DUI Defense
Two cases start at once: the criminal charge, and an administrative action against the driver license that runs on a far shorter clock.
Read more →Fla. Stat. ch. 893 · Drug abuse prevention and control
Florida drug penalties are driven by weight and substance, and trafficking thresholds carry mandatory minimum sentences that a judge has almost no discretion to reduce.
Florida sorts controlled substances into schedules and grades offenses by the substance, the quantity, and the alleged conduct: possession, possession with intent, sale, or trafficking. Small-quantity possession of cannabis is a misdemeanor; most other simple possession is a third-degree felony; and once weight crosses a trafficking threshold, the exposure changes entirely.
Trafficking in Florida does not require any evidence of selling or moving drugs. It is a weight-based charge. Possessing enough of a substance is sufficient, and conviction carries a mandatory minimum prison term and a substantial fine that the court cannot go below except in narrow circumstances.
Charges are also enhanced for alleged offenses within 1,000 feet of a school, park, church, public housing, or similar location, which in a city the size of Tallahassee covers a great deal of ground.
Drug prosecutions rest heavily on how the evidence was obtained, which makes them fertile ground for suppression motions.
Depending on the charge and your record, options may include pretrial diversion, drug court, or a withhold of adjudication that avoids a formal conviction. For someone whose underlying issue is addiction rather than trafficking, a treatment-based resolution is frequently both the better outcome and the more realistic one.
A drug conviction reaches well beyond the sentence. It affects employment, professional licensure, student financial aid, housing, and immigration status. Those collateral consequences are often what matters most to a client, and they should be part of the strategy from the first meeting, not an afterthought at sentencing.
Questions we hear every week
It can be a strong one. Where drugs are found in a place you do not exclusively control, the State must prove you knew they were there and had the ability to exercise control over them. Constructive possession cases are among the most defensible drug charges.
Weight alone. If the quantity meets the statutory threshold for that substance, trafficking can be charged with no evidence of any sale or transport, and mandatory minimum prison terms attach on conviction.
Often, depending on the charge and your history. Pretrial diversion, drug court, and a withhold of adjudication are all possibilities that can keep a formal conviction off your record.
Medical marijuana is legal with a valid Florida card and must be kept in its original dispensary packaging. Possession outside that framework remains a criminal offense, and hemp-versus-cannabis testing questions have added real complexity to these cases.
Sometimes. Eligibility depends on the offense and on whether adjudication was withheld. Sealing eligibility should factor into how a case is resolved, because a plea that seems convenient today may permanently foreclose it.
Two cases start at once: the criminal charge, and an administrative action against the driver license that runs on a far shorter clock.
Read more →Theft, fraud, and workplace allegations that threaten your record and your ability to be employed.
Read more →Assault and battery through serious felonies, including Stand Your Ground immunity and firearm enhancements.
Read more →The first consultation is free. Call and talk directly with an attorney who has handled these cases in the Second Judicial Circuit of Florida for 23 years.