Getting busted with drugs in Fort Lauderdale is no joke—the cops here don’t mess around. And if they think you’ve got a stash that looks more like it’s for dealing than personal use, you could be facing some serious charges. That’s when you need to call in the big guns: an experienced drug crimes defense attorney.
The Charges Against You
In Florida, possession with intent to sell is treated as a felony. Even a small amount of drugs can lead to this charge if the cops think you planned to sell or distribute them. The main statutes that apply are Florida Statute 893.13 for possession, and Florida Statute 777.04 for criminal intent.
The penalties get steeper as the type and amount of drugs increase. For weed, getting caught with 20 grams or less is a third-degree felony, while having more than 25 pounds is a first-degree felony. With cocaine, having between 200-400 grams bumps intent to sell up to a first-degree felony.
The maximum sentences for first and third-degree drug felonies are 30 years and 5 years respectively. And don’t forget about fines, which can be up to $10,000 for third-degree, and $10,000 to $15,000 for first-degree felonies.
Poking Holes in the Prosecution’s Case
The cops and prosecutors want to lock you up and throw away the key. But an experienced drug crimes lawyer will take a hard look at their evidence and arguments—and search for any weak spots. Here are some of the ways we can challenge a possession with intent to sell charge:
- Questionable police conduct – If the cops didn’t follow proper procedures during your arrest and investigation, any evidence found may be inadmissible. That could get the whole case tossed.
- Faulty or missing lab tests – The prosecution needs scientific evidence like lab tests to identify the type and weight of drugs. If the testing was flawed, or never done at all, their case is on shaky ground.
- You didn’t actually “possess” the drugs – If the drugs weren’t on you or in your home/car, you can argue they weren’t truly in your possession. This depends on some technicalities around possession laws.
- No real evidence you planned to sell – The prosecution needs more than just the amount of drugs to prove intent to sell. If they’re lacking evidence like baggies, a scale, cash, etc., their case is weak.
- Entrapment – If an undercover cop pressured you into a drug sale you wouldn’t have done otherwise, you may have a solid entrapment defense. This depends on the specifics of your interactions with police.
Getting Your Charges Reduced
Even if the prosecution won’t dismiss the case entirely, an experienced lawyer may convince them to reduce the charges to simple possession or other less serious crimes. This depends on the circumstances, but it’s fairly common in Fort Lauderdale drug cases.
Some ways we can work toward charge reductions include:
- No prior drug record – If you have a clean record, we can argue this was a one-time mistake versus part of a drug dealing operation. Prosecutors may agree to lesser charges.
- Addiction issues – For defendants with substance abuse problems, we may be able to get charges reduced and divert you to drug court or rehab programs.
- Uncertain or borderline evidence – If the prosecution’s evidence is questionable, they may offer a plea deal to a lesser charge rather than risk losing at trial.
- Appealing to prosecutorial discretion – Experienced lawyers have working relationships with prosecutors and can sometimes persuade them to show leniency. But no guarantees.
Fort Lauderdale Drug Defense Lawyers Can Help
Facing drug dealing charges in Fort Lauderdale can be scary. But with an aggressive lawyer on your side, you can give yourself the best possible chance of avoiding harsh penalties like years behind bars.
An experienced local drug crimes attorney knows all the players in the courthouse, from the judges to the prosecutors. We’ll thoroughly investigate your case, craft the strongest defense, and fight to get your charges reduced or dismissed if possible.
Every case is different, but you can trust us to handle your Fort Lauderdale drug possession with intent to sell charges with the dedication and smarts needed to achieve the best outcome. Don’t leave your fate to chance—contact us for a free case evaluation now.