Officers stopped a driver for traveling 5 mph over the posted speed limit. Officers searched the vehicle and found prescription drugs not designated for those medications. Officers arrested the driver for possession of a controlled substance, possession of paraphernalia, and possession of new legend drug.
Possession of Controlled Substances
Possession of controlled substances in Florida will result in a felony. Even if the controlled substance was not yours, the state will hold you liable for the actual possession of the substance. With the third-degree felony charge, you will face a fine of up to $5,000, up to five years of jail time, and probation of five years.
More consequences will follow from this after you have completed the required jail and probation time. Not only will you have to list that you have been convicted of a felony on any job application, but you will also need to list it for financial aid applications as well. Additionally, employers have every right to not hire you because of your criminal record. It may also be hard for you to find a home to rent or buy, to obtain loans, or even to get or maintain a professional license in many fields.
Possession of New Legend Drug
A new legend drug is a drug that has been approved by the Food and Drug Administration (FDA). These drugs can be dispensed by a doctor or pharmacy to only those individuals that have a valid prescription. Legend drugs are commonly just referred to as a prescription drugs.
FSS 499.03(1) states that this is known as unlawful possession of controlled medications: “A person may not possess, or possess with intent to sell, dispense, or deliver, any habit-forming, toxic, harmful, or new drug or legend drug unless the possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug.”
Florida’s Own Musca Law Firm
If you or a loved one has been charged with drug-related crimes, it is imperative that you hire a legal representative. Our lawyers at Musca Law Firm can assist you in this manner. We have well over 150 years of combined legal experience at our firm. Our attorneys believe in fighting for fairness and will always go the extra mile for you. Your attorney will review your case thoroughly, in order to make sure that you were stopped lawfully and that there was no violation on the part of the authorities or court process. We always make sure that proper protocol was used by the law enforcement officer who handled your arrest, in order to confirm that none of your Constitutional Rights were violated. Please call us at (888) 484-5057 any hour of the day or night to schedule a free initial appointment with one of our experienced criminal defense attorneys. We have offices across Florida in order to serve valued clients across the entire state who are in need of our services.
RESULT: The Client requested representation prior to the State filing charges against him. The Musca Law Defense Attorney convinced the State not to prosecute on two of the four charges. Prior to the arraignment, the Attorney produced documentation of the Client possessing a valid prescription for the medication. The State DROPPED the remaining charges prior to Court.