Defense Strategies for Meth Possession in Fort Myers

The Florida Department of Law Enforcement states that the Sunshine State is “steadily climbing toward the top” of jurisdictions with the highest rates of methamphetamine abuse in the country. Statistics show that over 12 million Americans have tried meth at least once, and this drug can be highly addictive. If you were caught with meth in Fort Myers, you might wonder about your legal options. How can you defend yourself against these charges?

Simple Possession vs. Possession With Intent to Sell

First, you should determine what kind of meth possession charge you face. If you were caught with less than 14 grams of meth, you may face “simple possession” charges. This is a third-degree felony in Florida with a maximum prison sentence of five years. You may also face an additional five years of probate and a $5,000 fine.

If you were caught with more than 14 grams of meth, the court may assume that you intended to sell the substance to other people. This can result in more serious felony charges, with longer prison sentences and more severe fines. With higher quantities, you may also face mandatory minimum sentences.

Generally speaking, it is easier to present yourself as a victim of addiction if you face simple possession charges. This defense is much more difficult to utilize if the authorities establish that you intended to sell the substances to other people. In the eyes of the court, a dealer is a contributor to the drug problem and not a victim of it. Note that with over 14 grams, the court may assume you were a dealer even if you were consuming the drugs yourself.

Diversionary Programs for Simple Meth Possession in Florida

First-time offenders who face simple possession charges may be eligible for drug diversion programs. These programs allow defendants to avoid incarceration, receive treatment for substance abuse, and “get a second chance.” Note that this involves mandatory drug treatment and drug testing. If you fail to get clean, your suspended sentence might go back into effect with no more second chances.

If you decide to fight your charges, your lawyer may be able to help you utilize various defense strategies. Some strategies involve questioning the constitutionality of your traffic stop or search. You might also question the chain of custody of your drug evidence. Some defense strategies revolve around lab analysis of the meth. This may allow you to prove that the quantity of pure meth in your possession was under 14 grams. Meth is often mixed or “cut” with lawful substances.

Can a Fort Myers Drug Possession Lawyer Help Me? 

A Fort Myers drug possession lawyer may be able to help you strive for positive outcomes. While methamphetamine possession can be a serious offense, you may be able to avoid severe penalties if you highlight your struggles with substance abuse. Diversionary programs could be the answer, especially if you’re serious about getting clean. Your lawyer may also help you fight your charges if necessary. Discuss your options in more detail with The Foley & Wilson Law Firm.

Sources:

 fdle.state.fl.us/getContentAsset/88e656a0-76f4-4080-8f1f-2c0fa7fc03ac/73aabf56-e6e5-4330-95a3-5f2a270a1d2b/Labelle-randy-paper.pdf?language=en

flsenate.gov/laws/statutes/2012/893.13