Drug charges cover a wide range, from simple possession of a small amount up to trafficking counts that carry mandatory minimum sentences. The weight involved, the type of substance, and where the alleged offense happened can each change the exposure dramatically.
The search is usually the whole case
Police need a lawful basis to stop you, to search you, to search your car, or to enter your home. If that basis was missing or was weaker than the report suggests, the evidence found may be suppressed, and without the evidence the case often cannot go forward. We read the reports closely and ask for body camera and dash camera footage in every case, because what an officer wrote and what the video shows are not always the same thing.
Possession is not as simple as it sounds
The state does not only have to show that drugs existed. It has to connect them to you. When something is found in a shared car, a shared apartment, or a bag that several people had access to, the question becomes whether you knew about it and had control over it. That is called constructive possession, and it is frequently contested with success.
Intent to sell and trafficking
- Intent is usually argued from packaging, scales, cash, and messages rather than from any direct evidence of a sale.
- Trafficking in Florida is often based on weight alone, which means a person with no history of selling anything can face a mandatory minimum.
- The weight that counts can include filler and packaging in some situations, so the lab analysis is worth challenging.
Alternatives to a conviction
Depending on your history and the charge, drug court, a diversion program, or treatment-based resolutions may be available, and several of these end without a conviction on your record. These options are not right for everyone, and they carry conditions that are easy to violate, so they should be entered with a clear understanding of what you are agreeing to.
If you are not a United States citizen
Drug offenses carry some of the harshest immigration consequences in the law, and even a plea that avoids jail can create serious immigration problems. We handle both immigration and criminal defense, so these are considered together from the start.