Have you been arrested on charges of possession of marijuana in Florida? Don't take these charges lightly, as there may be serious consequences for a Possession charge conviction. Criminal defense attorney JOHN P. GUIDRY has defended thousands of people accused of possession crimes over the past 16 years in central Florida counties ranging from Orange, Seminole, Osceola, Brevard and Lake County. To discuss your options following a drug arrest with an experienced drug crimes defense lawyer in Central Florida, contact us.

Consequences of Cannabis/Marijuana Possession Conviction: Loss of Driver's License, Seizure of Personal Property, No Student Loans (even jail!?)

Possession of Cannabis/Marijuana charges carry with them serious consequences if convicted. For example, even the smallest amount of cannabis/marijuana, if convicted, can result in loss of your driver's license for a two year period, and sometimes seizure of your vehicle or personal property (most commonly, the property seized is cash on hand, especially if there is more than $700). Additionally, many people seeking government assistance for their education may not know that they might not qualify for federal student loans after being charged with a misdemeanor drug offense. In some cases, even if the court withholds adjudication, you may be barred from receiving student loans to continue your education.

Defending Possession of Cannabis/Marijuana: Criminal Defense Attorney John Guidry Looks for Evidence of Illegal Search And Seizure, Mistaken Identity, Constructive Possession Issues, Drug Test Issues

When arrested and charged with a drug possession crime, retaining criminal defense lawyer John Guidry from the earliest point possible can be the critical turning point for defending your case. As an experienced defense firm, we will be able to dissect the facts of your arrest and examine them for evidence of illegal search and seizure, mistaken identity, and any other affirmative defenses which may negate the charges against you.

Criminal defense attorney John Guidry also examines the issue of the State's burden of proving a substance was, indeed, Cannabis, when a client is arrested and charged with Possession of Cannabis/Marijuana. Many officers use what is refered to as a "hit kit", a portable drug testing kit known as the Duquenois-Levine Reagent. It tests for marijuana, hashish, hash oil, THC, and residues of THC in smoking paraphernalia. Current Florida law does not require the State to enter "official" lab results into evidence to convict on misdemeanor Drug Possession or Drug Paraphernalia charges, mere testimony from the arresting officer regarding their personal observations are deemed sufficient.

"Simple Possession" Think Again!

"Possession of Cannabis - Under 20 Grams" is designated by the Florida Legislature as a 1st degree misdemeanor carrying a maximum of 365 days in the county Jail and up to a $1,000.00 fine. Since 1993, criminal defense attorney John Guidry has defended many clients who are charged with the misdemeanor offense of "Possession of Marijuana - Under 20 Grams." Often clients are shocked to hear that what appeared to be a "simple possession charge" is really a charge that can carry heavy court sanctions. For example, prosecutors will often seek a sentence that includes a substance abuse evaluation and counseling or treatment, and random drug testing, coupled with a mandatory two-year driver's license suspension upon conviction.   It is not uncommon for prosecutor's to suggest to the Judge that some jail time is appropriate if your criminal record reflects prior convictions for drug possession, cultivation, or sale. Facing a "simple" Possession of Marijuana is often not as simple as the name of the offense suggests, having an experienced possession defense attorney on your side at the earliest possible time can help make the difference in the outcome of your case.  Now, let's examine the different types of possession.

Actual Possession vs. Constructive Possession

Keep in mind that "ownership" of the cannabis/marijuana has little to no bearing on the question of "possession." The drugs may not be "your" drugs, they may be your friend's, neighbor's, or a stranger's, but that has no bearing on the charge of Possession. Florida's criminal drug laws do not take into account whether the drugs actually belonged to you or another person. The only concern is whether you were in "possession" of the item. For purposes of Florida law, possession of marijuana can be one of two types: "actual" or "constructive."

"Actual" possession refers to a situation where an individual has an illegal drug on their person. For example, someone who has a baggie of marijuana in their pocket would be in "actual" possession of the marijuana.

On the other hand, a person can also be in "constructive" possession of a drug. Constructive possession refers to a situation where a person has knowledge of the item and the ability to access the item. Consider the following scenario: An individual is stopped while driving a car and law enforcement then searches his vehicle. The search of the vehicle reveals marijuana in the glove box or center console. Although the driver wasn't "holding" the marijuana, Florida law still permits the prosecutor to pursue a conviction for possession of marijuana. This concept is commonly referred to in the law as having the ability to exercise "dominion and control." That is, the prosecutor attempts to prove that the driver had knowledge ofthe item's whereabouts, as well as, the ability to have accessed the drug. This may not be enough to sustain a conviction, and criminal defense attorney John Guidry will investigate such facts and file all appropriate motions when constructive possession is an issue.

Illegal Searches in Drug Possession Cases

Drug possession charges commonly stem from a search of your home, automobile or person, conducted by law enforcement or through information gathered by a confidential informant working for law enforcement. Often one of the most important issues to consider is whether the initial search was lawful. If the stop or search was illegal it often leads to the evidence gained from that search becoming inadmissible in court. The inadmissibility of evidence against you is commonly called the "fruit of the poisonous tree" doctrine. Simple put, if the search is illegal (i.e. the tree is poisoned), all the evidence flowing from the search is tainted (i.e., the fruit is also poison) and cannot be used in court. A skilled and experienced criminal defense attorney can examine your case to evaluate the lawfulness of any search conducted by law enforcement. If the search is suspect, a motion can then be filled to "suppress" the evidence that flowed from the unlawful search. Winning such a motion can be highly beneficial, as it basically results in preventing the prosecutor from moving forward with the case.

The law governing Possession of Marijuana are shrouded with nuances and distinctions that can change the outcome of your case. It is vital that you seek the advice of John Guidry, an experienced criminal defense attorney at the earliest date possible. Call our office today for a free initial consultation. Together we can discuss the unique facts of your case and review all of your options to decide on your best course of action.

Aggressive, quality representation since 1993