Drug Possession Defense Fort Myers

Marijuana, Cocaine, Controlled Substance, Paraphernalia, Delivery, and Trafficking

Possession
Law enforcement officers typically find drugs in a car with multiple passengers. If the drugs are under a seat, on the floorboard, or in the center console and no one claims responsibility for the drugs, the officer will arrest all the occupants of the vehicle. However, this type of case has many defenses. The prosecution must prove that you were either in actual possession of the drugs or in constructive possession of the drugs.

Actual Possession
If the drugs were found on your person or you had immediate control over the drugs you are in actual possession. In this situation with the car, you are not in actual possession and could not be convicted under this theory.

Constructive Possession
The prosecution can also state that you were in constructive possession of drugs if 1) you knew that the drugs were present and 2) you had the ability to control the drugs. In this situation, if you do not tell the officer that you know about any drugs or if you cant get to the drugs then you have a valid defense.

License Suspension for Drug Conviction
If you are convicted of a drug charge, the Department of Motor Vehicles will suspend your license for 2 years. This can have serious consequences on your work and life. It is imperative to contact our office today to discuss your drug case.