Orlando Illegal Possession Of Alcohol Defense Lawyer

If you have been charged with any type of illegal possession of alcohol in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your illegal possession of alcohol charge dismissed or reduced.  One way to get your illegal possession of alcohol charge dismissed is by completing a Pre-Trial Diversion program.  Not every illegal possession of alcohol case is eligible for a Pre-Trial Diversion program.  

Driver License Suspension

A conviction for illegal possession of alcohol can cause your driver license to be suspended.  It does not matter if a car was involved in the incident that lead to the illegal possession of alcohol charge, the driver license suspension can still be imposed as a result of the conviction.  If you would like to know what can be done to avoid the your driver license being suspended call Chris at 407-740-8300 to discuss your Orlando illegal possession of alcohol. 

Former Illegal Possession Of Alcohol Prosecutor

As a former illegal possession of alcohol prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando illegal possession of alcohol case.  It is important to understand how the other side works.  Chris uses this understanding to determine what needs to be done to get the best possible outcome in your illegal possession of alcohol case.  

Orlando Illegal Possession Of Alcohol Defense Lawyer Since 1999

Chris has been defending individuals in Orlando charged with illegal possession of alcohol since 1999.  Being an Orlando illegal possession of alcohol lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle illegal possession of alcohol cases like yours.  Experience dealing with those judges and prosecutors is important in achieving the best results in your illegal possession of alcohol case.  

Different Orlando Illegal Possession Of Alcohol Defense Lawyers Get Different Results

When you have been charged with illegal possession of alcohol in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you.  A illegal possession of alcohol conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer.  The better prepared you are for your court appearance the more likely it is you will get a favorable outcome.  The best results possible are rarely obtained by just hoping for them.  Get the help you need at Chris S. Boatright, P.A. to get the best results possible.  

Information About Orlando Illegal Possession Of Alcohol Charges

First Offense

A first offense is a second degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine in addition to a driver license or driving privelege revocation of not less than 6 months and not more than 1 year. 

Second Or Subsequent Offense

A second or subsequent offense is a first degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year probation and/or a $1,000 fine in addition to a driver license or driving privelege revocation of 2 years.

Possession

Possession may be actual or constructive.  Actual possession means the alcohol is in the hand of or on the person, or the alcohol is in a container in the hand of or on the person, or the alcohol is so close as to be within ready reach and is under the control of the person.  Mere proximity to the alcohol is not sufficient to establish control over that alcohol when the alcohol is not in a place over which the person has control.  Constructive possession means the alcohol is in a place over which the person has control, or in which the person has concealed it.  If the alcohol is in a place over which the person does not have control, in order to establish constructive possession the State must prove the person’s control over the alcohol, knowledge that the alcohol was within the person’s presence and knowledge of the illicit nature of the alcohol.

Evidence

In order for the State of Florida to prove you committed the crime of illegal possession of alcohol, the State need’s evidence.  Normally, the law enforcement officer’s report contains a statement of the evidence against you.  However, there may be other evidence in your case which the law enforcement officer failed to document in the report.  It is essential for you and your attorney to review all of the evidence in your case before preparing your defense.  Some important questions are:

  • Where was the alcohol located?
  • How many people had access to where the alcohol was located?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination.  In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer.  It is important for you to know if your privilege against self-incrimination was violated.  If your privilege against self-incrimination was violated evidence in your case may be inadmissible.  Some important questions to consider are:

  • Were you stopped for a lawful reason?
  • Did the police officer have the right to search your person, property or vehicle?
  • Did you consent to a search of your person, property or vehicle?

Defenses

1. Unlawful Seizure

2. Constructive Possession

3. Temporary Possession

4. Non-Alcoholic Beverage

“Alcoholic beverages” means distilled spirits and all beverages containing one-half of 1 percent or more alcohol by volume.  The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though said remainder ingredients were distilled water.

5. Lack of Knowledge

6. Failure to preserve alcoholic beverage evidence

Orange County Pretrial Diversion Program For Illegal Possession of Alcohol Charges

This is a deferred prosecution program for selected misdemeanor charges and for selected individuals.  This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections.  Successful completion of the Orange County Misdemeanor Pretrial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.

Eligibility

  1. You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
  2. You must be a legal resident of the United States.
  3. You must have no more than one prior misdemeanor conviction.
  4. Your charge(s) must have no more than $1,000 in restitution.
  5. You must be approved by the Office of the State Attorney.

Program Details 

  1. Program length is 6 months
  2. Program cost is $300
  3. Program intake fee is an additional $20
  4. Program drug testing fee is an additional $17
  5. Program phone reporting fee is an additional $6-$7 per month
  6. Program Office of the State Attorney fee is an additional $100
  7. You must perform a minimum of 40 hours of alternative community work service
  8. Obtain a substance abuse evaluation and complete any recommended treatment
  9. Random observed urine screens
  10. Charge specific special conditions
  11. You are responsible for any additional costs for classes and evaluations

Orlando Illegal Possession of Alcohol Penalties

A conviction for illegal possession of alcohol can result in many different penalties.  It is important for you to know what penalties you may be facing.  Some of the penalties for an illegal possession of alcohol conviction may include:

  • Time in Jail
  • Driver License Suspension 
  • Probation
  • Community Service
  • Counseling and/or Classes
  • Fines and/or Court Costs
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