Cohen Law P.A.

Lakeland Drug Possession Criminal Defense Attorney

Experienced Lakeland Criminal Defense Lawyer, Lee A. Cohen, offers legal services for Drug Possession Crimes in Lakeland, Polk County, and Central FL.

Call Attorney, Lee A. Cohen 863.646.7636

If you are charged with drug possession of marijuana, cocaine, methamphetamine or any other illegal drug in the state of Florida, you want to make sure that you are not adjudicated of the offense. If convicted of drug possession, then you will have a driver’s license suspension. You want in attorney that will properly investigate the case and make sure that you don’t have a license suspension.

The prosecutor must prove three main elements to obtain a drug possession conviction:

Additionally, if you’re convicted of any drug offense in the state of Florida you’ll have a one-year revocation of your driver’s license, which is something that you definitely do not want to have added to your situation.

I have represented many clients in relation to a variety of drugs including: Cocaine; Crack; Ecstasy; Marijuana / Pot; Meth / Methamphetamine; Oxycodone; OxyContin; Prescription Drugs; Xanax.

Protect your rights by seeking the legal advice and representation of an experienced Drug Possession Criminal Defense Lawyer.

Contact Lee A. Cohen at 863.646.7636 for your Drug Possession Criminal Defense legal needs in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.


Miranda Rights
By Attorney, Lee Cohen

A Legal Success Story
of Attorney, Lee Cohen



ATTORNEY, LEE A. COHEN
BIOGRAPHY

Attorney, Lee A. Cohen

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation. 

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BOARD CERTIFIED IN
CRIMINAL TRIAL LAW

Board Cetrified Criminal Trial Lawyer

I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.


CONTACT US › › ›



ATTORNEY, LEE A. COHEN
BIOGRAPHY

Attorney, Lee A. Cohen

Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.

LEE A. COHEN'S BIOGRAPHY › › ›



BOARD CERTIFIED IN
CRIMINAL TRIAL LAW

Board Cetrified Criminal Trial Lawyer

I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.


CONTACT COHEN LAW, P.A. › › ›


What are the penalties for drug possession in Florida?

The penalties for drug possession in Florida vary depending on the type and amount of the drug involved. According to Florida law, illegal possession of most schedule I, II, III, and IV drugs is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000. However, possession of more than 10 grams of a schedule I drug, such as heroin or LSD, is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000. Possession of less than 20 grams of a schedule V drug, such as some cough syrups, is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. These penalties may be enhanced or reduced depending on the circumstances of the case and the defendant's criminal history.


How does Florida classify controlled substances relating to Drug Possession Criminal Charges?

Florida divides controlled substances into five schedules, from I to V, based on their medical uses and potential for abuse. Schedule I drugs have no accepted medical uses and a high risk of addiction, while schedule V drugs have low potential for abuse and are often available by prescription. Possession of a controlled substance without a prescription is a criminal offense that can result in felony or misdemeanor charges, depending on the type and amount of the drug. The penalties for possession of a controlled substance in Florida can include prison time, fines, driver's license suspension, and mandatory drug treatment. Therefore, anyone facing drug possession charges in Florida should seek legal advice from a qualified criminal defense attorney as soon as possible.


What is the difference between actual and constructive possession in Florida?

The difference between actual and constructive possession in Florida is based on the degree of control and knowledge that a person has over an illegal substance or item.

Actual possession means that the person has physical or digital custody of the contraband, such as holding it in their hands or storing it on their device.

Constructive possession means that the person does not have direct contact with the contraband, but they are aware of its presence, location and illegality, and they have the ability to access it or control it through another person.

For example, drugs found in a shared vehicle or locker could be considered constructive possession if the person knew they were there and could reach them. Constructive possession is harder to prove than actual possession, and it may be challenged on constitutional or factual grounds.


What are the defenses to drug possession charges in Florida?

If you are facing drug possession charges in Florida, you may have some legal defenses available to contest the allegations. Some of the common defenses are:

These defenses potentially may help you avoid or reduce the penalties for drug possession, which can include prison time, fines, license suspension, and mandatory drug treatment. You should consult with an experienced criminal defense attorney to determine the best strategy for your case.


Can I get a pretrial intervention program for drug possession in Florida?

A pretrial intervention program is a type of diversion program that allows eligible defendants to avoid a criminal conviction by completing certain conditions. In Florida, drug possession charges may qualify for a pretrial intervention program if the defendant meets the criteria set by the state attorney and the court. Some of these criteria include having no prior felony convictions, being a first-time or non-violent offender, and being willing to undergo drug treatment and counseling. If the defendant successfully completes the program, the charges will be dismissed. However, if the defendant fails to comply with the program requirements, the case will proceed to trial and the defendant will face the original penalties.


Can I get my drug possession charge expunged or sealed in Florida?

The eligibility of drug possession convictions to be expunged or sealed in Florida depends on several factors, such as the type and amount of the drug, the outcome of the case, and the criminal history of the person. Generally, **drug trafficking and manufacturing convictions are not eligible** for expungement or sealing. However, **low-level misdemeanor drug offense convictions**, such as possessing or selling 20 grams or less of cannabis, **may be eligible** for expungement or sealing if the person meets certain criteria . For example, the person must not have any prior convictions or expungements, must have completed any probation or diversion program, and must not have any pending charges. To apply for expungement or sealing, the person must obtain a certificate of eligibility from the Florida Department of Law Enforcement (FDLE) and file a petition with the court.


What is the difference between drug possession and drug trafficking in Florida?

The difference between drug possession and drug trafficking in Florida depends on the type, quantity, and intent of the person involved with the controlled substances. Drug possession is the crime of willfully having a small amount of illegal drugs, such as cocaine, heroin, or marijuana, without the intent to sell or distribute them. Drug trafficking is the crime of producing, distributing, or selling large amounts of controlled substances, regardless of the person's knowledge or intent. The penalties for drug trafficking are much more severe than those for drug possession and include mandatory minimum prison terms and hefty fines. The punishments vary according to the specific drug and its weight. Therefore, it is essential to consult a qualified criminal defense attorney if you are facing any drug-related charges in Florida.


How does drug possession affect my driver's license in Florida?

Drug possession is a serious offense in Florida that can affect your driver's license. According to Florida Statute §322.055, if you are 18 years or older and convicted of drug possession, the court will direct the department to revoke your driver license or driving privilege for one year or until you complete a state-approved drug treatment program . This applies to any controlled substance, including prescription drugs that you do not have a valid prescription for. If you need your driver's license for work or business purposes, you may be eligible to apply for a restricted license after six months of revocation or suspension.


Do I need a lawyer for a drug possession charge in Florida?

If you are facing a drug possession charge in Florida, you may be wondering if you need a lawyer to defend you. It is highly advised that you do hire an experienced criminal defense attorney to represent you. Drug possession is a serious offense that can carry harsh penalties, such as fines, jail time, probation, and a criminal record. A lawyer can help you understand your rights, explore your options, and fight for the best possible outcome in your case. A lawyer can also challenge the evidence against you, negotiate a plea deal, or represent you at trial if necessary.


Contact Lakeland Criminal Defense Lawyer, Lee A. Cohen today at 863.646.7636




Cohen Law, P.A.

5430 Strickland Avenue, Lakeland, FL 33812

Phone: 863.646.7636Fax: 863.648.0983




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COHEN LAW, P.A.

Attorney, Lee A. Cohen | 863.646.7636