Drug Possession Lawyer In Okaloosa County
Drug Crime Defense in Fort Walton Beach, Destin, and Crestview, Florida; and serving Okaloosa, Walton, and Santa Rosa Counties
If you or a loved one has been arrested for any type of related Drug Crime, such as possession of marijuana,or a drug charge for cocaine possession in Okaloosa, Walton, or Santa Rosa County, it is imperative that you speak with a criminal defense attorney that has experience helping clients fight their drug arrest.
Do not delay. You may have legal defenses that beat your drug charge. Failing to act may be the biggest regret of your life, because the penalties for possession are steep.
I specialize in specific defenses that are available for drug cases. For instance, you may have a Motion to Suppress issue, that once litigated in court, could mean that any and all evidence against you would be suppressed and excluded. And if the evidence is excluded, the State prosecutor cannot proceed and would be forced to dismiss your case.
In addition, you may have defenses that a Motion to Dismiss, once filed, could lead to the charges being dropped completely. But only a skilled, knowledgeable criminal defense attorney will have the tools and wisdom to know how to fight for your individual case. Each case will be different, but having handled hundreds, if not thousands of related drug cases, I have learned to spot the factual and legal issues that may lead to a favorable result.
MOTIONS TO SUPPRESS EVIDENCE AFTER DRUG ARREST
The Constitution of the United States protects individuals from unreasonable searches and seizures. But sometimes law enforcement will make mistakes (on purpose or not) and illegally search you or your belongings, your home or vehicle. Sadly, this happens more often than most people think, but as you may already know, police sometimes get too focused on the result – a drug arrest – that they forget about proper police procedures and the constitutional rights of the suspects they are investigating, detaining, searching, and arresting. When this happens, the proper recourse is to file a Motion to Suppress all evidence that was obtained because of an illegal search and/or seizure. And if the court grants that Motion, your case would likely be dismissed.
Sometimes, as a criminal defense attorney, people think I am only working technicalities to help my clients get away with something. I tell those people that they are wrong because at the end of the day, my job is not only to protect my clients, but to protect everyone against the overreach of the police and government which is what the Constitutional is all about.
MOTIONS TO DISMISS DRUG CHARGE
Another common issue that presents itself in many drug cases is the concept of actual and constructive possession. In cases of actual possession of drugs, drug contraband, or drug paraphernalia, the police are asserting that the person arrested is the person who is actually possessing the drug related evidence.
Alternatively, in constructive possession cases, it is more difficult for the police to prove that the person arrested had the requisite knowledge, dominion, or control over the drug related evidence if they are not actually carrying drugs on their person. So it begs the question, to what extent can they prove, beyond a reasonable doubt, that a certain individual person illegally possessed those drugs? The answer: It is very difficult and prosecutors hate constructive possession cases.
Like the term implies, the police literally have to “construct” using circumstantial evidence to establish that the defendant is the person in constructive possession of the drugs, drug contraband, or drug paraphernalia. And if there is insufficient admissible evidence to prove constructive possession, your attorney should not hesitate to file a Motion to Dismiss that could win your case.
TYPES OF DRUG CASES THIS DRUG POSSESSION LAWYER CAN ASSIST WITH
All of these defenses mentioned above apply to any type of Drug Related Criminal Case. And in my practice, I have seen it all, every type of Controlled or Illegal Substance charge, from simple possession to the most serious drug sales, cultivation, or trafficking crimes including:
- Marijuana or Cannabis (Pot, Weed)
- Cocaine or Crack Cocaine
- Amphetamines and Methamphetamines (Adderall, Ritalin, Meth, Crystal Meth)
- Xanax and Benzodiazepines (Valium, Diazepam, Alprazolam, Klonopin, Ativan)
- Opiate Based Pain Killers (Hydrocodone, Hydomorphone, Dilaudid, Demeral, Morphine, Fentanyl Lortabs, Tylox, Codine, Roxicodone, Oxycontin, Oxycodone, Vicodin, Heroin)
- Mushrooms, LSD
- MDMA, Ecstasy (Molly)
ADDITIONAL CHARGES – Misdemeanor and Felony Drug Charge
This list includes crimes that are commonly charged with drug possession cases:
- Possession of a Controlled Substance
- Possession/Use of Drug Paraphernalia (Florida Statute 893.147(1)
- Cocaine Sale or Purchase
- Possession with Intent to Sale or Distribute
- Uttering a Prescription of a Controlled Substance – 831.311
- Obtaining a Controlled Substance by Fraud – 893.13(7)(a)(9)
- Sale, Manufacture, or Delivery of a Controlled Substance
- Falsifying or Forging a Drug Prescription
- Driving While Impaired by Drugs (DUI)
- Conspiracy
- Maintaining a Residence that promotes or facilitates Drugs, Drug Sales
TAKE CARE IN CHOOSING THE RIGHT LAWYERS FOR DRUG CHARGES
When you decide to consult with an attorney, choose one that specializes in criminal defense and specifically drug related crimes. Select a drug trafficking attorney or drug possession lawyer that has had success in litigation, presenting defenses and engaging in meaningful motion practice to get the best possible result on your drug charge.
I am available to answer your questions, so call me at (850) 362-6655. I practice in Okaloosa County, Walton County, and Santa Rosa County with offices in Destin and Fort Walton Beach and I have helped hundreds with their drug arrest. I have even helped full-time students keep their scholarships after an arrest on drug charges. If you need help with charges for possession of drugs, call me, and let me help with your drug charge.
For more information of Florida Laws regarding a drug charge, see the Florida Penal code outlining controlled substances that can lead to a drug charge.
If you or a family member needs assistance with a Drug charge, we can help. We help individuals and families in the communities of Fort Walton Beach, Destin, Sandestin, Santa Rosa Beach, Navarre, Niceville, Mary Esther, Crestview, Defuniak Springs and throughout Okaloosa County, Walton County, and Santa Rosa County.
Our Locations
Fort Walton Beach, FL.
Thomas Shawn Lupella P.A.
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547
Destin, FL.
Thomas Shawn Lupella P.A.
3997 Commons Drive West
Suite I
Destin, FL 32541
Crestview, FL.
Thomas Shawn Lupella P.A.
891 South Ferdon Boulevard
Crestview, FL 32536
DeFuniak Springs, FL.
Thomas Shawn Lupella P.A.
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433