Van Riper & Nies Attorneys

Personal Injury, Divorce & Criminal Lawyers in Stuart, Delray Beach, Boca Raton, Port St Lucie

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Stuart FL Drug Possession Criminal Defense

Criminal Defense By |

Stuart and PSL Drug Possession Criminal Defense

Stuart, FL Drug Possession Criminal Defense

Drug possession is a serious criminal offense in the state of Florida. If a person is found in possession of illegal drugs, they can face severe penalties ranging from fines to long-term imprisonment. However, like any criminal case, a defendant has the right to mount a defense to the drug possession charges in court. In this article, we will explore the legal defenses available to someone charged with drug possession in Stuart, Florida. It is important to meet with a Stuart criminal attorney early to discuss your Stuart FL drug possession criminal defense plan.

1. Lack of knowledge or intent – One possible defense to a Martin County drug possession charge is lack of knowledge or intent. This defense is typically used when a person did not know that they were in possession of drugs or did not intend to possess them. For instance, if someone borrowed a jacket and discovered drugs hidden in the pocket, they could argue that they had no knowledge or intent to possess drugs.
2. Illegal search and seizure – The Fourth Amendment of the Constitution protects citizens from unreasonable searches and seizures. If a law enforcement officer violated a person’s constitutional rights while conducting a search, any evidence found during the search could be thrown out of court. For example, if a police officer conducted a search without a warrant or probable cause, any drugs found could be excluded as evidence.
3. Authorization to possess drugs – In some cases, a person may have authorization to possess drugs. This could include medical marijuana or prescription medications. If someone has a valid prescription for a drug, they can argue in court that they were authorized to possess the drug and should not be charged with drug possession.
4. Substance was not illegal – It’s possible that a substance may not be illegal under Florida state law. For instance, a person could be in possession of a substance that they believed was illegal but was not considered illegal under state law. In such cases, the defendant can argue that they did not possess drugs and should not be charged with drug possession.
5. Entrapment Defense in Florida – Entrapment involves law enforcement officers enticing someone to commit a crime they otherwise would not have committed. If a defendant can show that a law enforcement officer enticed them to possess drugs, they may be able to use entrapment as a defense in court.

In summary, while drug possession charges in Stuart, Florida can lead to significant penalties, they are not always cut and dry. Defendants have the right to present a defense to the charges against them. If you are facing drug possession charges in Martin or St. Lucie County, Florida, it’s important to consult with an experienced local criminal defense attorney who can help you navigate the legal system and explore all possible defenses.

For a free consultation, call our Stuart FL criminal defense lawyer, Christian Van Riper, for a free consultation at 772-283-8712 day or night to discuss your Stuart, FL drug possession criminal defense. Christian is a former prosecutor. He has been a resident of Stuart for over 45 years. Christian is a warrior when fighting for his clients’ rights at the Martin County Courthouse. If contacted early enough Christian may be able to reduce the amount of bail at a bail reduction hearing.

 

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