In Florida, drug possession charges are serious criminal offenses. The Orlando marijuana possession attorneys of Moses and Rooth Attorneys at Law, understand what a conviction for marijuana possession could cost you. A marijuana conviction could cost you your driver’s license, jail, thousands of dollars, and countless career opportunities.
If you are facing pot possession charges, contact Moses and Rooth Attorneys at Law. With a wealth of criminal law experience and a commitment to our clients, we will do everything we can to help you. Whether we negotiate a plea bargain or fight fiercely for you in the criminal justice courts, we will help you through this challenging time. We will assist you through the legal process by evaluating the details of your case, litigating the legal issues, negotiating with the prosecutor, and preparing you for the trial.
Our top-rated Orlando criminal defense lawyers have the skills and experience needed to protect your rights. Nothing beats experience and focus. We have spent our entire careers focused on criminal law. We are former prosecutors and skilled trial lawyers. We understand drug defense from the inside out. If you or your family member was charged with marijuana possession, call us today for free legal assistance.
Meet your Orlando marijuana possession lawyers
Andrew Moses & Jay R. Rooth
A marijuana possession charge can affect your record, license, job opportunities, and freedom. Meet the criminal defense attorneys who can review the stop, search, possession evidence, and whether the state can prove knowledge and control.
Actual possessionWhen marijuana is allegedly found on your person, such as in a pocket, hand, or bag connected directly to you.
Constructive possessionWhen marijuana is found nearby, such as in a vehicle, glove box, room, or shared space.
Knowledge and controlThe state may need to prove you knew about the marijuana and had control over it.
Search issuesTraffic stops, vehicle searches, home searches, and Miranda issues can affect what evidence is allowed in court.
Criminal defense attorneyState and federal criminal defense, including drug cases.
Andrew Moses
Co-founder · Criminal Defense Lawyer
Andrew Moses has dedicated his career to criminal law. Before private practice, he worked with the State Attorney’s Office in Orange and Osceola Counties, giving him insight into how prosecutors evaluate drug cases.
✓Handles state and federal criminal cases, including DUI, drug cases, sex crimes, and white-collar matters.
✓Can review cases before arrest or prosecution when early intervention may help.
✓Reviews search, seizure, possession, and rights issues that can shape a marijuana defense.
Former prosecutorExperience on both sides of Florida criminal cases.
Jay R. Rooth
Co-founder · Former Assistant State Attorney
Jay R. Rooth served as an assistant state attorney in the Ninth Judicial Circuit for Orange and Osceola Counties before founding Moses & Rooth. His practice includes drug crimes, DUI/DWI, traffic violations, theft, domestic violence, and other criminal defense matters.
✓Former prosecutor with more than 15 years of Central Florida criminal defense experience.
✓Focused on pretrial litigation, negotiation, case preparation, and trial strategy.
✓Can challenge whether the state has enough evidence to prove possession, knowledge, and control.
Speak with Moses & Rooth about the stop, search, amount, possession theory, license risk, plea options, and possible defense strategy before your case moves forward.
Marijuana Possession in Florida: Frequently Asked Question (FAQs)
What Qualifies as Marijuana Possession in Florida?
One of the key issues in many marijuana cases in Florida is determining what actually counts as ‘possession’. In cases where the defendant is caught with marijuana in their hands or in their pockets, they have ‘actual’ possession of the drug. While there may be many other issues involved in this type of case, there may not be much dispute over the element ‘possession’.
However, under Florida state law, prosecutors can also charge defendants with a marijuana possession offense even if they only have so-called ‘constructive’ possession of the drug. What is constructive possession? It occurs when marijuana is found near a person, but not actually on a person. A common example is marijuana that is found in the glove box of a motor vehicle. Ultimately, Florida law requires prosecutors to prove the following three things to get a conviction in a marijuana possession case:
The defendant knew about the presence of the marijuana;
The defendant exercised ‘control’ over the marijuana; and
The substance in question can be proven to have actually been marijuana.
My Rights Were Violated: What Can I Do?
All criminal defendants have extremely important constitutional rights. If your rights were violated, the evidence obtained by law enforcement may not be allowed into the courtroom. In some cases, the charges against you may need to be dismissed entirely. You, your person, your vehicle, and your home should not have been searched unless the police had probable cause or a judicial search warrant. You also should have been read your Miranda rights during the arrest. If you believe that your rights were violated in any way, you need to contact an experienced Orlando drug charges defense lawyer immediately. Your lawyer will be able to review the conduct of law enforcement and prosecutors and will determine what action needs to be taken next to protect your rights and get you justice.
What are the Penalties for Pot Possession in Orlando?
Marijuana possession of 20 grams or more is a felony that can result in up to five years of incarceration, a $5,000 fine and driver’s license suspension. Even a small amount of marijuana, under 20 grams, is a misdemeanor that can result in a $1,000 fine and a year of incarceration or probation, and it also may result in a driver’s license suspension.
How to Defend Against Marijuana Possession Charges?
The appropriate defense in a marijuana possession case will depend entirely on the specific circumstances of your arrest. In some cases, charges should be fought aggressively. In other cases, legal action needs to be taken to combat police violations of a defendant’s rights. In still other cases, the best option is to focus on reducing punishment.We understand the way the prosecutors approach Florida pot possession cases, and we have experience finding legal issues regarding traffic stops, searches, seizures, interrogations, arrests and other police interactions with suspects.
Should I Negotiate a Plea Agreement?
It may be in your best interests to work on a plea agreement. In many marijuana possession cases, a plea can get a defendant the best results. That being said, you should not plead guilty without first speaking to an experienced attorney. Because of our experience as former prosecutors, we understand how to negotiate with the prosecuting attorneys effectively for our clients. If you are facing pot possession charges, contact Moses and Rooth Attorneys at Law. With a wealth of criminal law experience and a commitment to our clients, we will do everything we can to help you. Whether we negotiate a plea bargain or fight fiercely for you in the criminal justice courts, we will help you through this challenging time. We will assist you through the legal process by evaluating the details of your case, litigating the legal issues, negotiating with the prosecutor, and preparing you for the trial.
Contact Our Marijuana Possession Lawyers Now
At Moses & Rooth, our top-rated Orlando drug charges defense lawyers have extensive experience handling marijuana possession cases. If you or a loved one is facing drug possession charges in Orange County, FL, please do not hesitate to contact our Orlando office today at (407) 377-0150 for a free, fully private review of your legal case.
