Drug possession

Drug possession is the act of possessing one or more controlled or illegal drugs on your person, for self-use or the intent to sell or distribute. The penalty for drug possession charges in the United States can range from a simple fine to prison time. Regardless of the penalty, any drug possession is an offense and results in the arrest of the person who possesses them.

If you are facing a Drug possession charge and need legal representation, the Law Office of Karla Y. Campos-Andersen Esq. P.A. can provide high quality legal advice in all matters related to Drug possession.

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Understanding Your Rights

If the drugs are found in your possession, it is possible that the police searched you illegally, or that they drugs were not properly tested, or that the prosecution cannot prove that YOU possessed them. The state will have a trained prosecutor working against you, so you should also have an experience Fort Myers defense attorney working on your side. There is a difference between being in possession and being under the influence. Under influence is where a person has already used the drug, and no drugs are found in their possession. Such a person cannot face charges of possession. Below are a few of the more common categories of drug possession.

Categories of drug possession law

Simple possession

a person is in possession of the drugs for his personal use. Actual possession is whereby one is physically in possession of the drugs. One is caught carrying the drugs like in a bag or in the pockets.

Possession with the intent to distribute

is where by the sole purpose for having drugs are to sell them. The consequences of this are bit more severe than simple possession. One can be charged with a third degree felony and can result in prison or jail term or very big fines.

Constructive possession

is where a person keeps the drug possessions in a certain place, and he has dominion and control over the drugs.

Joint possession

is whereby the ownership of these drugs is shared by more than one person.

Drug trafficking

is whereby of transportation of big amounts of drugs is involved. The quantity of the drugs found can solely classify a case as Trafficking regardless if exchange or transportation of drugs has occurred.

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    What we do

    If facing a drug possession charge, the right lawyer is imperative. At the law office of Karla Y. Campos-Andersen we have knowledge and experience dealing with drug possession charges. We will present the best defense possible for you in your drug possession case. If you hire our law firm, we will represent you to try to help you avoid a felony conviction. We will do this by trying to get the case dismissed or reduced to a misdemeanor. If we are successful, the outcome may result in probation, diversion, drug court, community service, or you may be required to attend rehabilitation. You may also get a suspended jail sentence and you will be free unless the terms of the plea deal are violated. We may argue your case for a favorable plea bargain, and may be able to reduce the case to a simple drug possession.

    If the drugs are found in your possession, it is possible that the police searched you illegally, or that they drugs were not properly tested, or that the prosecution cannot prove that YOU possessed them. The state will have a trained prosecutor working against you, so you should also have an experience Fort Myers defense attorney working on your side.

    What happens if I have an illegal search or arrest?

    My office will file a Motion to Suppress based in the illegal search or arrest. If the Judge grants our Motion your charges have the potential of being completely dismissed.

    What happens if I just plead guilty?

    By pleading guilty you are waiving all you constitutional rights. The Judge has the discretion to punish you as harshly as he or she may want. Also, your ability expunge or seal your criminal record as diminishes.