It’s a phrase commonly heard during drug-related arrests: “But the drugs aren’t mine!” While it’s a natural defense to raise if you’ve been allegedly caught in possession of illegal substances, in Florida, the legal system doesn’t always make this reality easy to prove.
Florida law distinguishes between two types of drug possession: actual possession and constructive possession. To be charged with actual possession drugs must have been found on someone’s person, such as in a pocket or bag. Constructive possession, on the other hand, means the drugs were found in a place over which someone has control, like an individual’s car or home, even if they weren’t directly on the individual at issue.
This is where many people find themselves in trouble. For example, if you’re driving a car and drugs are found in the glove compartment, you may be charged with constructive possession—even if the drugs aren’t yours. The prosecution will argue that you had control over the area where the drugs were found, creating a presumption of possession.
Establishing a lack of knowledge or control
One of the most effective defenses against a possession charge in Florida is to argue that you did not know the drugs at issue were present. For a possession conviction, the prosecution must prove not only that you had control over the drugs but also that you knew of their presence.
If someone else placed the drugs in your car or home without your knowledge, or if you were simply in the wrong place at the wrong time, this defense could be key to fighting your charges. Alternatively, establishing a lack of control could be your best shot at avoiding a conviction. Evidence such as the location of the drugs, any statements made during the arrest, and witness testimony can all play a role in building this defense.
In Florida, drug possession charges are serious, but there are valid defenses that may be raised. If you have been charged with drug possession in the Sunshine State, you are certainly not alone. Seeking personalized legal guidance can help you to construct a defense strategy unique to your circumstances.
