In Florida, possession of any amount of heroin may leave you facing felony charges. Possession of less than four (4) grams of heroin is a third-degree felony offense as this is a Schedule I controlled substance, meaning it has no accepted medical use and a high potential for abuse. At Adams, Luka, & Benton, our Orlando drug crimes defense attorneys work vigorously to protect the legal rights and freedom of those accused of drug offenses. Prosecutors must prove specific elements of any criminal offense for a defendant to be found guilty; we fight aggressively to protect every client's freedom and future.
Under Florida Statute 893.13(6)(a) anyone who is in actual or constructive possession of heroin commits a felony. This essentially means that those who are found with the controlled substance but who do not have a valid prescription may face criminal charges. Navigating the criminal justice system on your own is not advised, as it is a complex and complicated system that frequently leaves those who act as their own legal counsel facing serious and life-changing consequences.
Actual vs. Constructive Possession of HeroinThere are two types of possession charges, actual and constructive. What does this mean?
Actual possession is the most common and occurs when law enforcement officers find heroin somewhere within your reach such as a purse or handbag, wallet, hands, or pocket.
Constructive possession differs in that the substance does not have to be found within your immediate reach, but in a location you are believed to have control of or easy access to. For example, there may be heroin in the glove compartment of your vehicle, however it does not mean you were in possession of the heroin if a friend put it there without your knowledge. This type of possession is more difficult for the state to prove beyond a reasonable doubt.
Penalties for Heroin Possession in FloridaThe penalties an individual may face if convicted of possession of heroin depend on the amount of the substance involved and other factors. If you are found guilty of possessing under 10 grams, penalties may include:
If convicted of heroin possession involving more than 10 grams, you may face a maximum of 30 years in prison. Other punishment may include driver's license suspension or suspension of a professional license issued by the state of Florida. Those found guilty of a drug crime will have a criminal record that may affect current and future employment, securing housing, and other aspects of your life.
Common Defenses to Possession of Heroin ChargesEvery person who is charged with a drug offense is innocent until proven guilty beyond a reasonable doubt. If charged with heroin possession, there are several defense strategies that may prove effective depending on the specific facts of your case. Some of the most common include:
Police are often over-zealous in their efforts to make an arrest in a drug case. They may perform an illegal search and seizure, or even violate your Miranda or 4th Amendment rights. The evidence against you may be weak, in which case it may be possible to have charges dismissed. In some cases a person who is charged with possession of heroin had no idea the substance in their possession actually was an illegal substance. If one or more people other than you had access to the location where the heroin was found, constructive possession may be an effective defense. The chances of positive results and a good outcome greatly increase when you have a skilled and capable drug crimes attorney on your side.
Contact Adams, Luka, & Benton NowWhen you face criminal charges, you have many questions. It is without a doubt one of the most stressful, frightening times in your life. Is your freedom in jeopardy, and what does the future hold? At Adams, Luka, & Benton we vigorously defend those accused of possession of heroin in Orlando and surrounding areas of Florida. Our top priority is protecting your freedom and having charges dismissed or reduced when possible. Should your case go to trial, we are not intimidated by prosecutors and will fight to the end to secure an acquittal. Contact us today for a free consultation now.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.