ESCOBAR AND ASSOCIATES ANNOUCEMENT REGARDING COVID-19

Escobar and Associates Attorneys at Law remains open during the COVID-19 Coronavirus pandemic. Legal services are defined as “essential” within the Stay at Home Order executed by Florida Governor, Ron DeSantis. We remain committed to providing uninterrupted legal services to all clients. We also remain dedicated to the health and safety of our clients and staff. Within the office, our firm has already implemented protocols to keep clients and staff safe during this crisis. We understand as criminal defense attorneys how crucial it is for our attorneys and staff to remain available 24 hours a day, seven days a week to provide legal services for clients in need.

Your pursuit of justice starts here!

Speak to an attorney 24 hours a day free consultations

Email Us & Get Help
Today

The basics elements of a drug possession charge

| May 2, 2019 | Drug Charges

Most Florida residents probably think that a drug possession charge is relatively straightforward: when a person is caught with illegal drugs, that person will face a drug possession charge. However, oftentimes there is more to these charges than such a simplistic process. In Florida, our readers need to be aware of the basic elements of a drug possession charge.

For starters, the material that is seized by law enforcement officials – which is alleged to be an “illegal” drug – must actually be what the police officers believe it to be. Law enforcement officials receive extensive training in order to be able to identify illegal drugs, including cocaine, marijuana and methamphetamine, oftentimes just be looking at it or smelling it. However, that type of identification alone typically will not hold up in court. The material must be tested to verify its authenticity.

Next, to prove a drug possession charge, the prosecutor must be able to show that the defendant actually knew that the illegal drug was, in fact, illegal to possess, as well as the fact that the defendant actually knew the drug was in his possession. To prove this “knowledge” can be quite difficult.

Lastly, the prosecution must prove that the defendant actually had control of the illegal drug in question. This element of drug possession charges can cause quite a bit of “grey” area, legally speaking, and has been the subject of numerous cases that have been debated all the way to the US Supreme Court. “Possession” oftentimes means more than just having the drug in your pocket. Florida residents facing criminal charges may want to consult an experienced attorney to determine the defense that works best for their situation.

  • Martindale-Hubbell | Top rated lawyer in Tampa | Richard Escobar | For Ethical Standards and Legal Ability | Martindale-Hubbell Top rated lawyer
  • Top Lawyers 2016 | Richard Escobar
  • Top Lawyers 2016 | Dino Michaels
  • Highest Possible Rating in Both Legal Ability & Ethical Standards | AV |AV Preeminent | Richard Escobar | 2016
  • Judicial Education | AV | AV Preeminent | Richard Escobar | 2016
  • CLIENT | DISTINCTION AWARD | Dino mike Michaels, Esq. | Recognized for Excellence | Quality of Service | Overall Value | Responsiveness | Communication Ability
  • 15 | YEAR | Anniversary | Proudly Serving | the Community | Since 2001 | Dino Mike Michaels
  • 10 Best 2018 | Richard Escobar | Client Satisfaction | American Institute Of Criminal Law Attorneys

Archives

Email Us & Get Help
Today

FindLaw Network