Being accused of drug possession in Florida is a serious matter. Even a small amount of an illegal substance can lead to criminal charges that threaten your freedom, career, and reputation. The good news is that with the right legal team, you don’t have to face the system alone.
At DeGraff Hicks Law Group, our Cocoa Beach drug possession lawyers provide experienced and aggressive defense for clients charged with drug possession in Cocoa Beach and Brevard County.
If you’ve been arrested, call our Cocoa Beach drug crime lawyers at (321) 44-SHARK today to protect your rights and begin building your defense.
Understanding Drug Possession Charges
Drug possession, as defined under Florida drug law, means having a controlled substance either on your person or within your control without legal authorization. The state doesn’t need to prove ownership—just that you had the ability to exercise control over the substance.
Prosecutors often rely on circumstantial evidence, such as location or proximity, to make their case.
What Are the Types of Drug Possession Offenses?
Drug possession charges can vary widely depending on the circumstances:
- Simple possession — Having a small amount of a controlled substance for personal use.
- Possession with intent to distribute — Larger amounts, packaging, scales, or cash may be used by prosecutors to argue you intended to sell or distribute.
- Constructive possession — Drugs found in a location you control, such as a car or apartment, even if they weren’t physically on you.
Each type of charge carries different penalties, and prosecutors often push for the harshest interpretation possible.
What Qualifies as Drug Possession, and How is it Different from Other Offenses?
Drug possession is different from other drug-related crimes because it does not require evidence of manufacturing or selling.
To qualify as possession, the state must prove:
- You knew the substance was present.
- You knew it was illegal.
- You had control over it, either directly or through constructive possession.
This makes possession distinct from trafficking or distribution, which require intent to sell or evidence of larger-scale activity.
How Can a Defense Lawyer Help in a Drug Possession Case?
Drug possession cases often hinge on technical details, which means a Cocoa Beach drug possession lawyer can play a critical role by:
- Challenging search and seizure procedures — Was the evidence obtained legally, or were your constitutional rights violated?
- Reviewing how evidence was handled — Chain of custody errors can weaken the prosecution’s case.
- Analyzing whether possession was actual or constructive — Proximity alone is not enough to prove guilt.
- Identifying weaknesses in the state’s case — From unreliable witnesses to insufficient proof of knowledge.
At DeGraff Hicks Law Group, our Cocoa Beach drug possession lawyers leave no stone unturned when challenging drug possession charges.
What Are Some Common Defenses Against Drug Possession Charges?
Every case is unique, but common defenses include:
- Illegal search and seizure — Evidence obtained without a valid warrant or probable cause may be suppressed.
- Lack of knowledge — You didn’t know the drugs were present or didn’t know they were illegal.
- Disputing possession — The drugs belonged to someone else, or were in a shared space not under your control.
- Challenging lab results — Errors in testing or classification of substances can undermine the charges.
- Chain of custody issues — Mishandling evidence may cast doubt on its reliability.
Our drug possession lawyers near you know how to build a solid defense to protect your freedoms.
What Are the Potential Consequences of a Drug Possession Conviction?
The penalties for drug possession in Florida vary depending on the substance and the amount, but may include:
- Jail or prison sentences — Felony drug possession can mean years in prison.
- Fines — Ranging from hundreds to thousands of dollars.
- Probation — With conditions such as drug testing, counseling, or community service.
- Mandatory rehabilitation programs — Courts may require participation in treatment.
- Permanent criminal record — Affecting employment, housing, education, and professional licensing.
Even a misdemeanor possession conviction can have long-term effects on your future. That is why it is of the utmost importance to contact a trusted Cocoa Beach drug possession lawyer from the beginning.
Is it Possible to Have Drug Possession Charges Reduced or Dismissed?
Yes. Depending on the case, charges can sometimes be reduced or dismissed through:
- Pretrial diversion programs — For eligible first-time offenders.
- Negotiating plea deals — To minimize penalties or avoid jail time.
- Filing motions to suppress evidence — If the search or seizure was unlawful.
- Presenting strong defenses at trial — Creating reasonable doubt about possession or knowledge.
Our drug possession lawyers evaluate every possible angle to help secure the best outcome for your case.
Our Approach to Drug Possession Defense
Our Cocoa Beach drug possession lawyers build drug possession defenses by examining every detail of your arrest, the evidence, and whether your rights were violated.
Thorough Case Analysis
We begin with a comprehensive review of the arrest, including whether police followed search and seizure laws, how evidence was handled, and whether your rights were violated.
Strategic Defense Strategies
Our Cocoa Beach drug possession lawyers don’t believe in one-size-fits-all defenses. Every client’s situation is different, and we build a strategy tailored to your specific circumstances—whether that means negotiating for reduced penalties or fighting for a full dismissal in court.
What Should I Do if I Have Been Arrested for Drug Possession in Florida?
If you’re arrested for drug possession, remember:
- Exercise your right to remain silent — Anything you say can be used against you.
- Request an attorney immediately — Having a Cocoa Beach drug possession lawyer involved early can protect your rights.
- Do not consent to searches without a warrant — You have constitutional protections under the Fourth Amendment.
- Avoid discussing your case with anyone other than your lawyer.
Contact DeGraff Hicks Law Group at (321) 44-SHARK as soon as possible so we can begin working on your defense.
Why Choose DeGraff Hicks Law Group for Your Drug Possession Defense?
At DeGraff Hicks Law Group, our Cocoa Beach drug possession lawyers pair deep knowledge of Florida drug laws with a personalized defense strategy designed to protect your freedom and your future.
Specialized Drug Possession Defense
We have extensive experience handling drug possession cases, from simple misdemeanors to complex felony charges. We know how prosecutors build their cases and how to challenge them effectively.
Experienced Cocoa Beach Drug Possession Lawyers
Our attorneys have a proven record of defending clients against drug possession charges throughout Cocoa Beach and Brevard County. We understand Florida’s drug laws and use that knowledge to fight for favorable outcomes.
Client-Centered Approach
We know these cases can feel overwhelming. That’s why we provide clear communication, personal attention, and support at every stage of the process. You’ll never be left wondering about the status of your case.
Charged With a Drug Crime? Our Cocoa Beach Drug Possession Lawyers Are Ready to Fight for You
Drug possession charges can have serious consequences, but with the right legal team, you can fight back.
At DeGraff Hicks Law Group, we are committed to protecting your rights, challenging the evidence against you, and fighting for your future.
Call our Cocoa Beach drug possession lawyers today at (321) 44-SHARK to schedule a confidential consultation and take the first step in your defense.
