Drug Charge Defense in Fort Lauderdale
- Possession of a controlled substance is a felony
- 20 grams or less of cannabis is a misdemeanor
- Trafficking carries mandatory minimum terms
- Drug Court completion leads to dismissal
Fla. Stat. 893.13(6), 893.135 and 948.08(6).
Under Florida law, possessing a controlled substance without a valid prescription is a third-degree felony. The exception in the same statute is possession of 20 grams or less of cannabis, which is a first-degree misdemeanor (Fla. Stat. 893.13(6)).
Drug trafficking
Trafficking charges carry mandatory minimum prison terms that rise with the amount of the drug (Fla. Stat. 893.135). Selling, delivering, or possessing with intent to sell or deliver are separate felonies (Fla. Stat. 893.13(1)). In addition, when one is adjudicated guilty of a drug offense, even possession of cannabis as a misdemeanor brings a suspension of your Florida driver's license for 6 months, or until you are evaluated and complete any drug treatment the evaluator requires (s. 322.055, Florida Statutes).
Drug Court
Drug Court offers treatment in place of punishment. For an eligible person charged with a nonviolent felony who is admitted to a pretrial treatment program, the court dismisses the charges once the program is successfully completed (Fla. Stat. 948.08(6)). A dismissed case may then be eligible for sealing or expunging.
Challenging the evidence
For those not eligible for Drug Court, how the evidence was obtained is typically the first question. A motion to suppress asks the court to exclude evidence gathered in violation of the defendant's rights.
What to do right now
Say nothing about the case. Not to the police, and not to anyone else, before you talk with a lawyer.
Sign nothing. No statement or document about the case before you talk with a lawyer.
Call, 24 hours a day. 954-524-2877
The Fifth and Sixth Amendments to the U.S. Constitution provide a right to remain silent and a right to a lawyer.