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Tampa Criminal Lawyer > Blog > Criminal > Have You Been Charged With Xanax Possession In Tampa?

Have You Been Charged With Xanax Possession In Tampa?

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You may think it is perfectly fine to have Xanax in your possession since it is legal when it is prescribed by a doctor and you can get it at the pharmacy. However, Xanax is a Schedule IV controlled substance, which means that the only way to get it legally is from a doctor. More so, you can face charges for having legally prescribed Xanax outside of its prescription bottle.

What are the Penalties for Xanax Possession in Florida?

If you have been charged with Xanax possession in Florida, you are facing serious potential consequences. Xanax possession is a third-degree felony and can get you a prison sentence of up to 5 years with an additional 5 years probation. You can also face up to a $5,000 fine on top of that. The good news is that just because you were charged does not mean that you will be convicted. Hiring an experienced Tampa criminal defense attorney can be the difference between spending 5 years in prison and having a clean criminal record.

How Can a Lawyer Help with Xanax Possession Charges?

After being released on charges of Xanax possession, your first call should be to a criminal defense lawyer. While you may want to roll the dice, the odds are never in the defendant’s favor in the court system, and a felony is nothing to take lightly. A Tampa criminal defense attorney can review the facts and circumstances of your case to determine the best path forward. In some cases, it may be possible for your lawyer to get the charges against you dropped due to a lack of usable evidence or because your constitutional rights were violated. This may be the case if the Xanax was found due to an illegal search or seizure. In other situations, your lawyer may be able to negotiate a plea agreement with the prosecution that allows you to plead guilty or no contest to a less serious offense, such as a misdemeanor. This would mitigate the impact of the charges on your record. If your case proceeds to court, your lawyer will assert the best possible defense in your case in order to secure a not-guilty verdict.

Defenses to Xanax Possession

The best defense to use will depend on the specifics of your case and on whether the police charged you with actual or constructive possession. If you were charged with constructive possession, this means that the Xanax was found in your vicinity (such as in the living room portion of a shared home or the glove box of a vehicle with multiple people in it). In these cases, the strongest defense is generally that the Xanax was not actually yours. On the other hand, if you are charged with actual possession your defense may be that you have a prescription, that you were illegally searched, or that you were unaware of the Xanax.

The Faulkner Law Group can Help

If you are facing charges for Xanax possession, it is important to take these charges seriously and consult with an experienced Tampa criminal defense attorney as soon as possible. Contact the Faulkner Law Group today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html

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