Defending Against Fort Pierce Drug Charges

Although social opinions and even state laws regarding marijuana and other narcotics have loosened somewhat, drug possession is still a serious crime in Florida. Recreational marijuana is illegal, and the state legislature recently increased penalties for opioid possession and trafficking.

If you have been arrested on a drug possession charge, you need immediate legal assistance. Defending against Fort Pierce drug charges is not something you should handle alone. Contact an experienced drug attorney at JJK/LLC to protect your legal rights.

What Are Legal Defenses to Drug Charges?

The nature of a drug charge depends on both the substance involved and the circumstances surrounding the arrest. For example, possession of less than 20 grams of marijuana is typically a misdemeanor. However, if law enforcement believes you intended to sell even a very small amount—sometimes as little as half a gram—that charge may be enhanced to a third-degree felony. Any amount of cannabis over 20 grams is automatically treated as a felony. Likewise, possession of less than four grams of fentanyl is a felony offense, and possessing more than four grams generally triggers a trafficking charge, which carries significantly harsher penalties.

If you face drug allegations in Fort Pierce, you need a skilled attorney who can challenge the arrest and present a strong defense. Possible defenses include:

• Challenging the search: If officers find drugs during a search of you, your car, or your residence, they must have probable cause to conduct that search. Without a legitimate reason, the court must exclude anything they recover.
• Lack of warrant: If officers search with a warrant, it must comply with Fourth Amendment requirements and specify what they may search for and where they may look.
• Proof of possession: For a possession charge, prosecutors must prove that you had knowledge, custody, and control of the drugs. If you did not have actual possession, your attorney may show that you were unaware of their presence.
• Lack of intent: In most cases, distribution or trafficking charges require proof that you intended to sell the narcotics. When the quantity is small, an attorney could argue that the drugs were for personal use.

These arguments require a legal team with strong knowledge of state drug laws and the court system. You should not attempt to handle your defense alone.

Alternative Plea Agreements

If you have a clean criminal history, your Fort Pierce attorney could request alternative sentences from the court to defend you against narcotics charges. Plea bargaining may be available to first-time offenders and others, depending on the nature of the charges.

Non-violent offenders may qualify for diversion programs that place them on probation or community control. They may need to complete drug treatment, perform community service, and pay fines and court costs. If they satisfy all requirements of the diversion program, the court may drop the charges.

Drug courts may allow offenders to remain out of jail or prison while they undergo drug treatment and regular drug testing. If they fail a drug test, the court may impose the sentence.

Contact a Fort Pierce Defense Lawyer for Help With Drug Allegations

When you face allegations of drug possession, you need strong legal representation dedicated to defending your rights. The attorneys at JJK/LLC have extensive experience defending against Fort Pierce drug charges and could help you pursue a favorable resolution.

Contact our offices today for a free consultation.