often has a difficult time proving that a defendant was in constructive possession of drugs, typically in joint constructive possession situations. For example, the State would have difficulty proving constructive possession in the following situation:
- The defendant drove a vehicle containing multiple people. The police lawfully pull the vehicle over for speeding. One of the passengers throws a bag containing drugs onto the floor. The State will have difficulty proving that either the driver or the passenger constructively possessed the substance, absent any additional incriminating evidence.
The law regarding possession can be confusing. What facts do and do not constitute possession are determined by case law, and require the knowledge of a skilled criminal defense attorney. The drug charge lawyers at Bottari & Doyle will able to apply the facts of your case to the law to determine if the State will have a hard time proving their case. If the State's case is factually weak, a prosecutor may completely dismiss the charge.
Lack of Knowledge
It is an affirmative defense to a drug possession charge if the defendant can prove that he or she did not know what the substance was.
What are the penalties for drug possession in Boca Raton?
- Marijuana Possession Less than 20 Grams -> First Degree Misdemeanor
- Marijuana Possession more than 20 Grams -> Third degree felony
- MDMA, Ecstasy, Molly less than 10 grams -> Third degree felony
- Cocaine possession under 28 grams -> Third degree felony
- Heroin possession below 4 grams -> Third degree felony
- Methamphetamine possession less than 14 grams -> Third degree felony
- Synthetic drugs (Bath salts, Spice) less than 3 grams is a first degree misdemeanor and more than 3 grams is a third degree felony.
- Fentanyl less than 4 grams -> Third degree felony.
- GHB -> Less than 1 KG, third degree felony
- Anabolic Steroids -> third degree felony.
- Prescription drugs (xanax, oxycodone, vicodin) -> third degree felony
Arrested for a Drug Charge in Boca Raton: 561-588-2781?
Do I need a drug crime lawyer for possession?
Yes, Florida first degree misdemeanors are punishable by up to 1 year in the county jail, probation, court costs and fines. Additionally, Florida law requires a 1 year driver's license suspension if you are convicted of any drug crime. Florida third degree felonies are punishably by up to 5 years in state prison.
What can a Boca Raton drug charge lawyer do for me?
- We can tell you if the police violated your fourth amendment rights by unlawful search and seizure.
- We will go to court for you so that you do not have to miss time from work or school.
- We will fight the charges by using legal and factual defenses to your case.
- We will do everything possible to get the drug charge thrown out.
Contact Us
Contact a drug charge lawyer from Bottari & Doyle, P.A. at 561-588-2781 for a free consultation.
