In Duval County, prosecutors can charge you even if the drugs weren't in your pocket.

Actual Possession: The illegal substance was physically on you (in your hand, pocket, or purse).

Constructive Possession: The drugs were found in a place you had control over—like your car's glove box or under your bed—and the state believes you knew they were there.

| Defense Tip: Constructive possession is often easier to challenge, especially if multiple people had access to the vehicle or home.

While small amounts of marijuana (under 20 grams) are typically a first-degree misdemeanor, possession of almost any other controlled substance—including Cocaine, Heroin, Methamphetamine, and many prescription pills without a script—is a third-degree felony. This carries a potential penalty of up to 5 years in prison and a $5,000 fine.

Yes. Duval County offers a Pretrial Intervention (PTI) program and a dedicated Drug Court. These programs focus on rehabilitation rather than punishment. If you are a first-time, non-violent offender and successfully complete the program requirements (which include drug testing and counseling), your charges may be completely dismissed.

In Florida, the "automobile exception" allows police to search your car without a warrant if they have probable cause (such as the smell of marijuana or seeing paraphernalia in plain view).

Do not physically resist the search.

Do clearly state: "I do not consent to this search."

Call a lawyer immediately after the encounter. If the search was illegal, we can file a "Motion to Suppress" to prevent that evidence from being used against you.

This is a significantly more serious charge than simple possession. Prosecutors look for "indicia of sale," such as:

Large amounts of cash.

The presence of scales or baggies.

The drugs being divided into separate containers. In Florida, this is typically a second-degree felony, punishable by up to 15 years in prison.

Yes. Under Florida law, a conviction for any drug offense—even one unrelated to driving—results in a mandatory 6-month to 1-year suspension of your driver’s license. This is why it is critical to seek a "Withhold of Adjudication" or a dismissal to protect your ability to work and commute.