Drug Possession Defense in West Palm Beach
A drug charge in Florida — from simple possession to trafficking — can bring mandatory minimums, license suspension, and a permanent record. Andrew Jeacoma fights to suppress unlawful searches, expose forensic flaws, and keep drug convictions off your record.
If you have been arrested for drug possession in South Florida do not wait. Call Jeacoma Law today for a confidential consultation.
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What Is Drug Possession Under Florida Law?
Florida law prohibits the knowing possession of a controlled substance without a valid prescription. Under § 893.13, Fla. Stat., possession can be charged as either actual or constructive. Actual possession means the substance was on your person. Constructive possession means it was in a place you controlled and you knew it was there. That distinction matters, and it is often where a defense begins.
Controlled substances in Florida are organized into five schedules based on their potential for abuse and whether they have an accepted medical use.
Schedule I substances have no accepted medical use and a high potential for abuse. Examples include heroin, LSD, and MDMA.
Schedule II substances have accepted medical uses but a high potential for abuse. Examples include cocaine, methamphetamine, and oxycodone.
Schedules III through V include substances with decreasing potential for abuse, such as anabolic steroids, benzodiazepines, and certain prescription cough medications.
The schedule of the substance and the amount in your possession both affect how the charge is classified and what penalties you face.
Penalties for Drug Possession in Florida
Possession vs. Trafficking: An Important Distinction
Florida drug trafficking is defined by quantity, not intent. You do not have to be caught selling anything to face a trafficking charge. If the amount in your possession meets the statutory threshold for that substance, trafficking charges can be filed. The difference between a possession charge and a trafficking charge can mean the difference between probation and a mandatory minimum prison sentence. If you are facing either, the time to act is now.
Possible Defenses
Every case is different, but there are a number of defenses that come up regularly in drug possession cases.
Unlawful search and seizure is one of the most common. If law enforcement violated your Fourth Amendment rights in finding the drugs, that evidence can potentially be suppressed. Without the evidence, the case often falls apart.
Lack of knowledge is another. The State has to prove you knew the substance was there and knew what it was. That is not always as straightforward as prosecutors make it seem.
Constructive possession challenges arise when drugs were found in a shared space, a vehicle with multiple occupants, or somewhere not exclusively under your control. Proximity alone is not enough.
Chain of custody and lab testing issues can also undermine the prosecution’s case if procedures were not properly followed.
What Happens After an Arrest
The steps after an arrest move quickly, and what you do in those early stages matters.
Your License Is Also at Risk
Many people do not realize that a drug conviction triggers an automatic two-year driver’s license suspension under Florida law, regardless of whether the offense involved a vehicle. If you drive to work, drive your kids, or simply cannot afford to lose your license, that consequence alone is a reason to fight the charge.
Talk to an Drug Possession Defense Attorney
A drug possession charge is serious, but it is not the end of the road. There are defenses available, and an early intervention by an attorney can make a significant difference in how your case resolves.
Call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, St. Lucie, Broward, and Miami-Dade counties.
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