Drug Crimes

The Law Office of Dave L. Simmons, P.A. is dedicated to defending those individuals accused of a criminal offense. Mr. Simmons is an experienced Fort Lauderdale Drug Crimes Attorney, serving has a former Broward County Prosecutor and former Broward County Public Defender. His firm as represented hundreds of clients charged with drug crimes.

If you have been charged with a drug crime, it is imperative to contact an experienced Broward County Drug Crimes Attorney early on in the process. It is important to note that Police officers do not file criminal charges. A filing attorney within the State’s Office will have ultimate discretion as to what charged will be filed. With this early representation an experienced Fort Lauderdale Drug Charge Attorney will contact the filing attorney and point to possible search and seizure violations by the investigating officers and other factual weaknesses in the case and argue to have the case dismissed or filed as a lesser charge.

Broward Drug Crimes Lawyer, Dave Simmons, is committed to providing his clients with experienced and skilled representation including the following drug offenses:

• Drug Possession
• Possession with Intent to Distribute
• Drug Trafficking

Some of the most commonly charged crimes in Florida involving possession of controlled substances and the applicable penalties include the following:

• Possession Cannabis (Marijuana) Less than 20g: is defined by Fla. Stat as a First Degree Misdemeanor and is punishable by a maximum penalty of (1) year of probation; 364 Days County Jail; and up to a $1,000.00 fine.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Cannabis shall have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
• Possession Cannabis 20g or more: is classified by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of probation; (5) years in Florida State Prison; and up to a 5,000.00 fine.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Cannabis shall have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
• Possession Cocaine: is defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Cocaine shall have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
• Possession Oxycodone Less than 4g: is defined by Fla. Stat. as a Third Degree Felony to possess less than four grams of Oxycodone without a valid prescription. As a Third Degree Felony, the charge is punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Oxycodone will have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
  • It is important to note that the law allows for the entire pill to be weighed, not just the amount of Oxycodone in the pill, and if the total number of pills possessed weighs more than 10 grams, the charge would be elevated to the much more serious offense of Trafficking and subject to Florida’s Minimum-Mandatory Prison Sentence.
• Possession of Hydrocodone Less than 4g: is defined by Fla. Stat. as a Third Degree Felony to possess less than four grams of Oxycodone without a valid prescription. Hydrocodone is the generic name for brands such as Vicodin, Lortab and others. As a Third Degree Felony, the charge is punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Cocaine shall have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
  • It is important to note that the law allows for the entire pill to be weighed, not just the amount of Hydrocodone in the pill, and if the total number of pills possessed weighs more than 10 grams, the charge would be elevated to the much more serious offense of Trafficking and subject to Florida’s Minimum-Mandatory Prison Sentence.
• Possession of MDMA (Ecstasy, Molly) Less than 10g: stands for 3,4Methylenedioxyamphetamine and is defined as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of MDMA will have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
  • It is important to note that the law allows for the entire pill to be weighed, not just the amount of MDMA in the pill, and if the total number of pills possessed weighs more than 10 grams, the charge would be elevated to the much more serious offense of Trafficking and subject to Florida’s Minimum-Mandatory Prison Sentence.
• Possession of Alprazolam (Xanax): defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Alprazolam will have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
• Possession of Synthetic Drugs Less than 3g: is defined as a First Degree Misdemeanor and is punishable by a maximum penalty of (1) year of probation; 364 Days County Jail; and up to a $1,000.00 fine.
• Possession of Synthetic Drugs more than 3g: is defined by Fla. Stat. as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Synthetic Drugs will have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.
• Possession of Methamphetamine 14g or less: is defined as a Third Degree Felony punishable by a maximum penalty of (5) years of Probation; up to a $5,000.00; and (5) years Florida State Prison.
  • Pursuant to Fla. Stat. 322.055 any person who is convicted of Possession of Methamphetamine shall have their Driver’s License revoked for a period of (1) year by the Florida DHSMV.

The Law Offices of Dave L. Simmons, P.A.
“Defending Your Drug Charge in Court.”

REPRESENTATION BY AN EXPERIENCED
FORT LAUDERDALE DRUGS CRIMES ATTORNEY

If you have been charged with any of the above-related offenses by way of an arrest or notice to appear in court, you may feel overwhelmed by the situation. As an experienced Drug Crimes Lawyer it is the goal of the Law Offices of Dave L. Simmons, P.A. to have your case dismissed or the charges reduced to a lesser offense by utilizing various defense strategies including:

• Illegal Search and Seizure without a Warrant: The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures and generally requires a warrant signed by a Judge based on probable cause for a search and seizure to be lawful. However, there are exceptions to this general rule. Often in their attempt to ferret out crime, police officers infringe on citizens’ fourth amendment rights against unlawful searches and seizure without a warrant, the most often encountered search and seizure. Police officers cannot stop or detain individuals for any reason. An officer must have “Reasonable Suspicion” to detain an individual and probable cause to effectuate an arrest.
  • Reasonable Suspicion is defined by the Courts as information which is sufficient to cause a reasonable law enforcement officer taking into account his or her training to reasonably believe that the person being detained is, was, or was about to involved in criminal activity. The officer must be able to articulate more than suspicion or a hunch of criminal activity.
  A common example of when an officer is in conflict with this “Reasonable Suspicion” standard is when an officer pulls a motor vehicle driver over for a simple traffic violation. Many times, the officer’s stop is not lawful because the Driver did not actually commit the traffic violation. Police officers often make mistakes based on fact or law. An experienced Ft. Lauderdale Criminal Defense Attorney will be able to evaluate the case and the fact pattern and see potential problems with the police investigation.
• Motion to Suppress: an evidentiary hearing before the Court, could be filed in such a case. If the Court finds that the officer violated your constitutional rights, the Court would than “suppress the evidence” and preclude the State Attorney’s Office from utilizing the evidence in their case. This suppression of the evidence, known as the “Exclusionary Rule” is a very compelling ruling by the Court and often leads to the case being dismissed or the charges reduced. This type pf motion practice is invaluable to a skilled Broward Drug Charge Attorney.
• Lack of Evidence: The law requires the State to prove Possession a Controlled Substance in one of two ways: (1) Actual Possession; (2) Constructive Possession. Actual possession occurs when the controlled substance is found on his or hers’ person. Constructive Possession requires the State to prove that the controlled substance presence is within the knowledge of a person and that the individual has dominion and control of the controlled substance. Constructive Possession is a more difficult standard for the State to prove their case.A classic example is when a driver or passenger of a vehicle is charged with possession of a controlled substance found under the seat by law enforcement. The State may attempt to prove constructive possession. However, proximity alone is not sufficient to prove constructive possession. The State would be required to show other evidence such as a confession to secure a conviction.
• No Consent to Search: Another avenue police officers purse to conduct a warrantless search is through consent. When given proper consent, an officer may conduct a search without a warrant. The consent must come from someone authorized to give consent and the search must be within scope of the consent. However, officers often use “a show of authority” to obtain this consent. If the consent is not freely and voluntarily given, it is unlawfully obtained and subject to suppression. A skilled and experienced Ft. Lauderdale Drug Possession Attorney will evaluate your case looking for this defense.
• Pre-Trial Diversion Programs: These are programs that allow for the dismissal of your case based upon successful admittance and completion of the program. These programs are operated by the State Attorney’s office and are generally, but not exclusively, reserved for first time, nonviolent offenders. In Broward County these programs include:
  • MDP: A misdemeanor diversion program.
  • Pre-Trial Intervention: A felony diversion program.
  • Drug Court: Both misdemeanor and felony diversion programs.
• Substantial Assistance: Although not a direct defense, substantial assistance is often utilized in Trafficking Cases to avoid or reduce the minimum-mandatory sentencing mandated by The State of Florida Sentencing Guidelines. Substantial Assistance is a “Contract” between the sentenced Defendant to provide assistance to law enforcement in the arrest, identification and conviction of other individuals engaged in trafficking in controlled substances. A skilled and experienced criminal defense attorney is paramount when this remedy is used to mitigate these type of sentences; a contract of services to law enforcement is negotiated with the State Attorney and is strictly enforced.

If you have been charged with a drug crime in Broward County, contact Fort Lauderdale Criminal Defense Attorney, Dave Simmons, at the Law Offices of Dave L. Simmons, P.A. at (954) 765-3540