Arrested for Drug Possession in Florida?

If you or someone you care about has been arrested for drug possession in Florida, it’s important to know how to navigate this challenging situation effectively.

At Fletcher & Fletcher, we’ve dedicated our careers to criminal defense, striving to provide our clients with the knowledge and support needed to make informed decisions throughout their cases. With our deep-rooted experience in criminal defense, Rick Fletcher and Jenna Fletcher are committed to guiding you through every step of the legal process.

In this blog, we’ll discuss essential steps to take following a drug arrest in Florida, including how to protect your rights, understand the charges, and explore defense options.

1. Stay Calm and Invoke Your Rights

The moments immediately following a drug charge arrest can be chaotic, but it’s crucial to stay composed. Here are two essential phrases to remember:

“I want to remain silent.” This phrase protects you from saying anything that might incriminate yourself. It’s important to only discuss the case with your attorney.
“I want to speak to an attorney.” This request ensures you receive the legal representation you’re entitled to. Ask for a lawyer as soon as possible.

2. Cooperate, But Avoid Providing Information

While it’s important to be respectful and cooperate with law enforcement, avoid answering questions or giving details about the incident without your attorney present. Allow your criminal defense lawyer to handle communications with the authorities to safeguard your interests.

3. Gather Information

If you can do so safely, collect relevant information that might aid your defense:

Officer Information: Note the names and badge numbers of the arresting officers.
Witnesses: Obtain contact information from any witnesses who observed the arrest.
Documentation: Record details about the circumstances of the arrest, if possible.

4. Understand the Charges

Florida’s drug laws are stringent, and the nature of your charges will depend on the type and amount of drugs involved. Here are some key statutes and common charges:

Possession of Marijuana (Fla. Stat. § 893.13(6)(b)): Penalties vary based on the quantity. For less than 20 grams, it’s typically a misdemeanor; more than 20 grams can lead to felony charges.
Possession of Controlled Substances (Fla. Stat. § 893.13(6)(a)): This includes drugs like cocaine, heroin, and prescription medications without a valid prescription. Penalties depend on the drug and quantity.
Possession with Intent to Sell (Fla. Stat. § 893.13(1)(a)1): More serious charges with harsher penalties. The prosecution must prove intent to distribute or sell.

Statute of Limitations for Drug Charges in Florida

In Florida, the statute of limitations dictates how long you must be charged with a crime after it allegedly occurred. For drug possession charges, the timeframe can vary based on the severity of the offense:

Felony Drug Charges: Generally, the statute of limitations for felony drug charges in Florida is three years from the date of the alleged offense (Fla. Stat. § 775.15(1)(b)). This means the state must file charges within three years of the incident, or the case may be barred.
Misdemeanor Drug Charges: For misdemeanor drug charges, the statute of limitations is typically two years (Fla. Stat. § 775.15(1)(a)). As with felonies, the state must initiate legal action within this timeframe.

How a Drug Charges Lawyer in Florida Can Help

Facing drug possession charges can be overwhelming, and having the right legal support can make all the difference. A skilled criminal defense lawyer practicing in drug charges will play a crucial role in navigating the complexities of your case. Here’s how they can assist:

Protect Your Rights: A drug charges lawyer ensures you are treated fairly throughout the legal process. They help you avoid self-incrimination during police questioning and ensure all evidence is handled correctly.
Investigate the Case: Your attorney will thoroughly examine the evidence, interview witnesses, and consult with professionals to identify any mistakes or legal issues with your case.
Build a Strong Defense: They develop a tailored strategy based on the specifics of your case, challenge the evidence presented, and prepare for trial if necessary.
Negotiate or Fight: Your lawyer works to negotiate a plea deal to reduce charges or sentences and prepares to advocate for you in court if a favorable agreement cannot be reached.

Getting professional legal help for a criminal charge in Florida is crucial to protecting your rights and securing the best possible outcome for your case.

Contact Our Florida Criminal Defense Lawyers at Fletcher & Fletcher Today!

Being charged with drug possession is a serious matter, but you don’t have to face it alone. At Fletcher & Fletcher, Rick Fletcher and Jenna Fletcher bring years of dedicated experience in criminal defense to every case. We are committed to providing compassionate, knowledgeable support and standing by your side every step of the way.