Illegal Drug Charges
Bail Bonds for Misdemeanor and Felony Drug Charges in Lake County, Florida.
Drug possession bail bonds in Lake County FL range from $1,000 bond for misdemeanor possession of cannabis under 20 grams, up to a $50,000 bond for trafficking in a controlled substance.
Possession is an offense by someone who did not manufacture, distribute, or sell the controlled substance.
Instead, the defendant likely held the controlled substance for personal use. Possession of most controlled substances specified by Florida state laws may be charged as a third degree felony. Florida legislatures also recently added bath sales and spice to the list of banned substances.
State law allows a first degree misdemeanor charge for simple possession of cannabis — marijuana — in an amount less than twenty grams.
Possession of controlled substance bond is usually set at $1000 for misdemeanor and $2-5,000 for a felony.
Contact Altman Bail Bonds to discuss posting bail for Drug Possession, Trafficking, Possession with Intent to Deliver, Drug Paraphernalia, or Possession of Controlled Substance.
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Elements of drug possession
To establish the elements of drug possession, a Florida state prosecutor must show:
- The illegal nature of the controlled substance: The prosecutor must present evidence that the seized material is a controlled substance as defined by Florida law. This element generally requires scientific analysis by a crime lab.
- The defendant’s knowledge of the drug: The prosecutor must show that the defendant actually knew or should have known about the illicit nature of the controlled substance and its presence.
- The defendant’s control of the drug: The prosecutor must prove that the defendant had control over the location and presence of the controlled substance. A prosecutor likely has a more straightforward case if the defendant had the drugs on the defendant’s body or in a container held by the defendant. However, the prosecutor can also establish the defendant’s control by describing the location where the drugs were found and showing that the defendant controlled the premises.
Possession with intent to sell
Possession with intent to sell includes, all legal elements of simple possession, but also requires proof of the defendant’s intent to sell or distribute the drugs. The specific charge depends on the type of controlled substance involved in the crime. For example, a state prosecutor may bring a third degree felony charge for marijuana possession with intent to sell. In contrast, possession of cocaine with intent to sell may be charged as a second degree felony.
Some controlled substances with medicinal qualities, such as prescription drugs, may qualify for misdemeanor charges.
Florida state laws also requires an increased sentence if the defendant has a violent criminal history with prior felony convictions; the state refers to these defendants as “career criminals” and “habitual felony offenders.” While the court cannot require an enhanced sentence when the current conviction is for drug possession, a felony conviction in the current case could affect future sentencing if the defendant faces additional charges.
Florida Statutes Section 893.13