What Defenses Are Available for Drug Crime Charges in Florida?
Facing drug crime charges can be one of the most stressful and overwhelming experiences of your life. The potential consequences—jail time, hefty fines, and a criminal record—can significantly impact your personal and professional future.
Questions about your rights, your legal options, and how to fight the charges may leave you feeling lost. However, it’s important to know that being charged with a drug crime does not automatically mean a conviction. Florida law provides several defenses that may be available to challenge the charges against you. Understanding these defenses is a crucial first step in reclaiming control over your situation.
At Reese Legal, we have over 27 years of experience guiding clients through the complicated legal system. Serving Orlando, Florida, and the surrounding areas, we are dedicated to protecting your rights and advocating for the best possible outcome in drug-related cases. Whether you’re a resident or a visitor to Central Florida, we’re here to help you fight back and move forward.
Common Defenses to Drug Crime Charges in Florida
Drug charges in Florida are prosecuted under strict laws, notably Chapter 893 of the Florida Statutes, which outlines controlled substances and their classifications. However, even with stringent enforcement, there are often viable defenses depending on the circumstances of your case. Below, we’ll outline some common defenses to drug crime charges in Florida and explain how each one could apply.
Unlawful Search and Seizure
The Fourth Amendment of the U.S. Constitution safeguards you against unlawful searches and seizures. If law enforcement found drugs during an illegal stop or an improper search of your property or vehicle, any evidence obtained may be suppressed.
For example, if law enforcement searched your home without a valid warrant or your consent, they may have violated your rights. Without properly obtained evidence, the prosecution’s case against you may weaken significantly.
Lack of Knowledge
Florida law requires the prosecution to prove that you knowingly possessed the controlled substance in question. This means that the State must establish that you were aware of the presence of the substance and knew it was illegal. If the drugs were discovered in a shared home, vehicle, or other location accessible by multiple people, it might be argued that the drugs did not belong to you.
Entrapment
Entrapment occurs when law enforcement persuades or pressures someone to commit a crime they would not have otherwise committed. For example, if an undercover officer convinces you to engage in criminal activity you weren’t predisposed to commit, this could serve as a defense against the charges. However, it’s important to carefully review the specifics of any interaction with law enforcement to determine if entrapment genuinely applies to your case.
Chain of Custody Issues
When handling evidence, law enforcement must properly document and maintain a chain of custody. If drugs or other evidence are improperly stored, misplaced, or tampered with, this could challenge the legitimacy of the evidence. Any break in the chain of custody may create doubt about whether the evidence presented in court is the same as that collected at the scene.
Valid Prescription
If you’ve been charged with possession of a controlled substance that you were legally prescribed, presenting proof of a valid prescription could be a solid defense. Misunderstandings can and do happen, especially with substances like prescription medications that are often associated with abuse or misuse. Demonstrating that a controlled substance was lawfully prescribed to and possessed by you may lead to the dismissal of your case.
Insufficient Evidence
The prosecution bears the burden of proving the charges against you beyond a reasonable doubt. If there is insufficient evidence to connect you to the alleged crime, or if witness testimony is unreliable or inconsistent, your attorney could argue that the case doesn’t meet the legal standard for conviction.
Drugs Belong to Someone Else
Sometimes, drugs are found in areas shared by multiple individuals, such as a car, house, or bag. If the drugs did not belong to you and there is no clear evidence tying you to them, this may serve as a defense. A skilled criminal defense attorney can help argue that you had no knowledge or ownership of the drugs in question.
Why Choose Reese Legal for Your Case?
With so much at stake, you deserve a legal advocate who will listen to your concerns, provide honest guidance, and build a strong defense tailored to your circumstances. At Reese Legal, we pride ourselves on being accessible, approachable, and empathetic to each client’s unique situation.
Strategically located just one mile from Universal Studios in Orlando, we serve the surrounding communities of Windermere, Winterpark, Doctor Phillips, and Bay Hill. Quality legal representation is just a phone call away.
Drug crime charges can feel like an uphill battle, but you don’t have to face them alone. With nearly three decades of legal experience and a commitment to fighting for your rights, we’re ready to put the law to work for you. We will explain your options, challenge the evidence, and seek the best possible resolution for your situation.
If you’ve been charged with a drug crime in Florida, don’t wait to seek help. Time can be a critical factor in identifying and preserving potential defenses. Contact our criminal defense attorney today for assistance with your case.