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Aggressive Drug Possession Lawyer Near Me in West Palm Beach FL

Being charged with drug possession can turn your life upside down in an instant. If you or a loved one are in this situation the best thing you can do is to contact a skilled reliable West Palm Beach drug possession lawyer to discuss your options.

You see Florida has some of the most severe drug laws in the entire country—and penalties increase with each passing year.

This is why it’s critical to choose a drug possession lawyer in West Palm Beach who’s deeply knowledgeable on Florida law. At Simko Law Group our attorney Andrew Simko has successfully defended clients facing a wide range of drug possession charges across Palm Beach County.

What Constitutes Drug Possession Under West Palm Beach FL Law?

Under West Palm Beach FL law drug possession is constituted by intentionally or knowingly possessing a narcotic drug. A person can be charged with drug possession whether their intent is personal use selling or distribution.

The term ‘drug possession’ covers more than just illegal recreational substances. Without a valid prescription it’s also illegal to possess controlled substances like Adderall or Ambien.

You should also be aware that ‘possession’ can be defined in multiple ways:

  • Actual possession – The drug was found on your person such as in your pockets or purse
  • Constructive possession – The drug was found in your general area such as your vehicle’s glove compartment

Each carries specific legal penalties if you’re ultimately convicted. But a skilled West Palm Beach drug possession lawyer like Andrew Simko will use details like this to craft the strongest possible legal defense for your case.

Types of Drug Possession Charges in Florida

Because Florida has some of the most stringent drug laws in the US there are many drug possession charges you can find yourself facing. Some of the most common drug possession charges in Florida are:

Drug Possession

Actual or constructive possession of a controlled substance. May be a misdemeanor or felony charge depending on the drug and quantity.

Possession with Intent to Sell

If you’re caught with a large quantity of drugs and/or items like scales and baggies police may believe you intended to distribute or sell the drugs. This is typically a felony charge.

Drug Trafficking

With even higher quantities of drugs your charges may be escalated from distribution to trafficking. This is typically a felony offense. If state lines were crossed during the trafficking you may face federal charges.

FL Drug Schedules and Classifications

In Florida narcotic drugs are sorted into five specific categories based on their potential for abuse and overall dangerousness. These are called drug schedules or classifications.

It’s important to understand these because your potential penalties for a drug possession charge depend in part on the specific drug in question.

Per Florida Statutes § 893.03 here are how some of the more common narcotic drugs are scheduled in West Palm Beach:

  • Schedule I – Cannabis/marijuana LSD heroin and ecstasy
  • Schedule II – Adderall Ritalin OxyContin (oxycodone) methamphetamine and cocaine
  • Schedule III – Testosterone anabolic steroids drugs containing codeine and drugs containing Vicodin
  • Schedule IV – Xanax Ambien and Valium
  • Schedule V – Painkillers antidiarrheal drugs and cough suppressants like Robitussin

All in all over 300 drugs are specifically classified under Florida law. To better understand the potential penalties for the drugs you allegedly possessed speak with an experienced West Palm Beach drug possession lawyer like Andrew Simko.

Penalties for Drug Possession Charges in West Palm Beach FL

The potential penalties for drug possession charges in West Palm Beach FL can vary quite a bit depending on many factors like the type of possession type of drug and quantity.

That said drug possession charges are categorized as either misdemeanors or felonies. Misdemeanors are less serious crimes with less severe penalties while felonies often carry consequences that can affect your life for years to come.

Below are penalties for the most common drug charges in West Palm Beach FL.

First-Degree Misdemeanor

Several drug possession charges in West Palm Beach are first-degree misdemeanors such as drug paraphernalia offenses and possessing less than 20 grams of cannabis.

Potential penalties for a first-degree misdemeanor include up to $1000 in fines and up to one year in jail.

Third-Degree Felony

A third-degree felony is the least serious felony you can be charged with. Possession of certain drugs above a specific weight can result in these charges as follows:

  • Less than 28 grams of cocaine
  • Less than four grams of heroin
  • 20 grams of marijuana or more
  • Less than 14 grams of methamphetamine
  • Any amount of Xanax without a valid prescription

If convicted your potential penalties include up to $5000 in fines and up to five years in a state prison facility.

Second-Degree Felony

Common second-degree felonies in Florida are possession with intent to sell and possession of chemicals used to make specific illegal substances.

These charges carry a penalty of up to $10000 in fines and up to 15 years in a FL prison.

First-Degree Felony

This is the most serious drug charge you can face in West Palm Beach. You may be charged with a first-degree felony for:

  • Drug trafficking
  • Selling drugs within 1000 feet of a school
  • Possessing more than 10 grams of a Schedule I or Schedule II substance

Depending on the specific charges potential consequences include fines of up to $10000 and up to 30 years in a Florida prison. You may also face federal felony charges with even harsher penalties.

Get Help from a Reliable Knowledgeable West Palm Beach Drug Possession Lawyer

If you’re searching for a “drug possession defense lawyer near me in West Palm Beach FL” look no further. Andrew Simko of Simko Law Group has the experience knowledge and attention-to-detail to craft the strongest possible legal defense for your case.

As a former Florida prosecutor he has uniquely valuable insight into how the prosecution might build their case against you—and how to effectively dismantle their strategy.

Drug possession penalties in Florida are among the most severe in the country. A conviction for these charges can forever change the course of your life. Don’t delay—call (561) 951-1264 today to schedule your free case evaluation.

Drug Possession Attorney FAQs

How can evidence be challenged in a drug possession case in West Palm Beach?

In a drug possession case in West Palm Beach evidence can be challenged by filing a motion to have it suppressed or by casting doubt on the evidence during the trial.

But if you want to succeed in doing so specific criteria must be met. If any of the following are true you may have grounds for challenging the evidence in your drug possession case:

  • The search warrant was illegally executed
  • There was no warrant to obtain the evidence
  • Your Miranda rights were violated during the process
  • There was no probable cause for the grounds of the warrant
  • Law enforcement officials seized items that weren’t listed in the warrant
  • A chain of custody error occurred in how the evidence was stored handled or transferred

The best way to understand if any of these apply in your case is by speaking with a knowledgeable dedicated West Palm Beach drug possession lawyer like Andrew Simko of Simko Law Group.

What are the long-term legal consequences of a drug possession conviction in Florida?

The long-term legal consequences of a drug possession conviction in Florida include:

  • Serious fines that can impact your finances for years to come
  • A public criminal record that can affect your job and housing options
  • Potential suspension of your driver’s license for a minimum of 6 months
  • Satisfying conditions of your probation like drug tests and community service
  • Major difficulties with parenting matters such as custody adoption and fostering

What should you look for in a defense attorney for drug possession cases?

You should look for the following qualities in a defense attorney for drug possession cases:

  • Local expertise – Because FL drug laws are so complex it’s vital you choose a West Palm Beach drug possession defense lawyer with years of experience in the local area
  • Communication skills – You need a drug possession attorney who can clearly spell out what you’re up against and help you understand the best way to proceed
  • Deeply knowledgeable – Since every detail matters in a drug possession case your attorney must have up-to-date knowledge of FL drug laws and legal processes

    • Successful track record – Most of all it’s crucial to choose a West Palm Beach drug defense attorney who’s handled cases similar to yours and reliably achieves favorable outcomes for their clients