Fort Lauderdale, Florida

Drug Crimes

Broward County Drug Crimes Lawyer
Fort Lauderdale Drug Crimes Lawyer

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 Possession Lawyer, serving as a former Broward County Prosecutor and former Broward County Public Defender. He has represented hundreds of individuals charged with DRUG CRIMES. The Law Office, conveniently located near the courthouse in downtown Ft. Lauderdale, offers a FREE CONSULTATION so that we may discuss you case in person, and affordable payment plans can be arranged.

Mr. Simmons’ Firm offers skilled and experienced representation in Broward County to individuals charged with Drug Crimes. Florida law essentially divides drugs crimes into 3 subsets: (1) Possession of Controlled Substances; (2) Possession With Intent/Deliver/Purchase of Controlled Substances; and (3) the most serious, Trafficking in Controlled Substances.

Some of the most commonly charged crimes in Florida involving POSSESSION OF CONTROLLED SUBSTANCES INCLUDE:

  • 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 State of Florida views drug abuse as major contributor to criminal activity committed in the state. And as a result of this correlation, the penalties for the sale and distribution of controlled substances are harsh. Some of the most commonly charged crimes involving THE SALE AND DELIVERY OF CONTROLLED SUBSTANCES INCLUDE:

  • Sale or Delivery of Cannabis: defined by Fla. Stat. 893.13(1)(a)(2) when (1) one sells, manufactures, or delivers cannabis; or (2) Possesses cannabis with the intent to sell, manufacture, or deliver cannabis; the Sale or Delivery of Cannabis is classified as a Third Degree Felony and 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 the Sale or Delivery of Cannabis shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

  • Delivery of Cannabis Without Consideration: is defined by Fla. Stat. 893.013(3) and is classified as First Degree Misdemeanor to deliver cannabis without payment and the maximum penalties include: (1) year of probation; 364 County Jail; and up to a $1,000.00 fine.

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of Sale or Delivery of Cannabis shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of the Sale or Delivery of Cannabis will be subject to the immediate suspension of any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

  • Sale or Delivery of Cocaine: is defined by Fla. Stat. 893.13(1)(a)(1), (1) as the selling, manufacturing, or delivery of any amount of cocaine; (2) Possessing any amount of cocaine with the intent to sell, manufacture, or deliver cocaine. The Sale or Delivery of Cocaine is classified as a Second Degree Felony with the maximum penalty of 15 years in Florida State Prison; 15 years of Probation; and up to a $10,000.00 fine.

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Cocaine shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

  • Sale or Delivery of MDMA: is defined by Fla. Stat. 893.13(1)(a)(1), (1) as the selling, manufacturing, or delivery of any amount of MDMA; or (2) possessing any amount of MDMA with the intent to sell, manufacture, or deliver MDMA. The Sale or Delivery of MDMA is classified as a Second Degree Felony and is punishable by a maximum penalty of 15 years in Florida State Prison; 15 years of Probation; and up to a $10,000.00 fine.

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of MDMA shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of the Sale or Delivery of MDMA will be subject to the immediate suspension any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

  • Sale or Delivery of Heroin: is defined by Fla. Stat. 893.13(1)(a)(1), (1) as the selling, manufacturing, or delivery of any amount of heroin or (2) possessing any amount of Heroin with the intent to sell, manufacture, or deliver Heroin. The Sale or Delivery of Heroin is classified as a Second Degree Felony punishable by the maximum penalty of 15 years in Florida State Prison; 15 years of Probation; and up to a $10,000.00 fine.

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Heroin shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of the Sale or Delivery of Heroin will be subject to the immediate suspension any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

  • Sale or Delivery of Methamphetamine: is defined by Fla. Stat. 893.13(1)(a)(1), (1) as selling, manufacturing, or delivery of any amount of Methamphetamine, or (2) Possessing any amount of Methamphetamine with the intent to sell, manufacture, or deliver Methamphetamine. The Sale or Delivery of Methamphetamine is classified as a Second Degree Felony with the maximum penalty of 15 years in Florida State Prison; 15 years of Probation; and up to a $10,000.00 fine.

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Methamphetamine shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of the Sale or Delivery of Methamphetamine will be subject to the immediate suspension of any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

TRAFFICKING IN CONTROLLED SUBSTANCES is the most serious of the drug related crimes and Florida imposes very punitive minimum-mandatory prison sentences for this type of offense. Some of the most commonly charged crimes in Florida involving TRAFFICKING IN CONTROLLED SUBSTANCES INCLUDE:

  • Trafficking in Cannabis: is defined by Fla. Stat. 893.135(1)(a), as knowingly possessing, selling, purchasing, manufacturing, delivering, or transporting, (1) 25 pounds or more of cannabis; or (2) 300 or more cannabis plants. Trafficking in Cannabis is a First Degree felony punishable by a maximum penalty of 30 years Florida State Prison. Florida, however, has implemented minimum-mandatory prison sentences for Drug Trafficking Offenses A person charged with Trafficking in Cannabis faces minimum mandatory prison sentences based on the weight of the Cannabis.

    • Three (3) years Florida State Prison/$25,000 fine for 25 to 1,999 pounds of Cannabis, or 300 to 1,999 cannabis plants.

    • Seven (7) years Florida State Prison/$50,000 fine for 2,000 to 9,999 pounds of cannabis; or 2,000 to 9,999 cannabis plants.

    • Fifteen (15) years Florida State Prison /$200,000 fine for 10,000 pounds or more of cannabis; or 10,000 pounds or more of cannabis; or 10,000 or more cannabis plants.

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Cannabis shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of Trafficking in Cannabis will be subject to the immediate suspension of any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

  • Trafficking in Cocaine: is defined by Fla. Stat. 893.135(1)(b), as knowingly possessing, selling, purchasing, manufacturing, delivering, or transporting, 28g or more of any mixture containing Cocaine. Trafficking in Cocaine is a First Degree Felony punishable by a maximum penalty of 30 years Florida State Prison. Florida, however, has implemented minimum-mandatory prison sentences for Drug Trafficking Offenses A person charged with Trafficking in Cocaine faces minimum mandatory prison sentences based on the total weight of the Cocaine.

    • Three (3) years prison/$50,000 fine for 29 to 199 grams of Cocaine

    • Seven (7) years prison/$100,000 fine for 200 to 399 grams of Cocaine

    • Fifteen (15) years prison/$259,000 fine for 400 grams to 149 kilograms of cocaine

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Cocaine shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of Trafficking in Cocaine will be subject to the immediate suspension of any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

  • Trafficking in Oxycodone: is defined by Fla. Stat. 893.135(1)(c) as knowingly possessing, selling, purchasing, manufacturing, delivering or transporting; 4g or more of any mixture containing Oxycodone. Trafficking in Oxycodone is a First Degree Felony punishable by a maximum penalty of 30 years Florida State Prison. Florida, however, has implemented minimum-mandatory prison sentences for Drug Trafficking Offenses. A person charged with Trafficking in Oxycodone faces minimum mandatory prison sentences based on the weight of the Oxycodone.

    • Three (3) years Florida State Prison/$50.000 fine for 4 to 13 grams of Oxycodone

    • Fifteen (15) years Florida State Prison/$100,000 fine for 14 to 27 grams of Oxycodone

    • Twenty-Five (25) years Florida State Prison/$500,000 fine for 28g to 29 kilograms of Oxycodone

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Cocaine shall have their Driver's License revoked for a period of (1) year by the Florida

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of Trafficking in Oxycodone will be subject to the immediate suspension of any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

  • Trafficking if Hydrocodone: is defined by Fla. Stat. 893.135(1)(c)(1) as knowingly possessing, selling, purchasing, manufacturing, delivering, or transporting; 4g or more of any mixture containing Hydrocodone. Trafficking in Hydrocodone is a First Degree Felony punishable by a maximum penalty of 30 years Florida State Prison. Florida, however, has implemented minimum-mandatory prison sentences for Drug Trafficking Offenses A person charged with Trafficking in Cocaine faces minimum mandatory prison sentences based on the total weight of the Hydrocodone.

    • Three (3) years Florida State Prison/$50.000 fine for 4 to 27 grams of Oxycodone

    • Fifteen (15) years Florida State Prison/$100,000 fine for 14 to 27 grams of Oxycodone

    • Twenty-Five (25) years Florida State Prison/$500,000 fine for 28g to 29 kilograms of Hydrocodone

    • Pursuant to Fla. Stat. 322.055 any person who is convicted of the sale or Delivery of Cocaine shall have their Driver's License revoked for a period of (1) year by the Florida DHSMV.

Professional License Suspension

Pursuant to Fla. Stat. 893.11, any person convicted of Trafficking in Hydrocodone will be subject to the immediate suspension of any Professional License issued by State of Florida that authorizes the practice of a profession or trade.

Law Offices of Dave L. Simmons, P.A.
The Law Offices of Dave L. Simmons, P.A.
"Defending Your Drug Crimes 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 embarrassed and upset at the situation. It is the goal of the Law Office of Dave L. Simmons, P.A. to have your case dismissed or the charges reduced to a lesser offense by utilizing every defense strategy available 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 of 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 practical example of this defense is when multiple individual are present in an area near the location of a controlled substance. A skilled and experienced criminal defense lawyer will pressure the State to prove that the substance belongs to his client and not to the 3 other individuals in close proximity to the substance. The classic example is when multiple occupants of a motor vehicle come into contact with law enforcement. The defense would be (1) lack of knowledge or (2) not in constructive possession of the substance. A skilled Drugs Crimes Attorney in Broward County would evaluate the case and look for all the weaknesses in the State's case in an effort to have the case dismissed or the charges reduced.

  • 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.

In many cases, especially for first time offenders, it is the prospect of having a conviction on ones permanent record that gives the most trepidation to those individuals that are faced with this type of criminal offense. A conviction or even an allegation of a drug allegation can have a devastating impact on your reputation and livelihood.

The Law Offices of Dave L. Simmons, P.A. vigorously defends its clients against a drug crimes conviction and the penalties that accompany the conviction. Take the time to know your rights and defenses surrounding this charge by calling an experienced Ft. Lauderdale Drug Crime Lawyer to set up your free consultation so that we may discuss your case in person: (954) 765-3540.

Client Reviews
★★★★★
"David is an outstanding lawyer. David was most caring on a personal level as well as working on my case. His understanding and honesty was genuine. I would advise you, to call David. He should be the first lawyer you call for your situation. I highly recommend him."
★★★★★
If you're looking for an attorney who actually cares about your case...call Mr. Simmons. I've seen reviews before and some are quite contrived...mine is real. I was a client of his and I will attest to his character and professionalism under oath. Shawn Connors
★★★★★
I highly recommend Dave Simmons to any individual who is in need of a criminal lawyer. He was on top of my case from the very beginning. He was easily accessible by phone and email (even on the weekends!!!) And most importantly he was successful in getting a great resolution to my case. Thank you for everything Dave! Marc Malloy