Law enforcement officers can arrest you in different ways for possession or use of controlled substances. Not all of them require you to have the drugs on your person, and you may not even have known that there were drugs in the vicinity. In some cases, such as drug trafficking, officers can arrest and charge you entirely because of the quantity of the drug, even without any intent on your part.
This state has some of the strictest drug laws in the country. If you need legal representation for narcotics charges, our aggressive drug attorneys here at Jonathan Jay Kirschner Esq., & Associates understand the state drug laws and what they mean for drug arrests in Fort Pierce.
The state defines possession as exercising control over the narcotic that the officers in Fort Pierce arrested you for. In this context, control means you knew the substance was present and had the ability to remove or use it.
Legally, there are two types of possession. Actual possession means you physically control the substance. Constructive possession means the substance is in an area under your control, such as your home, car, or room.
A law enforcement officer must show that you knew, or reasonably could have known, about the substance. Typically, the arresting officer witnesses you with it or finds it during a search of you or your property.
The proximity of the substance to you strengthens the state’s claim that you exercised control over it. For example, a friend’s backpack in the trunk of your car is less under your control than your wallet. “Mere” proximity to the controlled substance, however, will not be sufficient evidence to convict you. If your case goes to trial, the jury will hear those identical words directly from the Trial Judge.
Distribution involves transferring any quantity of narcotics to another person, with or without payment. Distribution for sale in Fort Pierce is a more serious controlled substance charge than sharing marijuana with a friend, but both are felonies. Officers establish intent to transfer by observing an exchange or finding items that indicate packaging for sale.
Trafficking arrests depend on the weight of the narcotic. Officers do not need to prove intent to sell or provide evidence of sales. To make a valid trafficking arrest, law enforcement must show that the controlled substance meets or exceeds the minimum weight required and that the substance matches what officers believed it to be. Whether officers charge you with trafficking or distribution depends on the evidence they collect.
Officers often make trafficking arrests after a controlled buy or during another interdiction effort. The distinction between distribution and trafficking depends on what the state claims you intended to do, so having a skilled legal team support you could help protect your rights.
The differences between arrests for possession, distribution, and trafficking depend on careful interpretations of the law. If you need help with those interpretations, call our attorneys at JJK/LLC. We have extensive experience developing legal defenses and identifying the distinctions between drug arrests in Fort Pierce.
Our legal team could review your case and identify ways to challenge evidence, demonstrate a lack of intent, or otherwise weaken the state’s allegations. We could also negotiate with the prosecution and courts to pursue favorable resolutions such as diversion, probation, or a plea agreement. Contact us today for a free case review and consultation.
