Caught with Xanax

Written by:Julian Stroleny PortraitJulian Stroleny

A Schedule IV drug in the state of Florida, being caught with any amount of Xanax – even just one pill – is considered a third degree felony. As such, the consequences for being found in possession of Xanax are costly and detrimental.

Consequences for Xanax Possession

Because Xanax possession is considered a third degree felony offense in the state of Florida, the consequences for being caught with it can be severe. If you are found guilty, your punishment could include up to:

  • Five years in prison
  • Five years of probation
  • A $5,000 fine

Assigned as a Level 3 offense under the state of Florida’s Criminal Punishment Code, a judge could sentence anyone who has been convicted with the possession of Xanax to probation; however, he or she also has the option to impose a lengthy sentence that goes up to the statutory maximum.

Additionally, any person who is convicted possession of Xanax will have lose their driving privileges for two years by the Florida DHSMV.

A Miami Criminal Lawyer Can Help

If you have been found in possession of Xanax, contacting a criminal lawyer in Miami is highly advised. A criminal defense lawyer in Miami will assess your case and defend you to the fullest extent of the law. Possible defenses for your case may include:

  • You were not aware that the Xanax was in your possession; someone may have put it on your person without your knowledge
  • You had a viable prescription for Xanax
  • The search and seizure that lead to the finding of the Xanax being your possession was illegal
  • Constructive possession; the drug was found in a place where more than one person had access to it
  • An overdose defense; you took the Xanax off of someone who was involved in a drug-related overdose and required medical assistance
  • Temporary possession; you were in the possession of the drug for a momentary or temporary period of time

No matter what the circumstances were that lead to you being found in possession of Xanax, seeking the legal assistance of a Miami criminal lawyer is in your best interest. With the help of an experienced lawyer, your penalties could be minimized, the charges could be dropped, or your case could be acquitted. The sooner you contact an attorney, the better. Not only will an attorney help you deal with the legal ramifications, but will also help to ease your stress during this difficult time.


Request a Free Case Evaluation

Fill out the form below and we will respond to you shortly.

The materials on this web site are intended for informational purposes only. The materials on this Web site are not intended to be, nor should they be interpreted as, legal advice or opinion. The reader should not consider this information to be an invitation to an attorney client relationship, should not rely on information presented here for any purpose, and should always seek the legal advice of counsel in the appropriate jurisdiction. Transmission and receipt of the information in this site and/or communication with the Firm via e-mail is not intended to solicit or create, and does not create, an attorney-client relationship between the Firm and any person or entity.