Broward County Drug Crimes Defense Lawyer

Fort Lauderdale Criminal Defense Attorney Dave L. Simmons Fights to Protect Your Right and Future After a Broward County Drug Crimes Arrest

Are you facing charges for drug crimes in Florida? Being arrested or receiving a notice to appear in court for drug-related offenses can feel overwhelming, especially if it’s your first encounter with the criminal justice system.

Fortunately, you don’t have to face this distressing situation alone.

The Law Offices of Dave L. Simmons, P.A. offers robust defense for clients accused of drug crimes in Broward County. A former prosecutor and public defender, Simmons has represented countless clients in drug cases since going into private practice and founding his Fort Lauderdale-based law firm in 2003. He uses valuable experience and insight from both sides of the docket to protect your rights and future, developing effective defense strategies to secure the best possible outcome.

Recognizing the Importance of Early Representation

Contacting a skilled Broward County drug crimes defense lawyer early in the legal process can have numerous benefits. Here’s why: Though police officers make arrests, they don’t file charges. That task falls to an attorney in the State’s Office, who has the ultimate discretion to determine what charges you’ll face. The earlier you contact our seasoned Fort Lauderdale defense lawyer, the sooner he can start working to protect your rights. Early representation allows Simmons to review your case, raise any potential rights violations or factual weaknesses with the State's filing lawyer, and argue for reduced charges or a dismissal.

For clients facing their first arrest, early representation provides crucial guidance during a confusing and stressful time. We can explain what to expect at each stage of the process, help you avoid common mistakes that could harm your case, and give you peace of mind knowing that an experienced advocate is protecting your interests from the very beginning.

Understanding Florida Drug Crime Charges and Penalties

The Law Offices of Dave L. Simmons, P.A., provides exceptional representation for Broward County clients accused of crimes involving controlled substances. Whether you’re charged with drug possession, possession with intent to distribute, or drug trafficking, our Fort Lauderdale legal team can help.

Drug Possession (Fla. Stat. 322.055)

Drug possession charges can be misdemeanors or felonies, depending on the type and quantity. Penalties range from probation and nearly a year in county jail to up to five years in state prison and fines up to $5,000. Upon conviction, defendants also face a mandatory one-year driver’s license revocation.

Dave L. Simmons represents clients accused of or charged with possessing:

Cannabis
Cocaine
Oxycodone (hydrocodone)
MDMA (Ecstasy/Molly)
Xanax (alprazolam)
Synthetic drugs (bath salts, K2, spice, etc.)
Methamphetamine

Drug Possession With Intent to Distribute (Fla. Stat. 893.13)

The State often elevates simple possession cases to the more serious offense of possession with intent to distribute based on the presence of large quantities of drugs, cash, weapons, paraphernalia, or packing materials. Penalties for possession with intent to distribute range from third-degree felonies carrying up to five years in prison for cannabis to second-degree felonies punishable by up to 15 years of prison time for more dangerous substances like cocaine or heroin. Convictions may also result in professional license suspension and driver's license revocation for one year.

Seeking legal counsel is crucial. Our Fort Lauderdale drug crimes defense attorney can challenge the evidence in your case, advocate for lesser charges, and even fight for dismissal.

Drug Trafficking

Knowingly possessing, selling, or transporting large quantities of controlled substances such as cannabis, cocaine, and oxycodone can lead to drug trafficking charges. Considered the state’s most serious drug crime, Florida imposes harsh mandatory minimum prison sentences, hefty fines, a one-year driver’s license revocation, and professional license suspensions.

For example, trafficking in cannabis (25+ pounds or 300+ plants) is a first-degree felony punishable by up to 30 years in prison, with minimum mandatory sentences ranging from 3 to 15 years, depending on the amount. Similarly, cocaine trafficking (28+ grams) and trafficking in oxycodone or hydrocodone (4+ grams) also carry harsh mandatory minimums based on the drug's weight, with sentences ranging from 3 to 25 years.

What You Should Do if You've Been Arrested for Drug Crimes

Being arrested can be overwhelming, but knowing your rights and taking proper action can significantly impact your case outcome. Follow these crucial steps to protect your interests:

During the Police Encounter

Remain calm and polite, but firmly exercise your right to remain silent
State clearly that you wish to speak with an attorney before answering questions
Do not consent to searches of your person, vehicle, or property
Never physically resist arrest, even if you believe it's unlawful
Remember officer names, badge numbers, and patrol car numbers if possible

During a Police Search

Clearly state "I do not consent to any searches"
Ask if they have a warrant and request to see it
If they conduct a search anyway, do not interfere but continue stating your non-consent
Make mental notes of where officers search and what they handle
Remember that consent must be voluntary - coercion or threats invalidate consent

After Arrest

Exercise your right to remain silent beyond providing basic identifying information
Request an attorney immediately and do not discuss your case with anyone except your lawyer
Do not discuss your case on phone calls from jail - these are recorded
Document everything you remember about the arrest while it's fresh in your memory
Make note of any witnesses who saw the encounter
Do not post about your arrest on social media

Why You Need an Experienced Broward County Drug Crimes Defense Lawyer

At the Law Offices of Dave L. Simmons, P.A., our Fort Lauderdale defense lawyer works to have your drug charges dismissed or reduced through strategic defenses. These include:

Challenging chain of custody. Evidence mishandling can make the difference between conviction and dismissal. We meticulously examine how law enforcement collected, stored, and processed evidence, looking for breaks in the chain of custody that could render evidence inadmissible. From the moment drugs are seized to their testing at the crime lab, every transfer must be properly documented and verified.
Constructive possession defenses. Simply being near drugs doesn't prove possession. We challenge cases where prosecutors can't prove our clients had both knowledge of the drugs and the ability to control them. This is particularly important in cases involving shared spaces like vehicles or apartments where multiple people had access to the area where drugs were found.
Investigating discriminatory practices. Our team thoroughly examines the circumstances of each stop and arrest for evidence of racial profiling or discriminatory enforcement. We review officer history and departmental patterns and compare stop data to expose potential constitutional violations that could lead to case dismissal.
Challenging evidence testing. Field drug tests are notoriously unreliable and can produce false positives. We scrutinize testing procedures and often demand independent laboratory analysis. Our team also examines crime lab protocols, technician qualifications, and testing methods to identify potential flaws in the state's evidence.
Fighting joint possession claims. When multiple people are charged based on drugs found in a shared space, prosecutors must prove who actually possessed the controlled substances. We challenge these cases by demonstrating a lack of exclusive access and control, often successfully arguing for dismissal when the state can't prove individual possession beyond a reasonable doubt.