I was not behind the wheel and had a bottle with several unknown to me pills in it in my hand. I found them laying next to my friends truck that was parked beside the road i was riding in. I didn't try to hide them. I just handed them over. Im pretty sure they were not narcotics but not positive.
It means just what it says. If you have prescription drugs that were issued to someone else, or that you bought on the street, you are in illegal possession of a controlled substance.
The charge is something less than possession of a scheduled controlled substance. If the drugs were "narcotics", such as Xanax, OxyContin, Clonazepam, Valium, you would have been charged with a more serious offense. Possession of a prescription not in its proper container may be a misdemeanor under Florida Law.
Regardless, you need a lawyer.
I hope I've been helpful and Good Luck.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
Florida Statute 893.13(6)(a) makes it unlawful for anyone to possess any controlled substance unless it was lawfully obtained from a medical practitioner pursuant to a valid prescription or order of the medical practitioner in the course of their professional practice.
Being ion possession of an Rx med without an Rx is a 3rd degree felony punishable by up to 5 years in prison and a $5,000 fine.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Many times when law enforcement finds drugs in possession of someone that does not have a Px they will charge anyone in the vicinity of the drugs and then let the state attorney sort it out. You need to contact a local criminal defense attorney to assist you with your case.
The above information does not constitute legal advice, and is intended only as general information. You should speak with an attorney to discuss your individual case, as not all facts are known at this time. This message is provided by Don Dennis, Esq., Jones Gaglio & Dennis, P.A.
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