Heroin possession in Florida is a crime that law enforcement takes very seriously. However, the law is complex, and no two heroin possession charges are necessarily alike.
Charges vary depending on how much heroin police found you in possession of, as well as other circumstances. It is important to understand the nature of your specific charges so you can be better informed as you move through the criminal justice system. You should consult with a skilled criminal defense attorney who works with heroin possession charges so you can build a strategic defense against your charges.
Types of heroin possession
Two ways exist that heroin possession is defined under Florida law: actual possession and constructive possession. Actual possession is when police find heroin on your person, such as in your bag, car, wallet or hands and is generally the most straightforward form of possession. Constructive possession, on the other hand, is more nuanced, because it refers to possession in which you have access to the heroin, but it was not actually found on you or within your reach. Constructive possession applies to things like drugs as well as firearms, but the concept is the same. This plays a role in your charges and your case.
Amounts of heroin possession
The amount of heroin involved in your arrest is also an important factor. Clearly, the more heroin police find you in possession of, the more severe your charges and possible penalties if convicted. However, despite the amount of heroin, it is also critical that the actual process used to arrest you is thoroughly examined. Police can make mistakes in arrests and sometimes even violate your constitutional rights. When these errors occur, they have a significant bearing on the charges and the case. That is why it is essential to have a criminal defense attorney examine the particulars surrounding your arrest and charges.
Despite what you may have been told, if police arrest you on heroin possession charges, you do have rights under the law. You can protect your rights by seeking an effective criminal defense with an attorney who will work to provide you with a strong defense.