Fort Lauderdale, FL Drug Possession Defense Lawyer

Attorney for Charges of Possession of Controlled Substances in Fort Lauderdale, Florida

An arrest for drug possession can lead to serious consequences that may affect multiple areas of your life. Even a first-time offense can lead to a criminal record, jail time, and difficulties finding employment or securing housing. For immigrants to the United States, drug possession convictions could lead to deportation or other immigration problems. Cases involving drug possession charges are often aggressively prosecuted, but with the right legal representation, it may be possible to avoid a conviction, reduce the charges, or achieve a resolution that will minimize the long-term consequences that you may face.

The lawyer at The Hoffman Firm defends people in Fort Lauderdale who have been accused of drug possession. We provide effective legal representation, focusing on protecting our clients' rights and helping them resolve these cases favorably. We will work to secure the best possible outcome in your case.

Drug Possession Laws in Florida

Under Florida law, it is a crime to possess any controlled substance without a valid prescription. Controlled substances are classified into schedules based on their accepted medical uses and their potential for abuse. Schedule I substances are considered to be the most dangerous drugs, but criminal charges may still apply when a person is accused of possessing other types of substances.

Common controlled substances that could lead to drug possession charges include:

• Heroin
• Cocaine
• Methamphetamine
• Fentanyl
• MDMA (Ecstasy or Molly)
• Prescription drugs such as oxycodone, hydrocodone, Xanax, or Adderall (when possessed without a prescription)
• Marijuana

The severity of the charges will usually depend on the type of substance that a person allegedly possessed and the amounts that were found during investigations or searches by law enforcement. Prior convictions for drug crimes and aggravating factors such as the possession of weapons or an offense that allegedly took place near a school can lead to enhanced penalties.

Penalties for Drug Possession

In general, possession of a controlled substance is a third-degree felony in Florida. A conviction for a third-degree felony can result in a prison sentence lasting for up to five years. However, possession of more than 10 grams of Schedule I or Schedule II controlled substances could lead to first-degree felony charges. The potential prison sentence in these cases may be as high as 30 years.

While marijuana is considered an illegal controlled substance in Florida, possession of small amounts of this drug may result in less serious charges than possession of other types of controlled substances. Possession of 20 grams or less of cannabis is a first-degree misdemeanor, and a conviction may lead to a sentence of up to one year in jail.

Defense Strategies for Drug Possession Charges

At The Hoffman Firm, our lawyer will conduct a thorough review of each case to identify the potential legal defenses that may help a person avoid a conviction for drug possession. He can identify the defense strategies that are most likely to be successful, including:

• Unlawful Search or Seizure: Under the Fourth Amendment, police officers must follow strict procedures when conducting searches. If police conducted a search without a warrant or otherwise violated a person's rights during an investigation, the evidence may be excluded from the case. This may be a valid defense in cases involving searches of vehicles, homes, bags, or personal belongings.
• Lack of Knowledge or Control: To be convicted of drug possession, a person must have known about the drugs in question and had control over them. If drugs were found in a shared vehicle or borrowed property, our attorney may take steps to show that our client did not know the drugs were there. He can also help a person show that drugs found in a home belonged to someone else and that they were unaware that the law had been violated.
• Substance Was Not an Illegal Drug: Sometimes, a substance seized by law enforcement may not be a controlled substance. Our lawyer may request independent laboratory testing or challenge the reliability of the prosecution's evidence, working to ensure that a person will not be penalized for substances that were not illegal drugs.
• Chain of Custody Issues: In criminal cases, evidence must be handled correctly and preserved. If there are gaps in documentation or questions about how drugs were stored, the integrity of the evidence may be challenged.

Diversion Programs and Alternative Sentencing Options

People charged with drug possession will want to determine how they can avoid a criminal conviction and minimize the long-term consequences that they may face. There are several programs and sentencing alternatives that may help eligible defendants resolve their cases through treatment or rehabilitation rather than incarceration.

Some defendants may qualify for pretrial diversion because they are first-time offenders. They may be required to take drug education classes and perform community services, and the successful completion of probation will allow the charges against them to be dismissed.

Drug court may also be an option, and it will focus on treatment and rehabilitation for a person who has been diagnosed with a substance abuse disorder. Ongoing counseling and regular drug testing may be required, and drug possession charges may be dismissed upon the completion of the program.

Our attorney can help clients determine whether they are eligible for diversion programs. He will advocate for placement in treatment-based alternatives when appropriate, and he will work to ensure that a person will be able to resolve their case while avoiding the long-term consequences that may come with a criminal record.

Contact Our Fort Lauderdale Drug Possession Attorney

Legal representation can be crucial when addressing charges of drug possession. At The Hoffman Firm, our attorney can defend against these charges while protecting a person's rights and exploring the available options that may help to prevent a criminal conviction. Contact our Fort Lauderdale, FL drug possession lawyer at 954-524-4474 to set up a free consultation.