If you’ve been charged with drug possession in Florida, you’re probably wondering how to get drug possession charges dropped. The bad news is that getting drug charges dropped isn’t easy.
The good news is that a skilled Florida drug possession defense attorney can explore a variety of defense arguments and possibly build a winning one for your case.
A conviction for drug possession can have serious penalties and a long-term impact on your life. If you’re willing to fight to have your drug possession charges dropped, the right lawyer may be able to help, which requires calling a Florida criminal defense attorney immediately and waiting for your attorney to arrive before answering police questions.
If you’ve been arrested for drug possession in Florida, your formal charges are probably “possession of a controlled substance.” Florida law classifies many different drugs as controlled substances. The U.S. Drug Enforcement Administration (DEA) further classifies these substances into five schedules.
Possession of a Schedule I drug is regarded as the most severe type of drug possession. This schedule includes substances like heroin that have no established medical use and can lead to death or serious harm.
Possession of a Schedule V drug is the least serious type of charge. These are substances like Robitussin that have a limited potential for abuse and contain a limited amount of narcotics.
Florida law has harsh penalties for drug convictions. With the exception of marijuana, illegal possession of any controlled substance is a felony in Florida. The type of felony, the accompanying fines, and the prison sentencing time depend heavily on the schedule category of the drugs found in your possession.
Possible penalties for a Florida drug possession charge are:
A conviction can also be accompanied by additional penalties, including:
Florida law treats marijuana possession more leniently. Possession of under 20 grams of marijuana is a first-degree misdemeanor, while possession of 20 grams or more is a third-degree felony. Having a valid medical marijuana card from the Medical Marijuana Registry (MMR) is an exception to criminal possession of marijuana in Florida so long as the marijuana is carried and used in accordance with MMR guidelines.
The amount of a drug found in your possession directly impacts the type of charges you face. Florida law defines a quantity threshold for each controlled substance. If you’re found in possession of amounts over a certain quantity, you can be charged with drug trafficking rather than drug possession.
If you’re asking, “Can drug possession charges be dropped?” The short answer is yes. Drug possession charges are often dropped, and you might be surprised to learn how many different defense arguments can achieve this goal.
Working with an experienced drug possession defense lawyer is essential in getting your charges dropped. Once a lawyer takes on your case, they’ll identify which defense argument will work best considering the circumstances of your arrest and the evidence against you.
Looking at some of the most common drug possession defense arguments can help you get an idea of how a lawyer can build a successful defense.
A defense argument based on lack of possession aims to prove that the drugs were not yours. Disproving possession means disproving a drug possession charge.
To prove lack of possession, it’s important for your lawyer to carefully investigate the prosecution’s evidence, looking for mistakes in police procedure and other oversights that could help successfully build a lack of possession argument.
For example, suppose that you were giving a friend a ride, and they hid the substances in your vehicle when you were pulled over by police. If the police found the drugs and your friend failed to claim ownership, they might arrest you for drug possession since you were the owner of the vehicle. In such a case, your lawyer might focus on proving that the substance didn’t belong to you.
Unlawful search and seizure occurs when law enforcement violates the Fourth Amendment. Police officers must have probable cause before pulling you over while driving. Similarly, they must obtain a warrant based on probable cause before searching your home vehicle.
These protections have exceptions, such as a crime being committed in plain view.
However, if the police searched your home, car, or person without probable cause or a warrant and you were then charged with drug possession, your lawyer may be able to build an argument showing that you were the victim of an unlawful search and seizure.
If your lawyer can prove unlawful search and seizure, any evidence obtained by the police, including the drugs in question, can’t be used as evidence in your case.
Successfully proving unlawful search and seizure often means the prosecution is left with little to no evidence against you, in which case the charges will be dismissed due to lack of evidence.
The lack of intent defense is similar to the lack of possession argument. However, in lack of intent cases, you admit that drugs were in your possession but that you had no knowledge of them and had no intent of committing the crime of drug possession.
For example, suppose that a friend left a backpack containing drugs at your house and later asked you to meet somewhere and return it. If you did not know there were drugs in the backpack and were arrested while on your way to return it, your lawyer might try to build an argument based on lack of intent.
Entrapment is a common defense argument in drug possession cases, especially cases involving undercover police officers and sting operations. Entrapment refers to a law enforcement officer coercing you to do something you normally wouldn’t do.
Suppose that you were out at a bar and you were approached by an undercover officer who urged you to buy some cocaine. Once you did, they arrested you for cocaine possession.
In this case, you had no intention of buying drugs until you were approached and encouraged to do so by the police, an example of entrapment. If your lawyer can prove your drug possession charges are the result of entrapment, your charges will be dismissed.
A mistake of fact can be a compelling defense for drug possession charges. This defense argument is similar to a lack of knowledge defense. It involves you not knowing that you were in possession of drugs.
The primary difference is that you knew you were in possession of something. You just didn’t know the substance was actually a controlled substance. The argument often involves an element of deception.
Examples include a friend or family member hiding drugs by swapping out the contents of your bottle of ibuprofen for controlled prescription medications, emptying a bag of sugar in your pantry and replacing the contents with cocaine, or filling the basil container in your spice rack with marijuana.
The prescription defense typically only works in cases where you have a valid prescription medication for the substance you were charged with possessing. You can easily be accused of drug possession when police find your medication outside of your prescription pill bottle.
For example, suppose that you had a prescription pain medication and knew you’d be out of the house for most of the day. Maybe you took several pills along with you and were later arrested for possession because they weren't in the bottle and you had no proof of a prescription.
In this case, your lawyer can help get your charges dropped by obtaining medical documents and pharmacy records proving you have a legitimate right to be in possession of the pills.
The legal process for dropping drug possession charges in Florida depends on the situation. The process begins with hiring a lawyer and allowing them to investigate the charges and evidence against you. If your lawyer can prove entrapment, your charges can simply be dropped.
If your lawyer can prove illegal search and seizure or establish other issues, like police misconduct, they can request that the judge suppress evidence in your case. If the prosecution does not have enough evidence to pursue your case, the prosecutor will likely drop the charges.
In other cases, your lawyer can file a motion asking the judge to drop your charges. The judge would need to see compelling evidence for why the charges should be dropped. An example might be the prescription defense, where your lawyer can submit proof that you have a prescription for the drugs you were charged with possessing.
If none of these attempts are successful or relevant to your case, your lawyer will walk you through your remaining options. These might include taking a plea deal, participating in a diversion program, or presenting your defense at trial.
You should call a drug possession defense lawyer as soon as possible after your arrest. It’s important to cooperate with law enforcement, or you could find yourself facing additional charges. Anything you say to the police can be used against you in court. Don’t answer police questions or offer an explanation until your lawyer is present.
Your lawyer should be able to estimate how long it will take to get your charges dropped. The time frame depends on factors like the evidence against you and the type of defense argument your lawyer needs to build.
If it’s your first time being charged with drug possession, it could increase your chances of getting the charges dropped. Repeat offenders have an established track record, which makes a judge less inclined to accept many types of defense arguments, such as ones based on lack of knowledge or intent.
However, it ultimately comes down to the circumstances, the evidence against you, and the type of defense your lawyer can build. For example, if your lawyer can prove entrapment, past convictions might be irrelevant.
The Denson Firm is a criminal defense firm with over twenty years of experience fighting for clients in St. Petersburg and throughout Pinellas County, Florida. Our skilled criminal defense lawyers have a long track record of successfully helping clients get their criminal charges dropped or reduced.
If you need help fighting drug possession charges in Pinellas County, The Denson Firm has the skills and experience to help you obtain a successful court outcome.
Don’t wait to get help with a Florida drug possession charge. Call The Denson Firm today to schedule a free consultation with a Florida drug possession defense lawyer with decades of experience.
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