Possession of drugs can be charged by the State Attorney as a felony or a misdemeanor in Florida. How this possession is charged ultimately depends on the type and amount of drugs. For example, simple possession of a small amount of marijuana is usually charged as a misdemeanor. In addition to the possibility of jail time fines and court costs, simple marijuana possession will result in the suspension of your driver’s license for a year. Possessing large amounts or selling drugs will almost certainly result in your charge being filed as a felony.
Major Felony Drug Cases
People accused of possessing large amounts of drugs, cultivating or manufacturing drugs, or selling drugs are not generally eligible for the approved diversion programs. Mr. Swiatek has had some significant success recommending to the Court that these offenders be placed in alternative facilities. In the most serious cases, the prosecution will be asking the Court to sentence you to prison. While past performance is not a guarantee that your case will qualify for an alternative to prison, Glenn Swiatek has successfully placed his clients into such alternative facilities.
Glenn Swiatek will always look behind the charges and check for legal motions that may be brought to have your charges dismissed. Even if you were caught in possession of drugs, the circumstances leading to that charge may not have been legal. For example, did the police have probable cause to search you, your car or your home? If not, Glenn Swiatek may be able to have the judge throw out this illegally obtained evidence leading to a dismissal of charges.
In many other drug cases there is a major issue as to who had “control” or “ownership” of the drugs found. Even if you were found in a vehicle with drugs the prosecution must prove that you had “dominion and control” over the drugs and knew that the “nature of the substance” found in the automobile was that of illegal narcotics.