Constructive vs. Actual Possession

In Florida, you can be charged with possession of a controlled substance even if the drugs were not on your person. Since drug possession is often charged as a felony, it's important to put your case in the hands of an experienced defense attorney as soon as possible.

At the law firm of LaBar Adams, we offer a free initial consultation to discuss the circumstances of your drug arrest. Our highly knowledgeable Orlando possession defense attorney N. Ryan LaBar has handled hundreds of drug possession cases in Orlando and central Florida. He knows when to challenge the state's case and when to seek an outcome such as pretrial diversion. You should never plead guilty to drug charges, as this would result in a lifetime criminal record. You may also be subject to a two-year driver's license suspension, even if the offense was not driving-related.

What Is Drug Possession?

In Florida, there are two types of drug possession:

  • Possessive possession, which means you had the drugs on your person. Actual possession presumes that you had knowledge, dominion and control over the drugs.
  • Constructive possession, which means the drugs were in an area under your dominion and control, and you have knowledge of the drugs. In many cases of constructive possession, the police found the drugs in the accused person's vehicle or residence.

The outcome of your case may depend on details such as how police came into contact with you and discovered the drug evidence. As your lawyer, N. Ryan LaBar will carefully evaluate every aspect of your drug arrest to determine if police violated your rights at any point in the process. If the stop or subsequent drug search and seizure was illegal, the drug evidence may be suppressed. Without evidence, the drug possession charges would likely be dismissed.

Depending on the circumstances of your case, you may also be eligible for drug court. Drug court's primary goal is to rehabilitate people who have become dependent on the use of drugs.

Orlando Possession Attorney — Call Toll-Free 866-680-4LAW

To discuss your case with Orlando drug crimes defense attorney N. Ryan LaBar, call 866-680-4LAW or fill out the online form located at the top of this page and we will contact you shortly. We respond to after-hours messages promptly. Evening or weekend appointments are available on request.

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