Drug Crimes Defense Attorney, South Florida

Florida Drug Laws, The Full Picture

Florida's drug statutes, primarily found in Chapter 893, cover a wide range of offenses from simple possession to large-scale trafficking. The penalties depend on the controlled substance, the quantity involved, your prior record, and where the offense occurred. Drug-free zones near schools or parks can double the penalties.

Simple possession of marijuana under 20 grams is a first-degree misdemeanor. Possession of cocaine, heroin, methamphetamine, fentanyl, or prescription drugs without a valid prescription is a third-degree felony. Trafficking charges begin at specific threshold weights and carry mandatory minimum prison sentences that judges cannot waive.

The Search That Started It All

The most productive defense in drug cases almost always comes down to the search. The Fourth Amendment prohibits unreasonable searches and seizures. If police searched your car, home, or person without proper legal authority, the evidence they found may be suppressed, and without that evidence, the State typically has no case.

Robert examines whether the traffic stop was valid, whether any consent to search was truly voluntary, whether a warrant was obtained and properly issued, and whether the "plain view" doctrine was properly applied. Police routinely push the limits of their authority. Robert pushes back.

Constructive Possession

Not every drug case involves drugs found directly on your person. Prosecutors frequently charge "constructive possession", arguing you had knowledge of and control over drugs found in a shared space like a car or apartment. The State must prove both elements beyond a reasonable doubt. When multiple people have access to the same space, that burden becomes significantly harder to meet.

Trafficking Charges and Mandatory Minimums

Florida's trafficking statutes impose mandatory prison terms based purely on weight. Trafficking in cocaine over 28 grams carries a three-year mandatory minimum. Over 200 grams, it is seven years. At 400 grams, fifteen years. These minimums apply regardless of whether you are a first offender and regardless of what a judge might otherwise think is fair.

Fighting trafficking charges often means challenging the weight measurement, the chain of custody of the substance, and the lab analysis. It may also mean negotiating cooperation arrangements or exploring safety valve provisions that can reduce or eliminate mandatory minimums in appropriate cases.

Drug Court and Diversion Options

Broward County has robust drug diversion and drug court programs, particularly for first-time offenders facing possession charges. Successful completion leads to dismissed charges and a clean record. Robert evaluates every eligible case for diversion, because avoiding a conviction entirely is always the first goal.

Frequently Asked Questions