A drug charge can feel like the end of the world. The flashing lights in your rearview mirror, the cold handcuffs, and the stark reality of a jail cell create a flood of fear, confusion, and uncertainty. You worry about your job, your family, and your future. The State’s accusations weigh heavily on you, and the system seems designed to make you fail.
At Moses and Rooth Attorneys at Law, we understand the anxiety and pressure you’re facing. We know that good people can end up in challenging situations, and a single charge doesn’t have to define your entire life. Our Kissimmee drug crime lawyers are here to help guide you, offering a clear and strategic approach through the complexities of the legal system and fighting to defend your rights.
How Florida Law Handles Drug Offenses
Florida prosecutes drug crimes aggressively, with penalties that depend on the type and quantity of the substance involved. The State classifies controlled substances into five schedules based on their potential for abuse and accepted medical use as follows:
- Schedule I—substances with a high potential for abuse and no currently accepted medical use, such as heroin, LSD, and ecstasy;
- Schedule II—drugs with a high potential for abuse but with some accepted medical applications, including cocaine, methamphetamine, oxycodone, and fentanyl;
- Schedule III—substances with a moderate potential for abuse and accepted medical uses, like anabolic steroids, ketamine, and codeine;
- Schedule IV—drugs with a lower potential for abuse, such as Xanax, Valium, and Ambien; and
- Schedule V—substances with the lowest potential for abuse, often found in preparations like cough medicines containing codeine.
Charges for possessing, selling, or trafficking substances in Schedules I and II carry the most severe consequences. A conviction can result in lengthy prison sentences, substantial fines, and a permanent criminal record that impacts your ability to find employment, secure housing, and even vote.
Common Drug Charges We Handle
The specifics of a drug charge can vary significantly. Our firm has extensive experience defending clients against a wide range of allegations, including:
- Simple possession of a controlled substance;
- Possession of drug paraphernalia;
- Possession with intent to sell, manufacture, or deliver;
- Drug trafficking;
- Prescription drug fraud; and
- Cultivation or manufacturing of a controlled substance.
Understanding the specific elements the prosecution must prove for your charge is the first step in building a formidable defense.
What Happens After a Drug Arrest in Florida?
The criminal justice process can feel overwhelming, but understanding the steps ahead can help you feel more prepared. Here is how a typical drug arrest case in Kissimmee progresses:
- Taken into custody and booked. After an arrest, law enforcement will process you at the jail and enter your case into the criminal justice system.
- First appearance hearing. Within 24 hours, you appear before a judge, who decides if probable cause existed for your arrest and sets pretrial release conditions, including bond.
- Arraignment. At this stage, you formally enter a plea of guilty, not guilty, or no contest.
- Discovery phase. If you plead not guilty, your defense team receives the prosecution’s evidence, including police reports, lab results, and witness statements. Your attorney may also file motions to suppress illegally obtained evidence or to dismiss charges.
- Resolution or trial. Many cases end in plea agreements, but if negotiations fail, your lawyer presents your defense at trial.
Every stage of the process is critical, and having a skilled Kissimmee criminal defense lawyer with experience in drug crimes guide you from the beginning can make a powerful difference in the outcome.
How a Drug Crime Attorney Can Build Your Defense
Every drug case has unique facts and circumstances, and a thorough investigation often reveals weaknesses in the prosecution’s case. An experienced drug crime defense lawyer knows what to look for when developing an effective strategy for your situation and will explore the following:
- Unlawful search and seizure. The Fourth Amendment protects you from unreasonable searches. If law enforcement searched your person, vehicle, or home without a warrant or probable cause, we can file a motion to exclude that evidence from your case.
- Lack of knowledge or possession. The State must prove you knew the substance was illegal and that you had control over it. We can challenge cases of “constructive possession,” if drugs were found in a place you shared with others, by arguing you were unaware of their presence.
- Issues with evidence handling. We scrutinize the chain of custody to confirm that law enforcement properly collected, stored, and tested the alleged drugs. Any break in this chain can compromise the integrity of the evidence.
- Entrapment. This defense applies if law enforcement induced you to commit a crime you otherwise would not have committed.
- Diversion program eligibility. For some first-time offenders, we can assist you in applying for a pretrial diversion program. Upon successful completion, the State may drop the charges against you.
These are just a few avenues we can pursue to challenge the State’s case and protect your freedom.
The Moses and Rooth Advantage: Client-Focused Advocacy
When you need Kissimmee drug crime lawyers, you deserve representation backed by proven results and trusted recognition. Moses and Rooth attorneys consistently earn recognition for their skill and dedication to criminal defense. We have been honored with inclusion in Florida Super Lawyers, The National Trial Lawyers Top 100, and have earned a superb rating of 10.0 by Avvo. These distinctions reflect our legal ability and our commitment to client-focused advocacy. By choosing Moses and Rooth, you will work with a law firm with decades of proven experience and a track record of recognition that demonstrates our dedication to achieving results for our clients.
Take the First Step Toward Protecting Your Future
A drug charge does not have to ruin your life. You have the right to a powerful defense, and the actions you take now can make all the difference. At Moses and Rooth, we combine strategic planning with early case preparation to build defenses that protect our clients. Let us stand with you and fight for the best possible outcome for your case. Contact Moses and Rooth today to learn how we can help you move forward.