Possession of Methamphetamine (Meth, Crystal Meth) IN FLORIDA

Possession of Methamphetamine (Meth, Crystal Meth) in Florida – Attorney Guide

What are the penalties for Possession of Methamphetamine in Florida?

Understanding the penalties associated with the possession of Methamphetamine in Florida is crucial for anyone facing such charges, as well as for legal practitioners advising their clients. The consequences are severe and can have a lasting impact on your life, affecting everything from employment opportunities to housing and beyond. Below, we break down the penalties in detail, including the potential for imprisonment, fines, and other repercussions such as driver’s license suspension.

Classification and Severity Level

Possession of Methamphetamine is classified as a third-degree felony in the state of Florida. Under the Criminal Punishment Code, this offense carries a severity level of 3, which equates to 16 points. The severity level and points are used in determining the appropriate sentencing guidelines for the offense.

Imprisonment and Probation

If convicted, you could face up to 5 years in prison or probation. It’s important to note that there is no minimum mandatory sentence for this offense, assuming there are no aggravating circumstances like prior criminal convictions. This gives the judge discretion in determining the sentence, which means that while you could receive the maximum penalty, the judge is not obligated to impose any prison time. However, the absence of a minimum sentence should not be taken lightly; judges often consider various factors such as the defendant’s criminal history, the circumstances surrounding the offense, and the presence of any mitigating factors when deciding on a sentence. 

How can I fight a charge of Possession of Methamphetamine in Florida?

Facing a charge of possession of Methamphetamine in Florida is a serious matter that requires a comprehensive understanding of the law, as well as a well-crafted defense strategy. Leppard Law, a premier criminal defense attorney firm based in Orlando, specializes in navigating the complexities of drug possession cases and can offer invaluable guidance. Below, we delve into various potential defenses that can be employed to fight a Methamphetamine possession charge, each with its own set of legal considerations and implications.

Understanding the Burden of Proof

Before discussing specific defenses, it’s crucial to understand the burden of proof. In a criminal case, the State has the responsibility to prove beyond a reasonable doubt that you knowingly and unlawfully possessed Methamphetamine. This burden sets the stage for the defense strategies that can be employed.

Types of Possession: Actual or Constructive

One of the first lines of defense involves challenging the type of possession the State alleges:

• Actual Possession: This means the Methamphetamine was found on your person, such as in your pocket or in your hand. If the substance was not found directly on you, the State cannot prove actual possession.
• Constructive Possession: This is a more abstract form of possession where the Methamphetamine is found in a location over which you have control, like your car or home. To prove constructive possession, the State must also show that you were aware of the substance’s presence.

Challenging the State’s evidence on these grounds can sometimes result in the charges being reduced or even dismissed.

Legal Disposal as a Defense

Florida law allows for a ‘legal disposal’ defense. This means that if you were in possession of Methamphetamine solely for the purpose of safely discarding, destroying, or surrendering it to the police, you may not be guilty of the offense. However, this defense requires strong evidence to support your claim.

Lack of Knowledge

In Florida, claiming that you were unaware of the illicit nature of the substance in your possession is a valid affirmative defense. However, the burden of proof for this defense falls on you, the defendant. You would need to provide compelling evidence to support your claim of lack of knowledge.

Motion to Suppress Evidence

Your attorney can file a motion to suppress evidence if it was obtained in violation of your constitutional rights. For example, if the Methamphetamine was found during an illegal search, the evidence could be deemed inadmissible, significantly weakening the State’s case against you.

Alibi Defense

If you can prove that you were not at the location where the alleged possession occurred, you may use an alibi defense. This would require substantial evidence, such as surveillance footage or witness testimony, to corroborate your claim.

Additional Defense Strategies

• Insufficient Evidence: Sometimes the State’s case is built on shaky ground. Your attorney can argue that the evidence presented is not sufficient to support a conviction.
• Chain of Custody Issues: If there are gaps or inconsistencies in how the evidence was handled from the time of your arrest to its presentation in court, this could be grounds for dismissal.
• Entrapment: If you were coerced or induced by law enforcement to commit the offense, you may have an entrapment defense.
• Medical Necessity: While rarely applicable to Methamphetamine cases, if you can prove that possession was medically necessary and there were no legal alternatives, this could serve as a defense.
• Expert Testimony: Sometimes employing an expert to testify on your behalf about specific elements of the case, such as the improbability of your knowing possession, can be beneficial.

Fighting a charge of Methamphetamine possession in Florida is a complex process that involves multiple layers of legal strategy. The defenses available to you will depend on the specifics of your case, the evidence against you, and the competency of your legal representation. With the right approach and a skilled attorney, it is possible to challenge the State’s case effectively.

Frequently Asked Questions

1. What does it mean to knowingly possess methamphetamine?

Knowing possession means the person was aware that the substance they had was methamphetamine. It doesn’t mean they need to know the legal implications of possession.

2. What does legal disposal entail?

Legal disposal refers to the temporary possession of a controlled substance with the sole intention to dispose of it, destroy it, or surrender it to the police.

3. How can an attorney help fight a methamphetamine charge?

An experienced criminal defense attorney can help devise effective defense strategies, potentially leading to a reduction or dismissal of charges.

4. What is the potential impact of a methamphetamine conviction on my future?

A conviction can lead to severe penalties, including prison time, fines, and a possible suspension of your driver’s license. It can also affect employment opportunities and more.

5. Can I obtain a restricted driver’s license after a methamphetamine conviction?

Yes, under specific circumstances, the court may allow you to obtain a restricted business-purposes-only license.

Contact Leppard Law Now to Secure Your Defense Against Criminal Charges

Facing a charge for possession of methamphetamine or any other drug-related offense is a daunting experience, fraught with severe consequences that can impact your life in unimaginable ways. In such critical moments, you need a legal team that not only excels in criminal defense but also understands you as an individual. That’s where Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC comes in.

Why Choose Leppard Law?

You don’t have to take our word for it; our track record speaks for itself:

• Boasting over 300+ 5-star Google Reviews, our clients’ satisfaction is a testament to our expertise.
• Consistently ranked as the #1 “Best DUI Law in Orlando” by Yelp from 2016 to 2021.
• Recognized as one of the “Best DWI Lawyers in Orlando, FL” by Three Best Rated from 2017 to 2023.
• Featured among the “20 Best Orlando Criminal Defense Attorneys” by Expertise from 2017 to 2023.
• Named the #5 Fastest Growing Law Firm in the US by Law Firm 500 in 2020.
• Winner of the “Client’s Choice Award” for DUI by Avvo in 2015, 2016, and 2017.
• Ranked #1 for “Best DUI Attorneys in Orlando” by Best DWI Attorneys from 2016 to 2019.

A Personal Relationship with Your Attorney

What sets us apart is not just our legal acumen but also our commitment to treating our clients like family. At Leppard Law, we prioritize your best interests, fighting relentlessly for the most favorable outcome in your case. We understand that dealing with a criminal charge is stressful, which is why we strive to make the legal process as painless as possible for you.

Free Consultation: Experience the Leppard Law Difference

Don’t just take our word for it—experience our client-focused approach for yourself. Contact us today at (407) 476-4111 to schedule your complimentary consultation. During this initial meeting, we’ll discuss your case in detail, outline potential defense strategies, and answer any questions you may have.

Community Recognition

We’re proud to have been named “Best of Orlando” for Criminal and DUI Defense on Thumbtack and Yelp for six consecutive years. Your trust fuels our commitment to legal excellence, and we’re honored to serve our shared community.

One Call Can Make All the Difference

A single call to our top-rated criminal defense team can be the turning point in your case. Don’t leave your future to chance; let us provide the support and legal expertise you deserve.

We Get It, and We’re Here to Help

Facing a criminal or DUI charge is an overwhelming experience. At Leppard Law, we make securing the legal help you need as straightforward and stress-free as possible. Contact us today to schedule your free consultation and take the first step towards securing your future.

Your freedom and reputation are too important to risk. Choose a law firm that not only has a proven track record but also treats you like family. Choose Leppard Law.