In Florida, drug possession is a serious crime. It can be charged as a misdemeanor or a felony, and the conviction penalties at either level are steep. If you're found guilty, the court may have you incarcerated and/or fined. Additionally, your conviction will show up on your criminal record, which means even after you've done the time, you'll feel the effects of it for years. Hiring managers, landlords, schools, and others may conduct a background check on you, and they might base their final decision on your past mistakes. To seek to avoid the life-altering consequences of a drug possession conviction, challenge the allegations with the help of a seasoned lawyer.

Together, our Daytona Beach drug possession attorneys have over four decades of combined experience and know what it takes to fight your charge. At Hager & Schwartz, P.A., we genuinely care about those we serve and how their cases resolve, and we will handle your matter with compassion and understanding. We have taken on cases of various complexity and have gone up against tough opponents, but we never back down, and we aggressively defend the accused from beginning to end.

Schedule your free initial consultation by calling our Daytona drug possession lawyers at (386) 693-1637 or contacting us online.


You are innocent until proven guilty. That means, if you've been charged with drug possession, it's not your duty to prove your innocence. Instead, the burden rests on the prosecutor to prove beyond a reasonable doubt that you committed the alleged offense.

In your drug possession case, to meet their burden, the prosecution must demonstrate that:

  • You had a controlled substance in your possession
  • The substance is illegal
  • You knew that the substance was on or near you
  • You had control over the substance

Having control over a substance means that a person had the drug on them, near them, or in a separate location. If the drug wasn't actually in your possession, the prosecutor must provide additional evidence showing that you had the ability to exercise control of the drug.

As former state prosecutors, our Daytona drug possession attorneys know the tactics the other side uses to prove drug possession cases. Leveraging our unique insight, we can develop defense strategies crafted to anticipate the prosecution's moves. When you hire Hager & Schwartz, P.A., you can be confident that you will have a team on your side who knows what they're doing.


In Florida, certain drugs are controlled and regulated by the government. Because each substance produces different effects, some more severe than others, they are classified into five schedules based on their addictiveness, their accepted medical use (if any), and their likelihood of causing physical or psychological dependency.

Because some controlled substances are considered more harmful than others, the punishments for drug possession differ – mostly depending on the schedule the drug is in.

The potential conviction penalties for drug possession are as follows:

Schedule V drugs:

  • Second-degree misdemeanor
    • Up to 60 days in jail, and/or
    • A fine of up to $500

20 grams or less of cannabis:

  • First-degree misdemeanor
    • Up to 1 year in jail, and/or
    • A fine of up to $1,000

More than 10 grams of certain Schedule I or II drugs:

  • First-degree felony
    • Up to 30 years in prison, and/or
    • A fine of up to $10,000

Substances other than those listed above

  • Third-degree felony
    • Up to 5 years in prison, and/or
    • A fine of up to $5,000


The following are some of the most common defenses that may apply to your drug possession case:

  • Unwitting possession – One of the most common legal defenses defendants is that the drug simply did not belong to them. While you may have a hard time convincing the police if they found the narcotics in your pocket, you may be more successful if you had no idea that you were in the vicinity of drugs, which is known as “unwitting possession.” For example, if you borrow a friend’s car that contains drugs, and you are unaware of the drugs in the vehicle, then you cannot be legally charged with drug possession if you are later found with them.

  • Lack of possession – Another similar type of defense is “lack of possession,” which is typically used when it is difficult to prove the “dominion and control” element – having the ability and intent to carry drugs – for constructive possession. For instance, if you are in a car with three other people or if your roommate was not home at the time of a search and the police find drugs, it is difficult to accuse only one individual of drug possession. In these cases, law enforcement authorities must establish dominion and control to prove constructive possession. If the police cannot prove who the drugs belong to, then your case may be dismissed.

  • Police misconduct – The Fourth Amendment protects people from illegal searches and seizures by law enforcement officials. In order to perform a search, an officer must either have your consent, a valid warrant, or probable cause before doing so. If the police fail to take any of these steps before gathering evidence, any evidence obtained at the scene would be inadmissible in court, which will like result in the complete dismissal of your case. Other examples of police misconduct include entrapment and planting drugs.


If you've been accused of drug possession in Daytona Beach, get skilled defense on your side right away. When you retain our services, our Daytona drug possession lawyers will meticulously review every detail of your case to fight your charge.

Learn more about how our Daytona drug possession attorneys can help by calling Hager & Schwartz, P.A. at (386) 693-1637 or submitting an online contact form.

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