Strategies For Getting Drug Charges Reduced In Florida

Florida’s Drug Laws

The penalties for drug possession and trafficking in Florida can vary depending on the type and amount of drugs involved and the person's criminal record. With the right defense strategy and the assistance of an experienced attorney, individuals can explore various options to reduce or dismiss their charges.

Classification And Schedules Of Controlled Substances

In Florida, illegal drugs are classified into five different categories based on their abuse potential, medical benefits, and safety. The schedules are as follows:

• Schedule I: High potential for abuse; no recognized medical use. Examples are heroin, LSD, and MDMA.
• Schedule II: High potential for abuse; some recognized medical uses. Examples include cocaine, methamphetamine, and oxycodone.
• Schedule III: Moderate abuse potential; accepted medical use. Examples include anabolic steroids and ketamine.
• Schedule IV: Low potential for abuse; accepted medical use. Examples are Xanax and Valium.
• Schedule V: Lowest potential for abuse; accepted medical use. Examples are the preparations containing limited quantities of codeine listed at Florida Statute 893.03(5).

Drug Possession vs. Trafficking

Drug possession and drug trafficking are two distinct offenses in Florida, with different penalties depending on the type and amount of substance controlled and other factors.

Drug Possession Charges

There are two types of drug possession charges: actual possession (when you have the drugs on your person) and constructive possession (when you have the drugs in a place, such as a vehicle, that you have control over). The different penalties for possession might include:

• Marijuana (20 grams or less): First-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
• Cocaine, meth, heroin, and other Schedule I and II substances: Third-degree felony punishable by up to five years in prison and a fine of up to $5,000.

Drug Trafficking Charges

Intent to sell, deliver, or manufacture controlled substances can result in harsher penalties in Florida. Penalties depend on the type and quantity of drug involved. For example:

• Cocaine: Trafficking 28 to 200 grams is a first-degree felony punishable by a minimum of 3 years in prison and a fine of up to $50,000.
• Marijuana: Trafficking 25 pounds to 2,000 pounds is a first-degree felony punishable by a minimum of 3 years in prison and a fine of up to $25,000.
• Heroin: Trafficking of 4 to 14 grams is a first-degree felony punishable by at least three years in prison and a fine of up to $50,000.

Strategies For Getting Drug Charges Reduced

Once you’ve retained an attorney for your defense, they will begin discussing legal strategy and possible options for your defense. The strategy will depend on your case's circumstances, your prior criminal history, and other factors. Here are some of the ways in which an experienced criminal defense attorney might attempt to get the charges reduced.

Plea Deals And Diversion Programs

Plea bargaining means negotiating with the prosecutor to plead to a lesser count, often for probation rather than prison. Diversion works differently: the state holds the prosecution while you complete treatment, and drops the charge if you finish. Florida Statute 948.08(6) creates the pretrial substance abuse education and treatment intervention program, which includes a treatment-based drug court under Florida Statute 397.334.

Eligibility is set by Florida Statute 948.08(6)(b): a substance abuse problem is identified and you are amenable to treatment, the charge is a nonviolent felony, there is no accompanying violent charge, and you have two or fewer prior felony convictions, all of them nonviolent. A clean record is not required, which is the part most people get wrong. If you complete the program the court may dismiss the charges under Florida Statute 948.08(6)(d).

Proving Lack Of Intent Or Knowledge

Another strategy to reduce drug charges is to prove that the person lacked the intent or knowledge that they were in possession of drugs. This could include proving that the defendant didn't know they were carrying drugs or that they didn't intend to distribute or use the drugs.

Establishing this lack of intent or knowledge can lead to a dismissal or reduction of charges, depending on the case's particular circumstances.

Entrapment And Rights Violations

Entrapment occurs when law enforcement officials induce someone to commit an offense they would not otherwise have committed. If it can be proven that the person was entrapped, the charges can be dropped.

Similarly, if a person's rights were violated during their arrest, such as through an unlawful search and seizure, the evidence obtained may be deemed inadmissible in court. This could result in the charge not being prosecuted, ultimately leading to a dismissal or reduction of the charge.

Consequences Of A Drug Conviction In Florida

For most drug offenses, fines can be imposed, the amount of which depends on the severity of the offense. A misdemeanor drug possession charge can result in a fine of up to $1,000, while felony drug trafficking convictions can result in much higher fines, as much as tens of thousands of dollars.

Penalties And Sentencing Framework

Individuals charged with drug possession may be subject to probation, community service, mandatory drug education or treatment programs, jail time, or a combination of these penalties. Jail time for drug possession generally ranges from a few days to several years, depending on the type and amount of substance controlled, prior convictions, and other circumstances.

Trafficking, manufacturing, and possession with intent to sell or deliver are felonies, and the trafficking tiers in Florida Statute 893.135 carry mandatory minimum prison terms a judge cannot go below unless the state moves for a reduction under Florida Statute 893.135(4) for substantial assistance. Trafficking in 28 grams or more of fentanyl or a fentanyl analogue carries a 25-year mandatory minimum and a $500,000 fine under Florida Statute 893.135(1)(c)4. Life imprisonment is reserved for the top tier: 150 kilograms or more of cocaine under Florida Statute 893.135(1)(b)2., with no discretionary early release short of clemency.

Impact On Criminal Record And Employment

A drug conviction can remain on a person's criminal record indefinitely, affecting their ability to obtain housing, a loan, or an education. A felony conviction, though not a misdemeanor, also costs you civil rights. Florida Statute 790.23 makes it unlawful for a person convicted of a Florida felony to own or possess a firearm, ammunition, or an electric weapon. Voting is different from what many people assume: under Article VI, Section 4(a) of the Florida Constitution, the disqualification terminates and voting rights are restored on completion of all terms of sentence, including parole or probation. Section 4(b) keeps murder and felony sexual offenses out of that automatic restoration.

A drug conviction hits your driver license on its own track. Under Florida Statute 322.055(1), a conviction at age 18 or older for possession, sale, trafficking, or conspiracy involving a controlled substance requires the court to direct the department to suspend the license for 6 months, or until you are evaluated and, if the evaluating agency finds it necessary, complete an approved drug treatment and rehabilitation program. The same subsection lets the court issue a license restricted to business or employment purposes on a finding of compelling circumstance, so ask for it at sentencing rather than afterward.

A drug record shows up on background checks, and some employers screen it out no matter how old or how minor the offense was. Licensed fields are the harder problem, and they are more specific than the general warning suggests. Health care employers and school districts run hires through the level 2 screening standards in Florida Statute 435.04, and that section treats a chapter 893 drug offense as disqualifying only if the offense was a felony or if any other person involved in it was a minor. A misdemeanor possession conviction is not on the automatic bar list, which is another reason the misdemeanor-felony line is worth fighting over.

Speak To A Defense Attorney Today About Your Charges

If you’re facing misdemeanor or felony drug charges in Florida, you should contact the Weinstein Legal Team right away to discuss your case.  Our defense attorneys are former Florida prosecutors who understand how the system works and how to advocate on your behalf.

Call us now to speak with a lawyer at 888-626-1108, or click here to schedule your case review.