How to Get Drug Possession Charges Dropped: Effective Strategies to Follow

Understanding Drug Possession Charges

Drug possession charges in Florida can negatively affect your finances, future opportunities, and freedom. When you’re arrested, you'll typically face charges of possession of a controlled substance. The potential penalties for this offense are based on the substance type and quantity, your prior record, and the specific circumstances of your case.

Under Florida Statutes Section 893.13, possession of controlled substances (except for marijuana in limited amounts) is classified as a felony offense, with penalties ranging from five to 30 years in prison and fines up to $10,000.

Can Drug Charges Be Dismissed in Florida?

In Florida, there are several specific legal pathways through which drug charges may be dropped.

Prosecutors may dismiss cases due to Fourth Amendment violations like illegal searches, lab testing errors, or issues with the chain of evidence custody. Defendants (especially first-time offenders) may qualify for pretrial diversion programs allowing case dismissal upon completion of specific treatment, community service, and educational requirements.

The attorneys at South Florida Justice have formulated numerous successful strategies to challenge clients’ drug possession charges. With the assistance of a skilled lawyer and the right approach for your situation, you might be able to have your charges reduced or dismissed entirely.

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Types of Drug Possession Charges in Florida

In Florida, drug possession charges can range from a misdemeanor to a first-degree felony. It all comes down to the type and amount of the substance involved.

Drug possession in Florida is categorized by substance schedules and quantities:

Schedule I Substances

Schedule I substances, which include heroin, LSD, and ecstasy, have a high potential for abuse and no accepted medical use. Possession typically results in first-degree felony charges, especially for larger quantities.

Penalties can include up to 30 years in prison and fines up to $10,000. These charges are prosecuted most aggressively due to the dangerous nature of these substances.

Schedule II Substances

These include powerful prescription medications, such as oxycodone, fentanyl, morphine, and stimulants like Adderall and cocaine. While these substances have a high potential for abuse, they also have accepted medical uses with severe restrictions.

Unauthorized possession typically results in second-degree felony charges. Penalties may include up to 15 years in prison and fines up to $10,000.

Schedule III and IV Substances

Schedule III and IV medications, such as codeine, Xanax, Valium, and anabolic steroids, have legitimate medical uses but still present high abuse potential. Unauthorized possession usually results in third-degree felony charges, with penalties of up to five years in prison and $5,000 in fines. Having a valid prescription is a legitimate defense.

Schedule V Substances

These substances have the lowest potential for abuse among controlled substances and consist primarily of preparations containing limited quantities of certain narcotics, mainly used as antidiarrheals, antitussives, and analgesics.

Examples include cough medicines with small amounts of codeine (such as Robitussin AC), Lyrica, and Lomotil. Possession without a prescription typically results in a first-degree misdemeanor with penalties including up to one year in jail and $1,000 in fines.

Marijuana

Florida law treats marijuana differently from other controlled substances. Possession of under 20 grams is a first-degree misdemeanor (up to one year in jail plus a $1,000 fine), while possession of 20 grams or more is charged as a third-degree felony. Medical marijuana cardholders are exempt if they follow established legal guidelines.

Drug Paraphernalia

Possession of items used for consuming drugs (pipes, syringes, etc.) is a first-degree misdemeanor carrying up to one year in jail and $1,000 in fines. These charges often accompany substance possession charges.

Possible Strategies to Get Drug Possession Charges Dropped

There are several potent legal strategies available for fighting drug possession charges in Florida and across the U.S. While the most effective approach will depend on your specific case, some of your options may include the following:

Challenging the Legality of the Search and Seizure

One of the most common and effective defenses in drug possession cases is pointing to a violation of your Fourth Amendment rights. Police officers must have either a valid search warrant, probable cause, or your consent before searching your person, vehicle, or home.

If the police conducted an illegal search without proper authority, your attorney can file a motion to suppress the evidence. When evidence is deemed inadmissible due to constitutional violations, prosecutors often have no choice but to dismiss charges due to lack of proof.

Proving Lack of Possession

Another powerful defense strategy is arguing that you didn’t actually possess the drugs. To secure a conviction, prosecutors must prove beyond a reasonable doubt that you knowingly possessed the controlled substance. Here are some of the arguments you might raise:

• The drugs belonged to someone else.
• You had no knowledge of the drugs' presence.
• You didn't have control over the area where drugs were found.

For example, if the drugs were discovered in a shared vehicle or residence that multiple people had access to, it may be difficult for the prosecution to prove that they belonged to you specifically.

Contesting the Evidence Chain of Custody

Drug evidence must follow strict handling protocols from seizure through testing and presentation in court. Your attorney can scrutinize this chain of custody for errors or inconsistencies. Issues that might compromise evidence integrity include:

• Improper handling procedures
• Gaps in documentation
• Contamination during testing
• Misidentification of substances

Successfully challenging the chain of evidence can lead to dismissal if the prosecution can’t demonstrate the integrity of their case.

Arguing Lack of Intent or Knowledge

To secure a conviction, prosecutors must prove that you knowingly possessed an illegal substance. The lack of intent defense involves admitting that you had drugs in your possession but asserting that you had no knowledge of them and no intent to commit a crime.

For example, let’s say a friend left a backpack containing drugs at your house, and you were arrested while returning it without knowing its contents. Your attorney could build a solid defense based on your lack of knowledge.

Claiming Entrapment

Entrapment is an affirmative defense often employed in cases involving undercover officers and sting operations. It argues that law enforcement coerced you into committing a crime you wouldn't otherwise have committed.

For instance, if an undercover officer persistently urged you to buy drugs at a bar and then arrested you after you finally gave in, it might constitute entrapment. You may be able to have your charges dismissed if your attorney can prove improper inducement.

Entering a Drug Diversion Program

Many jurisdictions offer diversion or treatment programs for first-time or non-violent drug offenders, especially those facing misdemeanor charges. These programs typically involve measures like:

• Drug education classes
• Regular drug testing
• Counseling or treatment
• Community service

State authorities will agree to drop the original charges upon the successful completion of such programs.

Showing That You Have a Prescription

If you were charged with possession of prescription medications, producing proof that you have a valid prescription from a licensed physician could result in your charges being dropped.

For example, if you carried prescription medication outside its original container and were charged with illegal possession, providing documentation of your prescription might resolve the case without further hassle.

Attacking Witness Credibility

If the prosecution relies heavily on witness testimony, your attorney can attempt to undermine the credibility of these individuals by demonstrating a history of dishonesty, bias, or unreliability. This strategy can be particularly effective when informants or co-defendants are involved.

Don't Let Drug Charges Define Your Future: Start Building Your Defense Today

If you’re facing drug charges, your future hangs in the balance. Prosecutors have extensive resources at their disposal. You deserve strong representation, too.

Contact us today to schedule a free consultation and speak with a seasoned criminal defense attorney. We’ll evaluate your case and develop a strategy aimed at getting your charges reduced or dismissed.