Drug Possession
If you have been arrested and charged with possession of a controlled substance, or any drug offense in Florida for that matter, it is important that you speak with a seasoned and experienced Florida Drug Possession Attorney as soon as possible
Drug Possession
in Florida

Florida Divorce Lawyers are responsible in cases where children are involved to follow the child support guidelines determined by the State of Florida. This means that a Child Support worksheet must be filed with the courts along with a Family Law Financial Affidavit. Child support is highly regulated here in Florida so that the best interests of children are served. The courts look at the parent’s net income, child care costs in an area, health insurance costs, percentage of time spent with each parent, and other expenses before determining child support payments. In some instances, both parties will attempt to negotiate and resolve payments prior to going before the court for approval. The Florida divorce lawyers attempting to negotiate this type of settlement must have the approval of the courts to deviate from the state’s mandated child support guidelines.

Should you or your former partner wish to amend the child support worksheet, it is my job to assist in the fair negotiation of an alternative settlement.

But What Does It
Mean to Exercise
Control Over
Drugs?

In order to prove that you exercised control over drugs or controlled substances, the prosecutor must be able to show that you had actual possession of the drugs or that you constructively possessed them. Actual possession means that you know or are aware that the drugs are present, and the drugs are either on your person, such as in your pocket, in a container in your hand or somewhere on your person, or that the drugs are so close to you and within your reach that they are considered under your control.

Constructive possession is different from actual possession in that while you are still aware that the drugs are present, the drugs are not on your person but in a place that you control, and that you have the actual ability to control the drugs. The simple fact that drugs are found close to you is not necessarily enough to prove that you had constructive possession of the drugs, especially if you are in a place that you do not control, such as a friend’s car. However, it is important to note that even if you are riding in a friend’s car, and the car is stopped by a police officer who proceeds to find drugs in the glove box of your friend’s car, under Florida law, both you and your friend may be charged with possession of controlled substances, even though the drugs were not in your pocket or hand. Fortunately, constructive possession cases are not easy to prove, compared to actual possession cases, particularly because the prosecutor must be able to show that you had knowledge that the drugs were in the glove box and had the ability to access the drugs. But if the prosecutor can prove that you had constructive possession of the drugs, then you can be found guilty of possessing controlled substances even though you never actually possessed the drugs.

The Law Practice of Beryl Thompson-McClary, P.A. provides consultation and legal support for divorce and child custody cases in the Orlando area. If you are a husband or father who is in need of a fierce advocate during your divorce or custody case, call The Law Offices of Beryl Thompson-McClary P.A. at: (888) 640-2999