Possession of Heroin in Florida
It is a Third Degree Felony to possess any amount of heroin in Florida, even a bag or a spoon containing residue.
And because of the serious consequences for such a simple crime, it is important to know the:
Penalties for Heroin Possession
If convicted of felony possession of heroin, you could receive any combination of the following penalties:
- Five years of probation,
- Five years in prison, or
- A fine of up to a $5,000.
Driver's License Suspension
Also, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court for Possession of Heroin.
Defenses to Heroin Possession
There are two primary defenses that are raised in a possession of heroin case:
Argue Illegal Search and Seizure
More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search.
If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.
Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.
Insufficient Evidence
The prosecutor can only prove a Possession of Heroin case in one of two ways:
Actual Possession
To prove that you actually possessed heroin, the prosecutor has to show the heroin was found on your person. So if the heroin was found in your pocket, the prosecutor would have a case involving actual possession of heroin.
Constructive Possession
On the other hand, if the heroin was found in a place where more than one person had access, the prosecutor would have a much more difficult time proving you possessed the heroin because they would have to comply with the law of constructive possession.
The law of constructive possession requires the prosecutor to prove each of three distinct elements before you can be convicted:
- Knowledge of the heroin's presence;
- Knowledge the substance was heroin; and
- Dominion and control over the heroin.
Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.
Scenario 1: You were stopped while driving a friend's car and police found heroin in the glove box, they would be unable to convict you of the possession unless they had some proof that you knew the heroin was there.
Scenario 2: You were stopped while driving a friend's car and police found a small baggy with heroin residue on the floor board, but in plain view. They would be unable to convict you of possession unless they had some proof that you knew the baggy contained heroin.
Scenario 3: You were driving your car, had a friend with you, and your friend takes a container with heroin in it and places it in the passenger side storage pocket. The police then stop you, see your friend's container, and arrest both of you. They should be unable to convict you of possession of heroin because even though you knew the heroin was there, your friend is the only person who had dominion and control over it.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been charged or arrested with the crime of Possession of Heroin in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
