Heroin Possession Lawyer
If you have been charged with heroin possession in Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your heroin possession charge dismissed or reduced.
Mandatory 1 Year Driver License Revocation
A conviction for heroin causes a mandatory 1 year driver license revocation. It does not matter if a car was involved in the incident that lead to the heroin possession charge, the one year driver license revocation will still be imposed as a result of the conviction. If you would like to know what can be done to avoid the 1 year driver license revocation call Chris at 407-740-8300 to discuss your heroin possession case.
Former Heroin Possession Prosecutor
As a former heroin possession prosecutor Chris has an understanding of what can be important to the prosecutor in your heroin possession 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 heroin possession case.
Heroin Possession Defense Lawyer Since 1999
Chris has been defending individuals charged with heroin possession since 1999. Being an heroin possession defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors that handle heroin possession cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your heroin possession case.
Different Heroin Possession Defense Lawyers Get Different Results
When you have been charged with heroin possession you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A heroin possession 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 Heroin Possession Charges
Heroin possession may be actual or constructive. Actual possession means the heroin is in the hand of or on the person, or the heroin is in a container in the hand of or on the person, or the heroin is so close as to be within ready reach and is under the control of the person. Mere proximity to a heroin is not sufficient to establish control over that heroin when the cocaine is not in a place over which the person has control. Constructive possession means the heroin is in a place over which the person has control, or in which the person has concealed it. If the heroin is in a place over which the person does not have control, in order to establish constructive possession the State must prove beyond and to the exclusion of every reasonable doubt the person’s control over the heroin, knowledge that the cocaine was within the person’s presence and knowledge of the illicit nature of the heroin.
Possession of heroin is considered a third-degree felony punishable by a maximum of 5 years in prison and/or 5 years probation and/or a $5,000 fine.
Heroin Possession With Intent To Sell Or Deliver
Unless legally authorized, it is unlawful for any person to possess with intent to sell, manufacture, or deliver, a controlled substance. Sell means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. Deliver or delivery means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. Controlled substance means any substance named or described in Schedules I-V of Florida Statute section 893.03. Heroin possession with intent to sell or deliver is considered a second-degree felony punishable by a maximum of 15 years in prison and/or 15 years probation and/or a $10,000 fine.
In order for the State of Florida to prove you committed a crime 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 heroin located?
- How many people had access to where the heroin was located?
- Did you purchase the heroin from an undercover law enforcement officer?
- Did you sell or deliver the heroin to an undercover law enforcement officer?
- Was the transaction recorded on audiotape and/or videotape?
- Did the officer field test the substance and determine it to be heroin?
The United States Constitution and the Florida Constitution both guarantee that people be free from unreasonable seizures and searches. An unlawful stop and/or seizure may cause evidence in your case to be inadmissible. An unlawful search in your case may cause evidence to be inadmissible. The United States Constitution and the Florida Constitution both also guarantee that people be free from self-incrimination. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you stopped and/or seized 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?
- Were you read your Miranda rights?
Heroin Possession Penalties
A conviction for heroin possession can result in many different penalties in addition to being a convicted felon. It is important for you to know what penalties you may be facing. Some of the penalties for a heroin possession conviction may include:
- Time in Jail or Prison
- Mandatory 1 year loss of your driving privileges
- Drug Counseling
- Random Drug Testing
- Community Service
- Cost of Investigation
- Cost of Prosecution
- Court Costs
*Program costs and fees subject to change without notice*
For More Information On Chris S. Boatright, P.A. Click Below: