Florida drug charges
Drug offenses in Florida range from a misdemeanor to a 1st-degree felony. The illegal substance and its weight determine the charge, and the right strategy depends on the strength of the State's case.
Defending your drug charge
- 01
Demand the evidence
I file a Written Plea of Not Guilty and Demand for Discovery to obtain everything the State intends to use: police reports, body-cam video, search warrants, and lab results.
- 02
Lock in the witnesses
I speak with witnesses and note their statements, so any change in testimony at trial becomes an inconsistency we can expose.
- 03
Choose the battlefield
Once the facts are known, we explore every defense, weigh pretrial motions, and discuss whether drug court and treatment would serve you better than a fight.
Drug court, or fight the charge
Drug court (Drug Pretrial Intervention) is rehabilitative. It is intended to help non-violent drug users avoid prosecution and get sober. You must admit you have a drug problem and want treatment, and you waive your right to defend the charges. The benefit is powerful: complete the program and your charges are dismissed, which makes your record eligible for sealing or expungement.
The county and circuit courts are punitive. If the case against you is weak and you want to fight it with a Motion to Suppress or other pretrial motions, this is where your case belongs. If your motions are granted, your case may be dismissed and you will be free to go. But understand the fork in the road: if you defend the charge, you will not be eligible for drug court.
Who is eligible for drug court
You are 18 or older, and this is your first application for drug court.
You are charged with possession, not possession with intent to sell or deliver.
You have no prior felony conviction.
You admit to having a drug problem and want treatment.
As part of drug court you will waive your right to a speedy trial. Your treatment plan will likely include group or personal counseling, regular urinalysis, AA or NA meetings, and possibly residential treatment followed by sober living.
Drug court is not an easy way out. It is hard work, and it can erase the charge.
What failure costs
Missing court dates, dirty urinalysis results, or ignoring parts of your treatment plan can get you removed from the program, and you could face jail time or any other sanction the court finds appropriate. If we choose drug court, we go in committed.
Related reading
Let's talk about your case.
813.438.6869Let me draw on more than thirty years of trial experience to build the strongest possible case. Call or email to schedule a consultation.