Defense for Controlled Substance Charges in Broward County's 17th Judicial Circuit
A drug possession charge in Broward County can range from a first-degree misdemeanor to a felony trafficking offense — sometimes based solely on the weight of the substance found.
In Broward County, drug possession cases are governed by Florida Statute 893.13 and heard in the 17th Judicial Circuit. Whether you are facing a misdemeanor for cannabis or a third-degree felony for cocaine, opioids, or methamphetamine, a conviction triggers an automatic 6-month driver's license suspension under FS 322.055 — even if a vehicle was not involved in your arrest.
A drug possession arrest can upend your life overnight. To protect your future, you must understand how the State attempts to prove possession:
- Actual Possession: The substance was found directly on your person — pocket, hand, or clothing
- Constructive Possession: The substance was found in a shared space — a car, a home, or a bag. The State must prove you had knowledge of the drugs and dominion and control over them. Proximity alone is not possession
- The Pill Weight Rule: For prescription medications like Oxycodone or Hydrocodone, Florida weighs the entire pill — if the total weight exceeds 10 grams, a simple possession charge escalates to Drug Trafficking with mandatory prison time
Experience Matters: The Advantage of a Former Prosecutor
Fort Lauderdale drug defense attorney Dave L. Simmons is a former Broward County Assistant State Attorney and Assistant Public Defender with 27 years of experience defending drug possession charges throughout the 17th Judicial Circuit. He personally prosecuted and defended hundreds of drug cases in Broward County and knows exactly where the State's evidence routinely breaks down — particularly in joint possession arrests where multiple people are charged for the same contraband — and how to position your case for the Misdemeanor Diversion Program (MDP) or Felony Pre-Trial Intervention (PTI).
Early legal intervention is the most effective way to file a Motion to Suppress evidence based on an illegal stop or search. If the search is ruled unlawful, the evidence is thrown out, and the State typically has no case.
Why Clients Trust The Law Offices of Dave L. Simmons, P.A.?
Broward clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom and who limits his practice exclusively to Broward County.
- Avvo 10.0 Superb Rating — Avvo's highest designation
- Justia 10.0 Rating — perfect score on one of the nation's leading legal directories
- Martindale-Hubbell 4.9 — among the most respected attorney rating services in the country
- 200+ five-star client reviews
- Exclusive Broward County practice
- Dave handles your case personally — not a paralegal or associate
- Extensive court room and trial experience
- Regular appearances before Broward County Circuit and County Court Judges
Don't wait for the State to build its file.
Call 954-765-3540 for a free, confidential consultation directly with Dave L. Simmons.
What Florida Law Considers Drug Possession
Under Florida Statute 893.13(6), possession of a controlled substance means exercising ownership, control, or management over a drug. As a former prosecutor, Dave Simmons prosecuted hundreds of possession cases and understands exactly what the State must prove — and where those proofs routinely break down.
The State must establish one of two types of possession:
Actual Possession
The controlled substance is found directly on your person — in your pocket, hand, or clothing. This is the most straightforward form for prosecutors to prove, but even here, constitutional challenges to the search itself can be decisive.
Constructive Possession
This is where the State's case most often falls apart. To prove constructive possession, prosecutors must establish all of the following:
- You had knowledge that the substance was present
- You exercised dominion and control over it
- Proximity alone is not sufficient — a drug found under a car seat, in a shared space, or near multiple people does not automatically establish possession
Dave Simmons had to prove constructive possession himself as a prosecutor — and he knows exactly which arguments move judges in Broward County courtrooms.
Joint Possession Arrests
When officers cannot determine who possessed a substance, they often arrest everyone present. These arrests are frequently overcharged. If you were one of several people arrested in the same incident, your case deserves a careful individual review — the State must prove your specific knowledge and control, not just that you were there.
Drug Possession Penalties Under Florida Law
Florida's drug possession penalties are serious, and many carry mandatory license suspension in addition to potential jail or prison time. Here is what you are facing, depending on the substance involved:
Possession of Less Than 20g of Cannabis — First Degree Misdemeanor
- Up to 364 days in county jail
- Up to 1 year probation
- Up to $1,000 fine
- Mandatory 6-month driver's license suspension
Possession of 20g or More of Cannabis — Third Degree Felony
- Up to 5 years in Florida State Prison
- Up to 5 years probation
- Up to $5,000 fine
- Mandatory 6-month driver's license suspension
Possession of Cocaine — Third Degree Felony
- Up to 5 years in Florida State Prison
- Up to 5 years probation
- Up to $5,000 fine
- Mandatory 6-month driver's license suspension
Possession of Less Than 4g of Oxycodone — Third Degree Felony
- Up to 5 years in Florida State Prison
- Up to 5 years probation
- Up to $5,000 fine
- Mandatory 6-month driver's license suspension
- Critical: Florida law weighs the entire pill, not just the active ingredient — if total pill weight exceeds 10 grams, charges escalate to Trafficking with mandatory minimum prison sentences
Possession of Less Than 4g of Hydrocodone (Vicodin, Lortab) — Third Degree Felony
- Same penalties as Oxycodone
- Same pill-weight escalation rule applies — total weight over 10 grams triggers Trafficking charges
Possession of MDMA (Ecstasy) — Third Degree Felony
- Up to 5 years in Florida State Prison
- Up to 5 years probation
- Up to $5,000 fine
- Mandatory 6-month driver's license suspension
Possession of Methamphetamine — Third Degree Felony
- Up to 5 years in Florida State Prison
- Up to 5 years probation
- Up to $5,000 fine
- Mandatory 6-month driver's license suspension
- Critical: the Trafficking threshold for meth is just 14 grams — far lower than other substances — meaning a simple possession case can quickly escalate to mandatory minimum prison time
An important note on cannabis in Broward County:
- Broward County does not prosecute misdemeanor cannabis possession charges
- However, the odor of cannabis — burnt or unburnt — is recognized by Florida courts as probable cause for law enforcement to search your vehicle or person
- That search can uncover other controlled substances, escalating the situation to felony possession charges
- A stop that begins with cannabis can end with cocaine, opioid, or meth charges if anything else is found — understanding this distinction is critical
Beyond criminal penalties, a conviction can also result in:
- Loss of current employment and disqualification from future government jobs
- Loss of federal student financial aid and scholarship eligibility
- Immigration consequences for non-citizens, including deportation exposure
Drug Possession and Your Driver's License in Florida
A drug possession conviction triggers an automatic driver's license suspension under Florida Statute 322.055 — even if a vehicle was not involved in your arrest.
What the current law requires:
- Suspension period is 6 months or until completion of a state-approved drug treatment program — whichever comes later
- Prior to 2019 the suspension was two years — the law has improved, but a six-month suspension in Broward County still has a serious real-world impact
- The court may issue a Business Purpose Only license in compelling circumstances, allowing driving for work during the suspension period
A critical warning specific to Broward County:
A withheld adjudication may not protect your license. The DHSMV has recently begun suspending licenses even when the court withholds adjudication — catching many defendants and their attorneys off guard. If you accepted a plea expecting to avoid a suspension, you may still be at risk. See our detailed article on DL suspension when Ajudication of Guilt is Withheld.
Protecting your license is one more reason why the outcome of your case matters beyond the criminal record — and why having a former Broward County prosecutor in your corner from the start is essential.
Defense Strategies for Drug Possession Charges in Broward County
Having prosecuted these cases in Broward County, Dave Simmons knows exactly where possession cases break down. Every defense begins with a thorough case evaluation covering:
- How the State's evidence was obtained and whether constitutional challenges apply
- Whether actual or constructive possession can be proven beyond a reasonable doubt
- Whether diversion is available and how to position your case for acceptance
- The most effective strategy given the specific facts, substance, and circumstances of your arrest
Motion to Suppress — Challenging the Legality of the Stop or Search
Often the most powerful tool available. If law enforcement violated your Fourth Amendment rights — through an unlawful stop, illegal search, or coerced consent — a Motion to Suppress asks the court to exclude that evidence entirely. Under the Exclusionary Rule, when the drugs are suppressed the State typically has no case. Dave Simmons has argued these motions from both sides and knows what it takes to win them in Broward County.
Unlawful Consent to Search
Consent to search must be freely and voluntarily given — not obtained through intimidation or a show of authority. If officers pressured you into agreeing to a search, that consent may be invalid and everything found could be suppressed. This defense is frequently overlooked and requires an attorney who understands how Broward County law enforcement operates in the field.
Challenging the State's Evidence of Possession
Dave Simmons scrutinizes every element of the State's case. Specifically:
- Witness statements and officer testimony for inconsistencies
- Lab results and proper testing procedures
- Chain of custody documentation for the controlled substance
- Whether the elements of actual or constructive possession can actually be proven beyond a reasonable doubt
Pre-Trial Diversion — Keeping a Conviction Off Your Record
For eligible clients, diversion programs offer dismissal without a conviction. These programs are administered through the Broward County State Attorney's Office — the same office where Dave Simmons worked. He understands how admittance decisions are made and how to position your case for the best chance of acceptance. Available programs include:
- Misdemeanor Diversion Program (MDP) — for misdemeanor-level charges, typically first-time nonviolent offenders
- Pre-Trial Intervention (PTI) — for felony-level charges, allowing eligible defendants to avoid prosecution through program completion
- Drug Court — available for both misdemeanor and felony drug offenses, focused on rehabilitation over incarceration
Successful completion of a diversion program typically results in full dismissal of your charges — and Dave Simmons's familiarity with the Broward County SAO gives him a practical advantage in navigating these programs on your behalf.
Why Broward County Defendants Choose a Former Prosecutor
There is a meaningful difference between an attorney who has studied how prosecutors build drug possession cases and one who has actually built them. When Dave Simmons walks into a Broward County courtroom, he brings:
- First-hand knowledge of how the Broward County SAO evaluates evidence and makes charging decisions
- Experience arguing before the same judges in the 17th Judicial Circuit who will hear your case
- An understanding of which weaknesses prosecutors are trained to minimize — and how to expose them
- The credibility that comes from having prosecuted these cases himself, which changes how the State approaches negotiations
That perspective cannot be learned from a textbook. It comes from experience — and it is now working exclusively for the people of Broward County who need a skilled defense.
Dave Simmons represents clients throughout Fort Lauderdale, Hollywood, Davie, Plantation, Pembroke Pines, Coral Springs, Lauderhill, Coconut Creek, Deerfield Beach, Hillsboro Beach, and all surrounding Broward County communities.
Frequently Asked Questions — Drug Possession Charges in Fort Lauderdale
Will I lose my driver's license if convicted of drug possession in Florida?
Yes. Under Florida Statute 322.055, a conviction for drug possession results in a mandatory 6-month driver's license suspension — regardless of whether a vehicle was involved in your arrest. It applies to cannabis, cocaine, opioids, and all other controlled substances, and it is automatic upon conviction. Avoiding a conviction is the only way to avoid this consequence.
What is constructive possession under Florida law?
Constructive possession means a controlled substance was not found on your person but the State is arguing you still possessed it. Prosecutors must prove you knew the substance was present and had dominion and control over it. Proximity alone — being near drugs in a car, a room, or a shared space — is not enough. This is one of the most frequently challenged elements in a drug possession defense.
Can a first-time offender avoid a conviction for drug possession in Broward County?
Yes, in many cases. Broward County's State Attorney's Office operates several pre-trial diversion programs for first-time, nonviolent offenders — including the Misdemeanor Diversion Program, Pre-Trial Intervention, and Drug Court — all of which can result in full dismissal upon completion. As a former Broward County prosecutor, Dave Simmons knows exactly how these programs are evaluated.
Can drug charges be dropped if the search was illegal?
Yes. A Motion to Suppress can be filed if law enforcement violated your Fourth Amendment rights through an unlawful stop, a warrantless search without valid consent, or a search that exceeded its lawful scope. Under the Exclusionary Rule, illegally obtained evidence cannot be used against you — and when the drugs are suppressed, the State typically has no case.
What happens if drugs are found in a car I was in, but don't belong to me?
Law enforcement commonly arrests all occupants of a vehicle and charges joint possession. But the State must prove you specifically had knowledge of the drugs and exercised control over them. Proximity is not possession. If the drugs were not yours and you had no knowledge of them, that is a viable defense — one that requires an attorney who understands how Broward County prosecutors build these cases.
How does a former prosecutor help my drug possession defense?
Dave Simmons spent years inside the Broward County State Attorney's Office charging and prosecuting drug cases. He knows how evidence is evaluated, how charging decisions are made, and which arguments are most persuasive before Broward County judges. That inside knowledge allows him to identify vulnerabilities in the State's case that a less experienced attorney would likely miss.
Is drug possession a felony in Florida?
It depends on the substance and amount. Possession of less than 20 grams of cannabis is a first-degree misdemeanor. Most other drug possession charges — cocaine, opioids, larger cannabis amounts — are Third Degree Felonies carrying up to five years in Florida State Prison. When substance weight exceeds certain thresholds, charges can escalate to Trafficking with mandatory minimum prison sentences.
What should I do immediately after a drug possession arrest in Fort Lauderdale?
Three things:
- Do not make statements to law enforcement beyond providing identification
- Do not consent to any searches
- Call an experienced Broward County drug possession defense attorney as soon as possible
The decisions made in the hours immediately following an arrest can significantly affect your outcome. The earlier Dave Simmons is involved, the more options are available to you.
