Home About Me Criminal Defense DUI Defense Resources and LawsInvocation of Rights Card Blog Videos Contact

Possession of Heroin in Florida

Heroin has been surpassed by many other illegal narcotics in terms of popularity. However, it is still illegal to possess any amount of heroin, even residue

And because of the serious consequences for such a simple crime, it is important to know the:

• Penalties for Heroin Possession and
• Defenses to Heroin Possession.

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

Finally, if you are adjudicated guilty, your Florida driver's license will be suspended for two years if you are adjudicated guilty by the court.

Defenses to Heroin Possession

There are two primary defenses that are raised in a heroin possession case:

• Illegal Search and Seizure or
• Insufficient Evidence.

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 heroin possession case in one of two ways:

1. Actual Possession
2. Constructive Possession

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:

1. Knowledge of the heroin's presence;
2. Knowledge the substance was heroin; and
3. 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.

---

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

Free Invocation of Rights Cards
Know Your Rights!

---

William S. Foley, P.A.
Divorce and Family Law

---