If you have ever wondered “How do I beat a felony drug charge?”, you may recognize that you face an uphill battle. Without legal representation, that fight will be even harder. The United States has made it clear for the last few decades that drugs and drug trafficking are going to be punished severely. What started off as local-level enforcement quickly turned into a plethora of federal crimes and punishments intended to staunch the flow of drugs across state and national borders. Florida has become a prime location for federal and state law enforcement attention, clamping down on both commercial trafficking and individual users. Each year we have seen more laws and more punishments aimed at reducing serious drug crime. Unfortunately, many individuals whose offenses were relatively minor have found themselves being punished severely for felonies and in need of an experienced felony drug charge defense attorney.
Many assume that a Florida felony drug attorney simply applies the right formula, does the right things, files the right papers, and the felony drug charge goes away. That’s not true. Beating a felony drug charge involves a lot of experience, knowledge of court rules, understanding of rules of evidence and criminal procedure, and having a keen eye for mistakes made by law enforcement. This takes time and work, so the sooner a felony drug charge defense attorney is retained to defend against felony drug charges, the better.
One strategy focuses on looking carefully at how the case has been handled and the law applied, to detect and benefit from possible errors. This is commonly known as “getting off on a technicality,” but it’s really an admission that a defense attorney was smart enough to find a mistake someone made and use it effectively for a client. The most common technical defenses apply to how law enforcement acted during the arrest and evidence gathering. If these actions can be found as questionable or compromised, then the actions, or even the evidence, can be nullified in court. Sometimes prosecutors are then forced to either drop or reduce the charges or offer a more favorable plea agreement. These “technicalities” include:
The police must not violate the Fourth Amendment’s ban on unreasonable searches and seizures. Yet, every day, agents of the state conduct unreasonable searches and seizures during traffic stops, home calls, and on innocent citizens simply going about their lives.
In most cases, the police need a warrant to conduct a search of a person, a home, a car, or any other location where a person has an expectation of privacy. However, there are exceptions to the warrant rule that allow police to conduct warrantless searches, such as in exigent circumstances. For example, if a house is on fire and a police officer enters the burning building to save its occupants, they can seize contraband, illegal items, and anything else they reasonably believe to be evidence or instruments of criminal activity.
Important clauses of the Fifth and Sixth Amendments are encapsulated in the reading of Miranda rights. These rights are communicated to someone under arrest, detailing that they have the right to remain silent and that they have the right to an attorney. These rights are so entrenched in U.S. jurisprudence that the Supreme Court requires all police officers and other arresting agents of the state to notify arrestees that they are entitled to them. Failure to do so means any statement that the arrestee gives could be ruled inadmissible.
Police sometimes get zealous in their pursuit of drug offenders. And many officers simply go too far in trying to catch potential criminals. Instead of seeking criminal activity, these overreaching officers create criminal situations and entrap unsuspecting individuals in an unlawful sting.
In order for your Florida felony drug attorney to successfully use the defense of entrapment, they must demonstrate that you were not otherwise going to commit the crime and that law enforcement induced, coerced, or encouraged you to commit it. If your felony drug charge defense attorney is successful with this defense, you will be acquitted and avoid a felony drug conviction.
Criminal defendants are guaranteed a trial to decide their cases. However, the state offers plea deals because there are simply not enough prosecutors and courthouses to try every defendant. These deals offer defendants reduced sentences and charges from what they originally faced. The practice is so effective that roughly 2/3 of all criminal cases in Florida are resolved through a plea deal.
If you are facing a felony drug charge, your drug felony defense lawyer will fiercely negotiate the best outcome for your case. If a dismissal is not possible, your drug defense lawyer will work to convince the prosecutor to significantly reduce your charges and penalties. Regardless of how the technicality occurs, if there is one, you can count on our team to find it and use it to your advantage.
In a word, yes, felony drug charges can absolutely be dropped. However, it takes the right expertise and skill. If you’re facing felony drug charges, securing a qualified drug felony defense lawyer is of utmost importance. Once you have representation, your felony drug lawyer will review the facts of your case and quickly identify any grounds for having your charges dropped, which may include:
The prosecutor might also drop the charges if they do not have the resources to devote to your case.
The prosecutor may be threatening you with a worst-case scenario, but your outcome can be significantly different with the right legal team. The drug charge attorneys at Panella Law Firm can help. Every felony drug lawyer on our team can provide you with some of the best strategies and effectiveness in Florida. Call us at 407-233-1822 or email us to connect. Your case matters, and the sooner we can engage, the faster we can begin to build a solid defense to protect your interests.