How quickly should I contact an attorney after a trafficking arrest?
Immediately. Do not answer any questions, do not consent to any searches, and do not make any statements to anyone other than your attorney. The earlier we are involved, the more effectively we can challenge the evidence, protect your rights, and influence the trajectory of your case.
What is constructive possession?
Constructive possession means drugs were found in a place you had access to or control over, such as your vehicle, home, or workplace. The prosecution must prove you knew the drugs were present and could exercise control over them. Simply being present where drugs are found does not prove constructive possession.
Can mandatory minimums be avoided?
In limited circumstances, yes. Substantial assistance to law enforcement, successful suppression of evidence leading to charge reduction, negotiation of charges below the trafficking threshold, and in federal cases, the safety valve provision may allow a sentence below the mandatory minimum. Each option has significant implications that should be discussed thoroughly with your attorney.
What are mandatory minimum sentences?
Mandatory minimums are prison sentences that the judge must impose upon conviction. The judge has no discretion to impose a shorter sentence, regardless of mitigating circumstances. Florida’s trafficking mandatory minimums range from 3 years to 25 years or life, depending on the substance and quantity.
Do I have to be selling drugs to be charged with trafficking?
No. Florida’s trafficking statute is entirely weight-based. Possessing a quantity of a controlled substance above the statutory threshold triggers trafficking charges regardless of whether you intended to sell, distribute, or use the substance personally.
Can a drug possession conviction be expunged?
In some cases, yes. If your charges are dismissed or you complete a diversion program, you may be eligible for expungement of the arrest record. If you received a withhold of adjudication, you may be eligible for record sealing. An attorney can evaluate your specific eligibility.
Will I lose my driver’s license for a drug possession conviction?
Yes. Florida law mandates an automatic two-year driver’s license suspension for any drug conviction, regardless of whether the offense involved driving.
Can a drug possession charge be dismissed?
Yes. Charges can be dismissed if evidence is suppressed due to an illegal search, if the prosecution cannot prove knowledge and control in a constructive possession case, if the substance was not properly tested, or if you successfully complete a drug court or diversion program.
What is constructive possession?
Constructive possession means drugs were found in a location you had access to or control over, rather than directly on your person. The prosecution must prove you knew the drugs were present and had the ability to exercise dominion and control over them. Being in proximity to drugs in a shared space is not sufficient […]
Is drug possession a felony in Florida?
Possession of marijuana under 20 grams is a first-degree misdemeanor. Possession of marijuana over 20 grams and possession of all other controlled substances is a third-degree felony carrying up to 5 years in prison. Possession with intent to sell is a second-degree felony carrying up to 15 years.
