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O'Mara Law Group > Blog > Drug Charge Defense > Have You Been Charged with Drug Possession? The O’Mara Law Group Can Help

Have You Been Charged with Drug Possession? The O’Mara Law Group Can Help

Let’s face it–unfortunate situations happen to good people all the time. The force with which Florida courts can pursue drug charges could make more of an impact on your life than you’d think. The O’Mara Law Group knows that drug charges can have a significant, devastating effect, and can define the rest of your life. Before you lose hope, talk to a criminal defense lawyer in Orlando from the O’Mara Law Group about your options and possibilities.

First, what are the penalties in Florida for drug possession? Although drug possession is multifaceted, here are a few penalties broken down:

Possession of 20 or less grams of marijuana is considered a first degree misdemeanor, which has a maximum penalty of a $1000 fine and one year in jail. Even possessing drug paraphernalia, such as bongs, pipes, spoons, needles, or containers could get you up to one year in jail and a $1000 fine. More than 20 grams of marijuana or possession of even a minimal amount of any other controlled substance, such as heroin, cocaine, methamphetamine or ecstasy, however, is considered a third degree felony and could result in up to five years in jail and a $5000 fine. Moreover, the penalty for possessing larger quantities of such drugs will increase the penalties significantly, including very severe minimum mandatory penalties.

While these penalties can alter the direction of your life significantly, the real problem most citizens face is the resulting criminal record. A criminal record can significantly prohibit your ability to go into law enforcement or other positions that require background checks, and can prohibit you from getting a professional license, such as a medical doctor or lawyer. Don’t let your dream fall to the wayside because of one mistake.

Here’s the good news: You don’t have to. Yes, it is actually possible to defeat your drug charges depending on your individual circumstance. The O’Mara Law Group will thoroughly investigate the facts surrounding your situation and listen to your side of the story intently. Following this, there are a few ways in which the charge can be countered.

If you’ve been charged with drug possession, chances are that you’ve also been searched by the police in some form. Was your search lawful? This fact can be the difference between five years in prison with a criminal record and your case being thrown out. Imagine pleading guilty to a case where the evidence should not have been admissible. If you speak to the O’Mara Law Group, our skilled Orlando drug charge lawyers could file appropriate motions attacking the evidence, thereby weakening or destroying the state’s case.

Another way to combat drug charges is to combat the state’s constructive possession theory. This theory refers to the fact that the person had actual knowledge that the drug was in their vicinity and he/she had access to it. Say you were caught for 10 grams of marijuana in your car. The prosecution might argue you knew you had access to the drug, but a defense attorney may be able to successfully argue against the little evidence that the prosecution currently holds.

The O’Mara Law Group is dedicated to hearing your side of the story and presenting it in the most compelling way. Even if a plea negotiation has to be worked out, the O’Mara Law Group is very experienced at minimizing the damage caused by such a resolution.

Don’t plead guilty to a case before you know all of your options—you have more than you think. It’s okay to reach out, and with the help of the O’Mara Law Group, you might not have to say goodbye to your dreams and hello to a future of consistent inconvenience.

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