Fort Lauderdale Drug Defense Lawyer
Drug possession charges can take many different paths, and if you’ve been charged with this crime, you’ll want to contact Michael D. Weinstein, PA, a drug possession lawyer in Fort Lauderdale. It is our mission to be available to our clients 7 days a week. Call our office at 954-761-1420 to schedule a consultation.
A Drug Possession Law Firm in Fort Lauderdale
A drug defense attorney in Fort Lauderdale can help determine what kind of defense to build for your charges depending on the type of charges you are faced with. There are multiple ways to defend drug possession such as challenging the facts, the testimony or the evidence being used against you. Other defense strategies will challenge charges based on procedural errors.
Here is a quick look into some of the ways a Fort Lauderdale drug possession attorney can fight your case.
- Unlawful Search and Seizure – This has to do with how the drugs were found on you and what length law enforcement went to obtain the substance.
- Drugs Belong to Someone Else – A defense to drug charges may include you not knowing the drugs were in your possession.
- Crime Lab Confirmation – For your charges to be lawful, the drugs must be analyzed in a crime lab to ensure they are, in fact, what you were charged with. Without that information, law enforcement would have a harder case to prove.
- Drugs are Missing – This defense includes ensuring the drugs are still in possession of the law enforcement agency and haven’t gone missing.
- Planted Drugs – While difficult to prove, if you have evidence the drugs were planted, your charges will be dropped, and further legal action can be taken.
- Entrapment – This differs from a sting operation where a perpetrator will make their own decision to engage in illegal drug use or possession. Entrapment is when law enforcement coerces you to make these decisions.
Types of Drug Possession Charges in Fort Lauderdale
The prosecution needs to prove the following about your substance charges:
- The substance must be determined to be the one you are being charged for by a crime laboratory that can scientifically provide a confirmation.
- The prosecutor must prove that you knew about the possession of the substance and its presence.
- The prosecutor will also have to prove that you were the one who had control over where the substance was located.
Our firm can help build a criminal defense if you’ve been arrested and charged with possession of marijuana in Fort Lauderdale. We can use a few tactics to help you avoid maximum penalties or use other means to get the charges dropped all together depending on your case.
Marijuana Drug Possession Charges
- A First Degree Misdemeanor – Equals 20-grams
A person with four more prior arrests may see increased penalties
(exceptions made for medical marijuana possession)
- Penalties: Up to one year in jail. Pay court fees.
Those with four or more priors may be subject to full one year jail plus order to a treatment program or home detention.
- A Third Degree Felony – Equals more than 20-grams of marijuana
A person with a prior record may see heavier penalties
- Penalties: Up to 5-years in prison
- A First Degree Felony Possession – Equals more than 25-pounds of marijuana.
- Penalties: Up to 30-years in prison and may be ordered to pay up to 250,000 in fines.
If you have been charged with cocaine possession in Fort Lauderdale, we can help you build a defense to either fight the charges or lessen the penalties, depending on your particular situation. Cocaine is a schedule II controlled substance and carries severe penalties.
- Third Degree Felony Possession – Equals 28-grams. Trafficking charges will be added if it’s over 28-grams and turn the 3rd-degree charge into a First Degree Felony.
- Penalties: 28-200-grams with a $50,000 fine and up to 3 years in prison.
- Sale of Cocaine – Equals to a Second Degree Felony and considered trafficking. Higher penalties will be administered for sales near schools.
- Penalties: 200-400-grams with a $100,000 fine and up to 7-years in prison
400-grams – 150-kilograms with $250,000 fine and up to 15-years in prison
Over 150-kilograms – Potential life imprisonment
While only a prescription, oxycodone is a schedule II drug and can carry heavy penalties for those who possess a certain amount. If you have been charged with possession of this substance, you should be aware that getting caught with just 7-grams will earn you a Third Degree Felony. This can equate to up to 5-years in prison or probation and up to $5,000 in fines. If you have more than 7-grams of the drug in your possession at the time of arrest, the case moves to a “trafficking” charge which can lead to up to 25-years in prison.
Prosecutors will bring charges on you with evidence such as:
- The substance is being carried in a non-labeled bottle, bag or alternate container.
- You were driving, and the substance is in your system found through a blood test.
- You are found to have obtained the substance by fraud.
- Prosecutors have evidence that you were selling the substance.
- You are charged with illegally obtaining forged prescriptions or forging them yourself.
- You are found to be doctor shopping to obtain the substance.
Fort Lauderdale Illegal Drug Sales Lawyer
No matter what substance you have been arrested for, Fort Lauderdale drug possession lawyer Michael D. Weinstein, PA can help you sort through your case. We have given you an idea of what the charges look like if you are in possession of a substance. Many of these cases can move into “trafficking” charges if you carry a certain amount of the substance. Further, if you have been charged with possession to “sell” we need to work quickly to build your case defense. It may take time to do this so, please don’t wait long to contact our offices.
We are a Fort Lauderdale drug possession law firm that can help you organize your case and help you get the best possible outcome for your charges. Please call or contact us to get started.
Arrested for Drug Possession in Fort Lauderdale, Florida?
The types of charges you could face for drug possession in Florida can vary depending on the type of drug in your possession, the amount of drugs found in your possession, and whether there is a sufficient amount of the substance in your possession for police to charge you with intent to sell for having higher quantities of a drug. Drug possession charges in Fort Lauderdale Florida can result in a misdemeanor or felony charge. If you are facing charges of drug possession in Fort Lauderdale, Florida, you could be facing serious jail time. Possession charges can impact all aspects of your life and should always be taken seriously. Michael D. Weinstein, P.A. is a drug possession lawyer in Fort Lauderdale, Florida who may be able to fight your charges and even get your charges dismissed or dropped. Our drug possession attorneys can review the circumstances of your arrest and the way officers searched you or your property. Officers must have either a warrant or probable cause that a crime has been committed to perform a search.
It is important to understand that if you are facing drug charges in Florida, you are innocent until proven guilty. Police must have legal reasons to search you, search your car, or search your property. If police didn’t have legal reason to search you, your search could be found illegal under the Fourth Amendment of the Constitution. Michael D. Weinstein, P.A. is a drug possession lawyer in Fort Lauderdale, Florida who can review the circumstances leading up to your arrest and review how police handled the chain of evidence. Any errors could potentially result in certain evidence being inadmissible in court.
If police have a strong case, you may still have options under the law if you have been charged with drug possession in Fort Lauderdale, Florida. You may be able to take a plea deal, for instance. Michael D. Weinstein, P.A. is a drug possession lawyer in Fort Lauderdale, Florida who can review your case, and offer you a road map forward. When your freedom, your reputation, and your future are on the line, you need a criminal defense lawyer who can use the law to protect you. Michael D. Weinstein, P.A. is a drug possession lawyer who may be able to help.
Cocaine Possession Lawyer in Fort Lauderdale, Florida
The kind of charges you could face for cocaine possession in Florida will depend on how much cocaine is found in your possession. If you were found in possession of small amounts of cocaine, you may qualify for drug rehabilitation or diversion programs. However, individuals found with 28 grams or more of cocaine could face more serious drug trafficking charges. Depending on the amount of the drug found in your possession, you could face anywhere from three years in prison to life for larger amounts of cocaine found in your possession.
If you have been charged with cocaine possession in Fort Lauderdale, Florida, you are innocent until proven guilty. The cocaine possession attorney at Michael D. Weinstein, P.A. in Fort Lauderdale, Florida can review how police performed their searches. If the search was illegal, the cocaine found in your possession may not be admissible evidence in court. If smaller amounts of cocaine were found in your possession, you may qualify for certain drug rehabilitation programs. Finally, if you assist the state with other drug cases, you may also qualify for a plea deal if you can help the state build a case against other drug traffickers. Michael D. Weinstein, P.A. is a Fort Lauderdale, Florida cocaine possession lawyer who can review your situation and help you negotiate with prosecutors. Our firm can also review the details leading up to arrest to determine whether your Constitutional rights might have been violated during any search or seizure of your person or property.
Marijuana Possession Lawyer in Fort Lauderdale, Florida
While the recreational use of marijuana has been legalized in many states, marijuana remains illegal in Florida. If you are found to be in possession of less than 20 grams of marijuana, you could face misdemeanor charges, which comes with a jail sentence of up to one year, and fines up to $1000. However, a misdemeanor conviction can carry with it serious collateral consequences. Individuals with a criminal record can sometimes face difficulties when seeking certain types of federal aid, when seeking certain jobs, and when applying for certain licenses. If you are facing marijuana possession charges, Michael D. Weinstein, P.A. is a Fort Lauderdale, Florida marijuana possession lawyer who may be able to help you fight your charges or assist you with getting into a diversion program that can help you avoid the worst charges.
Oxycodone (OxyContin) Possession Lawyer in Fort Lauderdale, Florida
If you are found to be in possession of oxycodone (also known as OxyContin), you could face serious drug charges. For example, individuals in possession of 7 grams or more of oxycodone could face drug trafficking charges. Just having a few pills of OxyContin, Percocet, or pills with oxycodone could result in drug trafficking charges and could put you at risk of facing mandatory minimum drug sentencing charges. Oxycodone charges can be very serious and can result in years in prison. Michael D. Weinstein, P.A. is a Fort Lauderdale, Florida oxycontin possession lawyer who may be able to assist you if you are facing charges of oxycodone possession. One of the primary defenses to an oxycodone charge is illegal search and seizure. Police must have valid reasons to search your person or your property. Michael D. Weinstein, P.A. is a drug possession lawyer in Fort Lauderdale, Florida who may be able to help you if you are facing charges.
If you are facing drug possession charges in Fort Lauderdale, Florida, you might have many questions. You might be wondering what your rights are and what your next steps should be. Navigating the criminal justice system can feel overwhelming. If you cannot afford a lawyer, the state should appoint one for you, but you also have the right to call a lawyer of your choice. Public defenders might be overwhelmed with a high caseload. When you hire a drug possession lawyer like Michael D. Weinstein, P.A. in Fort Lauderdale, Florida, you get a lawyer who can give your case the time and attention it deserves.
If you have been arrested for drug possession in Fort Lauderdale, Florida, consider protecting your rights. Remember that you have the right to remain silent, and can ask to speak to a Fort Lauderdale drug crime defense attorney if you are being questioned for drug charges. Michael D. Weinstein, P.A. may be able to help you.