Orlando Heroin Possession Lawyer
State and federal laws dictate that possessing a controlled substance can often be a matter of serious consequence. Among the wide array of criminalized drugs circulating across several markets, they can all result in a conviction. From hefty fines and time behind bars to mandated rehabs, a drug conviction can mean that you’ll be caught up in the system for years to come.
If you or a loved one is facing charges for possession of heroin, make the choice to work with a knowledgeable lawyer. With Parikh Law, you’ll stand a fighting chance against heroin possession charges. An Orlando drug possession attorney has the expertise, experience, and drive to mount a successful criminal defense on your behalf.
What Are Drug Possession Charges?
Drug possession charges are brought against persons found to be in physical custody or control of an illicit substance. This is for personal use, distribution, sale, or any other purpose. Different drug charges are classified based on jurisdiction, amount, and circumstances. Possession charges can levy a variety of legal consequences.
Drug possession charges come about as a result of the United States judiciary system’s prohibition of certain substances, and of possessing otherwise legal substances under specific conditions. Both state and federal law recognizes the prohibition of certain illicit drugs and other drugs under certain circumstances. Sometimes state and federal laws overlap, but not always.
Defenses Against Heroin Possession Charges
For you to be charged with simple possession of heroin or other drugs, prosecutors must show that you knowingly had the drug in your control. Defenses against these allegations can take many forms. Among them are:
- Asserting that the drugs were someone else’s
- Asserting that the drugs were recovered during an illegal search
- Asserting that the allegations were brought about as a result of entrapment
- By making the prosecution prove that the substance was a drug
The burden of the prosecution is to prove beyond reasonable doubt that the defendant was knowingly in possession of an illicit substance. A vigilant and diligent drug crime lawyer in Orlando can craft a strong defense around this difficult-to-prove allegation. The result can often lead to avoiding a conviction for possession.
Contact our firm today to get a free consultation about your heroin possession charges. Someone from our team is standing by to help you. Our drug charges attorneys have been vetted through years of training and experience to make your possession defense a successful one.
Possession, Circumstances, and Illegality
The state of Florida incarcerates people at a higher rate than any place on the planet. Charges of possession account for a great number of these incarcerations. Florida statute 893.13(1)(a) states, “a person may not…possess with intent to sell, manufacture, or deliver, a controlled substance….”. Personal use is also covered by this statute.
Consequences increase depending on the circumstances. Penalties are magnified if the accused is arrested within 1,000 feet of any of the following:
- Churches or religious organizations
- Colleges and universities
- Community centers
- Daycare facilities
- Publicly owned facilities
- Schools from 6 am to 12 am
With possession of heroin and other drug charges, it’s not only about what you’re possessing, but the details surrounding the matter. Charges can be magnified according to these sorts of stipulations.
What Must a Prosecutor Prove in a Drug Possession Case?
Three elements must be proven in a case for possession of heroin or other drugs. All must be proven beyond a reasonable doubt for the alleged to be convicted. The elements that must be proven are:
- You knew a controlled substance was in your possession
- You had control of the illicit substance
- The substance in your possession was a controlled substance according to Florida law
A drug possession attorney can develop a strategy to fight the charges against you by introducing doubt into these standards. You can help your drug possession attorney with this by remaining silent and refusing requests to search your person, vehicles, and domiciles without a warrant.
The burden of proof lies with the prosecution, meaning that you’re presumed innocent until proven guilty. The right attorney can develop a defense to help you maintain your innocence by poking holes in the prosecution’s case.
How Our Orlando Attorneys Can Defend You
Having a drug-related conviction on your record can negatively impact your life in many ways. Your Orlando criminal defense attorney can help you to avoid being trapped in the system over drug offenses. Our attorneys are dedicated to fighting for our clients to get their charges dismissed or reduced.
Some of our strategies include:
Scrutinizing Your Arrest
Lots of possession arrests take place under circumstances that range from questionable to unconstitutional and flagrant abuses of power. Police officers may conduct themselves as though they’re above the law. Violating their rights voids any charges brought against the accused. We’ll make sure to investigate to what degree this applies to your charges.
Working to Reduce Your Charges or Fines
Plea deals are a staple legal strategy for defense attorneys. Pleading down to lesser charges is a great way to make harsher punishments go away. Given that lots of drug charges result from non-violent infractions and are first offenses, our attorneys can use their knowledge of the law to pursue the reduction of charges.
Pushing for Rehabilitory Options
In many cases, defendants can plead down from felony or misdemeanor charges to treatment options like rehab. The accused must admit to being an addict who seeks treatment for their disease. This defense is popular in cases where the amount of drugs in one’s possession is relatively small and can be claimed for personal use.