Fort Lauderdale Drug Possession Lawyer

Fort Lauderdale Drug Possession Attorney

Drug possession may not be as serious as trafficking, but Florida has some of the strictest drug crime laws in the country, so you could still face significant penalties. The first step you should take if charged with a drug crime is to contact a Fort Lauderdale drug possession lawyer who can represent you throughout the legal process.

If you’re looking for a skilled Fort Lauderdale criminal defense lawyer, you can trust The Kirlew Law Firm, PLLC. Our team of dedicated legal professionals is intimately familiar with drug possession laws. We know how to leverage our years of experience and knowledge to provide our clients with aggressive representation and helpful legal advice. You can trust us to help with your drug possession case, as well.

Hire a Drug Possession Lawyer

Broward County has a serious drug problem. In 2022, 705 people died from drug overdoses, constituting the highest number of deaths in the State of Florida. There were another 1,957 non-fatal overdose hospitalizations and 3,366 non-fatal overdose emergency department visits. These statistics consider only worst-case scenarios. They don’t capture the many people who use drugs in Fort Lauderdale without needing hospitalization.

If you’ve been found with any kind of controlled substance, you need to hire a drug possession lawyer right away. You could face significant penalties, including substantial fines and jail time. Your lawyer will be able to explain the charges against you, help you gather and evaluate evidence, and come up with an effective defense strategy. Your Fort Lauderdale drug crime attorney can also help you decide whether to take a plea deal or go to trial.

Actual vs. Constructive Possession

Florida recognizes two types of controlled substance possession:

• Actual possession. Actual possession refers to the direct control over a controlled substance, usually meaning you had it on your person.
• Constructive possession. Constructive possession refers to the presence of a controlled substance in an area you control. It doesn’t have to be on your person for you to be convicted of constructive possession.

Elements of a Drug Possession Charge

Whether you’re facing actual or constructive possession charges, the State will need to prove several key elements for you to be convicted:

• The substance was illegal. The prosecutor must show that the drug in question is a controlled substance under Florida law.
• You had knowledge of the drug. The prosecutor must prove that you knew the drug was illegal and were aware of its presence.
• You had control of the drug. The prosecutor must show that you had control over the drug either directly because it was on your person or because it was in an area you controlled.

Your lawyer can try to disrupt the prosecution’s case at any of these steps, which should prevent a conviction. They could prove that you were unaware of the substance or that you had a valid prescription from a medical professional. Depending on the circumstances of your arrest, your lawyer may also recommend a defense based on entrapment or a Fourth Amendment violation.

Penalties for Drug Possession in Florida

The penalties for drug possession in Florida range from second-degree misdemeanors to first-degree felonies. The penalty you’ll face for drug possession if convicted of the charges will depend on the type and amount of the controlled substance you possessed. They can include:

• Jail or prison time
• Potentially substantial fines
• Participation in a treatment program
• Home detention

You’ll also face enhanced penalties if you’re caught with a controlled substance in some specific locations, including schools like Harbordale Elementary School, daycare facilities, and churches. If you’re convicted of possession of a drug with the intent to sell, that can also enhance your penalties both in terms of jail time and fines.

FAQs

How Do You Beat a Drug Possession Charge in Florida?

You may be able to beat a drug possession charge in Florida with the assistance of a Fort Lauderdale drug possession attorney. Your attorney will be able to evaluate the case being put forth by the prosecution, including their evidence, to look for weaknesses. They will also be able to defend your constitutional rights and may be able to have the case thrown out if they were violated during the investigation.

What Is the Mandatory Minimum Sentence for Drugs in Florida?

The mandatory minimum sentence for drugs in Florida varies. There aren’t mandatory minimum sentences imposed for simple possession, but drug trafficking convictions can lead to mandatory minimums if the defendant was in possession of a controlled substance more than specific weight thresholds defining different levels of trafficking charges. In this case, the mandatory minimum sentence is usually between three and 25 years.

How Hard Is It to Prove Constructive Possession?

It is relatively hard for prosecutors to prove constructive possession. They must show that the defendant was aware of the item’s presence, which can be difficult if it was not found on their person or in an area under their general control, such as their home or car. The defendant must also be able to exercise control over the drug to be convicted of constructive possession.

What Is the New Drug Law in Florida?

The new drug law in Florida is Senate Bill 878. It took effect on July 1, 2025. This law reforms how misdemeanor drug offenses are handled during probation. It gives judges far more flexibility to tailor the conditions of a defendant’s probation to the unique circumstances. More specifically, it increases the allowed probationary periods for certain types of drug offenses.

Fort Lauderdale Drug Possession Lawyer

Being caught in possession of drugs is a serious matter. You should hire a Fort Lauderdale drug possession lawyer to represent you immediately. The team here at The Kirlew Law Firm, PLLC, can help. We have years of experience as criminal defense attorneys, and in that time, we’ve successfully represented countless clients facing drug possession charges. We can help you, too. Contact us to schedule an initial consultation today.