Orlando Drug Possession Lawyer

Orlando Drug Possession Attorney

Facing drug possession charges in Orlando can be frightening. Florida is known to have some of the strictest drug possession laws in the country. A drug possession charge in Orlando can lead to jail time, fines, license suspension, and collateral consequences that affect your personal and professional life. If you or your loved one is facing drug possession charges, an Orlando drug possession lawyer can help reduce or mitigate these consequences.

For over 45 years, Robert B. Fisher, P.A., has been helping residents of Orlando understand their drug crime charges. We understand that everyone’s story is unique and will work to develop a strong defense strategy to help safeguard your future. As a former prosecutor, Mr. Fisher understands these cases from both sides and uses this to his advantage when litigating for his clients.

Florida Drug Possession Laws

It can be very overwhelming trying to decipher Florida drug possession laws on your own. It is important to have an understanding of what charges you are facing and the potential consequences in order to take necessary action.

Florida categorizes drugs into schedules based on the severity of the drug, and each schedule carries different penalties. Drug possession charges can also escalate if law enforcement believes that you intended to sell or distribute the drug to other persons. Sometimes, having any amount of the drug over the limit on you can trigger automatic drug trafficking charges, which carry much harsher penalties and implications.

Drug schedules in Florida are as follows:

• Schedule I. These are the most severe because they are highly abused with no medical use. They are heroin, LSD, ecstasy, peyote, and cannabis. Cannabis or marijuana remains a Schedule I substance in Florida, even though medical marijuana is allowed.
• Schedule II. These substances are still ranked high because of their high abuse, but a little less severe because they have restricted or well-controlled medical use. These are cocaine, meth, fentanyl, oxycodone, and hydrocodone.
• Schedule III. These substances are slightly less risky for abuse and have wider medical usage. They are anabolic steroids, ketamine, and Tylenol with codeine.
• Schedule IV. These have even less risk of abuse or dependency and more medicinal use. These include Xanax, Ambien, and Tramadol.
• Schedule V. These are the lowest risk and have the most widespread medical use, and include cough syrups with codeine and Lomotil.

It is important to understand that in Florida, possession of any amount of a controlled substance can result in a felony charge, and that possession of a prescription drug without a prescription is also considered a felony in the state. Whether you have a loved one or are yourself facing charges, it is important to hire a drug possession lawyer as soon as possible.

Former Prosecutor

Call 407-389-4529 or contact the office online to schedule your initial consultation.

Initial Consultation!

How a Defense Attorney Can Help

A skilled Orlando drug possession defense attorney will immediately get to work reviewing all details of your case. They will review the arrest and look for a lack of probable cause by law enforcement to arrest or search you. They will look into the handling of evidence by police and the case the prosecution is building against you.

Armed with this information, they will begin developing a defense strategy to mitigate severe penalties or have your charges dropped altogether. Some of the common defenses used are:

• Challenging evidence. This includes investigating illegal searches, chain-of-custody issues, or weight inaccuracies. These errors by law enforcement can render evidence inadmissible in court.
• Challenging possession or intent. Your attorney can argue that you were not aware that you had a controlled substance on your person or that the possession was not something you had control or knowledge of.
• Violation of rights. Your attorney will challenge the prosecution if, at any time, your rights were violated, such as being coerced into giving statements to law enforcement, or if a search happened without probable cause or a warrant.

For some first-time or nonviolent offenders, your attorney may negotiate entry into a diversion program with the state that can lead to a dismissal of charges upon completion. Your attorney will be able to advise you on the route to take to have the most favorable outcome for your case.

FAQs

What Are the Drug Possession Laws in Florida?

Drug possession laws in Florida are a strict set of rules governing the amount and type of controlled substances allowed on someone’s person. Any amount of illegal substances can result in felony charges, whereas possession without a medical prescription for others is considered a felony. In 2023, 49.7% of offenders had powder cocaine on their person when arrested, followed by meth at 25.1% and fentanyl at 11.7%

What Happens if You Get Caught With Drugs in Florida?

Being caught with drugs on your person in Florida can result in severe penalties as well as collateral consequences that can have a significant impact on your life. Being caught with even residue or trace amounts of certain drugs, like heroin, can result in felony charges, which result in prison time and fines. Drug possession charges also report onto your criminal record and can show in background checks, harming your ability to work some jobs, secure safe housing, or be eligible for some government assistance.

Do First-Time Drug Offenders Go to Jail in Florida?

Depending on the crime and severity of the charges, some first-time offenders can absolutely go to jail in Florida. Drug possession charges can be a third-degree felony, which is punishable by incarceration. Your attorney may be able to explore alternative sentencing for you if you are a first-time and nonviolent offender through drug court, pretrial diversion, or probation, which can help you avoid jail time.

What Is the Mandatory Minimum Sentence for Drug Possession in Florida?

Mandatory minimum sentence is applied to drug trafficking charges in Florida, which some drug possession charges can automatically trigger if a certain weight limit of a drug is found on your person. The mandatory minimum is triggered by different quantities for different drugs, but the minimum sentence is three years in jail and a $50,000 fine.

Hire a Drug Possession Lawyer

Intervention right away from a skilled drug possession lawyer can have a positive impact on your case, leading to more favorable outcomes. Contact Robert B. Fisher, P.A., to review your charges and see how we can help.