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In most cases, a person charged with a drug offence is aware of the seriousness of the repercussions of a possible conviction and will seek legal counsel. Additionally, under the United States Constitution’s Sixth Amendment, criminal defendants have the right to be represented by counsel. However, in some cases, a person accused of a drug violation will renounce that right and choose to go to trial without representation. A court must conduct certain investigations to determine that a renunciation of Sixth Amendment rights is voluntary and knowing; otherwise, it may be unlawful.

In a recent Florida judgment, the rules for considering a criminal defendant’s request to proceed without an attorney were explained. The defendant was charged with narcotics conspiracy charges. If you’ve been charged with a drug offense, it’s a good idea to talk to an experienced Florida criminal defense lawyer about your options.

The Trial of the Defendant

The defendant was accused of conspiring to possess narcotics with the goal to distribute them, as well as possessing narcotics with the intent to distribute and other drug charges, according to reports. He claimed that he would proceed to trial without the assistance of counsel, and he was found guilty as charged. He subsequently filed an appeal on many grounds, including that his waiver of his right to counsel was not voluntary or knowing. Upon reconsideration, the court dismissed his argument and upheld his conviction. Continue Reading ›

Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence. 

Did you know that you can be charged with and convicted of drug possession even if a controlled substance is never actually discovered in your hands or on your person? 

It is called “constructive possession”—and it occurs when someone maintains control over a banned substance without having it within their physical grasp. 

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