How Can I Fight My Drug Possession Charges in Florida?

Facing a drug possession charge is almost always an overwhelming experience. In most cases, the consequences can be incredibly severe with your financial future, freedom, and criminal record hanging in the balance.

However, it’s important to remember that your fate isn’t set in stone. You have several legal rights and options available to fight the charges. Building a strong defense could help you get the penalties reduced or—in some situations—have the case against you dismissed.

In this article, we look at a few strategies an attorney might use to help you fight a drug possession charge:

1. Police Misconduct

Officers are expected to follow proper protocols and always respect your rights. As such, if you can present proof that law enforcement personnel infringed on your rights or went against certain procedures, you might be able to argue that the evidence they obtained was done so unlawfully. For instance, if officers didn’t have a warrant or probable cause to search your property, any evidence of illegal substances uncovered during this search and seizure could be ruled as inadmissible.

2. Insufficient Evidence

To secure a conviction, the prosecutor must be able to present the exact illegal substances that were found in your possession. However, it’s not uncommon for such evidence to be misplaced, lost, altered, or destroyed. As such, if certain kinds of evidence are no longer available—or were tampered with in the days following your arrest—there’s a high likelihood that the courts might dismiss your case.

3. Forensic Evidence

Before most illegal substances can be admitted as evidence, they must be tested to confirm their identity. There are, however, a few exceptions. Most notably, marijuana can be identified by an experienced and well-trained officer without the need for analysis. That said, there are some household products that can be mistaken for drugs leading to someone being falsely arrested and charged for possession. As such, forensic tests might help confirm that you weren’t in possession of a banned substance.

4. Drug Diversion Programs

Not all strategies are aimed at dismantling the prosecution’s case. Some, for instance, make use of various programs offered by the state to help you avoid the serious penalties associated with a drug crime charge.

For instance, you might qualify for Florida’s drug diversion program which is an alternative route to fighting your charges in court. As part of this program, you will have to complete treatment for drug and/or alcohol abuse issues. If you can finish this course, your charges will usually be dismissed. In some situations, your criminal record may even be expunged.

Prosecutors and judges will usually only afford this opportunity to those whom they don’t believe are engaging in drug trafficking or manufacturing. As such, if you have been charged with dealing an illegal substance, you will not have the option of completing a diversion program.

Speak to a Drug Crime Lawyer in Port St. Lucie, FL

Were you arrested and charged with drug possession? Turn to Attorney Todd A. Kawecki to discuss your options. Todd can assess your situation as part of a free case review and start formulating strategies on how to help you secure a favorable outcome. Dial 772-485-4500 or jump to our contact page HERE to lock in a consultation with a Florida drug crime lawyer.