Drug Possession Attorney in Jacksonville

Search and Seizure Issues Can Affect Whether Evidence Is Admissible

Many possession cases begin with a traffic stop, search of a vehicle, search of a home, or encounter with law enforcement.

The Fourth Amendment limits unreasonable searches and seizures. Depending on the facts, the defense may examine the warrant, any claimed exception, the basis and duration of a traffic stop, and the scope of any consent.

If evidence was obtained through an unconstitutional search or seizure, a motion to suppress may affect whether that evidence can be used in the prosecution.

Our broader drug crimes practice also evaluates issues involving substance identification, laboratory testing, chain of custody, statements to law enforcement, and other weaknesses in the State's proof.

Florida Drug Possession Penalties Depend on More Than the Name of the Drug

The charge level should be checked against the current statute and alleged quantity. Florida § 893.13 contains different possession classifications, while § 893.135 creates separate trafficking offenses at specified weight thresholds. That makes blanket statements such as "the schedule determines the charge" unreliable.

When a possession offense is charged as a third-degree felony, the general statutory maximum is up to five years of imprisonment and a fine of up to $5,000. A first-degree misdemeanor generally carries up to one year in jail and a fine of up to $1,000. Sentencing can still depend on the specific offense, criminal history, the Criminal Punishment Code, enhancements, and other statutes.

A Drug Conviction Can Affect Driving Privileges

For a person age 18 or older convicted of possession, sale, trafficking, or conspiracy involving a controlled substance, Florida § 322.055 generally directs the court to require a driver's-license or driving-privilege suspension.

The statutory suspension is generally six months or until the person completes the required evaluation and, when deemed necessary, an approved treatment and rehabilitation program. The statute also allows a court, in compelling circumstances, to direct issuance of a restricted license for business or employment purposes if the person otherwise qualifies.

Diversion and Drug Court Are Eligibility-Based, Not Automatic

Some defendants may qualify for an alternative to ordinary prosecution or incarceration, but eligibility depends on the charge, criminal history, program requirements, and approval from the appropriate decision-makers.

Florida § 948.08 provides a pretrial intervention framework for certain first offenders and some people with limited prior misdemeanor histories who are charged with eligible misdemeanors or third-degree felonies. Participation requires the approvals specified by the statute.

Duval County also operates an Adult Drug Court. The local program states that nonviolent felony offenses may be eligible for diversion and that, in cases not eligible for diversion, the court may use Adult Drug Court as a condition of probation.

A lawyer evaluating a Jacksonville possession case should therefore distinguish between what the law permits, what the local program accepts, and what is actually available to the individual defendant.

Dismissal, Withheld Adjudication, and Record Relief Are Not the Same Thing

Florida's sealing and expungement laws contain detailed eligibility requirements. A dismissed or nolle prossed charge may create a different path from a case in which adjudication is withheld. FDLE also requires a Certificate of Eligibility before a court-ordered sealing or expungement petition can proceed.

Not every drug case or defendant qualifies. Prior adjudications, the disposition of the case, prior record relief, and other statutory restrictions can affect eligibility.

For that reason, record relief should be treated as a separate legal question rather than promised as an automatic benefit of diversion.

Why Owenby Law Uses a Team-Based Defense Approach

Owenby Law, P.A. has handled thousands of matters across its practice and has served clients in Jacksonville and surrounding Northeast Florida communities for more than 20 years.

The firm's criminal defense approach is collaborative. The team can evaluate police conduct, possession evidence, laboratory proof, statutory defenses, and resolution options together. Former-prosecutor experience adds perspective, but the defense still depends on the evidence and law in the individual case.