Possession Of Controlled Substances In West Palm Beach

Florida law treats the unauthorized possession of chemical compounds with significant severity. A conviction for a drug crime can lead to prison time and a permanent criminal record, while certain high-quantity offenses carry mandatory minimum sentences. These charges often put your employment, housing and professional licenses at risk.

I’m attorney Daniel Lewin, and I focus exclusively on criminal defense to provide the advocacy your case requires. In 2014, I founded The Lewin Law Firm, PLLC so that clients could receive direct attention from me rather than a revolving door of staff. I know the stress of facing the justice system in Palm Beach County and offer guidance throughout the process.

Actual And Constructive Possession Represent Different Legal Theories

Actual possession means the illegal items were found on your person, while constructive possession involves items found in your general vicinity. In both cases, the state carries the burden of proving guilt beyond a reasonable doubt. To secure a conviction for constructive possession, prosecutors must prove you knew the controlled substance was present and had the ability to maintain dominion and control over it.

If the police found substances in a shared vehicle or a common area of a home, the state faces evidentiary challenges in proving that you specifically exercised control over the contraband. I will investigate the location of the discovery to challenge the link between you and the substances. I also work on cases involving prescription medications where a valid medical authorization exists. Possession of most controlled substances without a legal prescription is a felony; however, possession of 20 grams or less of cannabis is classified as a first-degree misdemeanor in Florida.

Defense Options To Challenge Drug Charges

I will evaluate the details of your arrest to identify the most effective path forward. In drug possession cases, I look for specific procedural or evidentiary errors, which may include:

• Suppressing evidence: If police performed a search without a warrant or a valid exception, I move to have that evidence excluded from the case.
• Challenging probable cause: I question whether law enforcement had a legal basis for the initial stop or the arrest.
• Verifying lab results: I examine laboratory reports to confirm if the seized substance meets the legal definition of a prohibited compound.
• Diversion programs: For first-time offenders, I often pursue drug court to avoid a formal conviction and protect your record.
• Negotiating charges: When the state’s evidence is weak, I can negotiate for a reduction in the severity of the charges.

Identifying these weaknesses early allows me to challenge the prosecution’s narrative. I can explain which of these options applies to your specific arrest in Palm Beach County.

Answers To Common Questions About West Palm Beach Drug Charges

Understanding the specifics of your drug charge is a necessary part of building a defense. Here, I answer some of the questions I most commonly hear from my clients.

What are the penalties for controlled substance charges in Florida?

Most possession charges are third-degree felonies carrying up to five years in prison and a $5,000 fine. However, possession of 20 grams or less of cannabis is a first-degree misdemeanor, punishable by up to one year in jail. Higher quantities (trafficking) can lead to mandatory minimum prison sentences and first-degree felony classifications. Under Florida Statute § 322.055, a conviction for any drug possession offense also results in a mandatory six-month driver’s license suspension.

How can a lawyer help in fighting controlled substance charges?

An attorney will review police reports and body camera footage to identify constitutional violations. I will also depose witnesses and challenge the state’s experts to find weaknesses in their narrative. My goal as your attorney is to secure a dismissal, entry into a diversion program, or a reduction in penalties through litigation.

What defenses are available for controlled substance cases in Florida?

Common defenses include lack of knowledge, illegal search and seizure, and valid prescription authorization. When considering the best defense, I also look for instances of entrapment or procedural errors during the evidence collection process.

Start Your Defense In Palm Beach County

At The Lewin Law Firm, PLLC, I deliver the investigation necessary to challenge the prosecution’s claims. I advocate for residents throughout Palm Beach County who need an attorney to fight for them.

If you are facing drug charges, my team provides the representation you need. Contact me at 561-710-2819 or fill out this contact form to schedule a time to speak with me about your drug possession defense.