Fort Lauderdale Drug Crimes Defense Lawyer

Strategic representation for drug offenses in Broward County's 17th Judicial Circuit.

Drug charges in Florida are prosecuted by the Broward County State Attorney's Office, which makes independent charging decisions based on:

• The arrest affidavit and body-worn camera footage
• Laboratory submissions and evidence of intent
• Statements attributed to the accused

An effective defense focuses on:

• How the evidence was obtained and whether it can be suppressed
• Whether constructive possession can be proven beyond a reasonable doubt
• Whether diversion or alternative resolution is available

Attorney Dave L. Simmons is a former Broward County Assistant State Attorney with 27 years of experience defending drug charges in the 17th Judicial Circuit.

Call 954-765-3540 to schedule a free case evaluation directly with Dave Simmons.

How Does Broward County Prosecute Drug Cases?

Drug prosecutions in the 17th Judicial Circuit are handled by the Broward County State Attorney's Office, which reviews every arrest and makes an independent charging decision. The charge at arrest is not always the charge formally filed.

At the filing stage, prosecutors independently evaluate:

• The arrest affidavit
• Body-worn camera footage
• Laboratory submissions
• Any statements attributed to the accused

Possession with intent allegations may be based on:

• Alleged packaging
• Currency
• Digital communications
• Surrounding circumstances

Early defense review may focus on whether the facts truly support an intent charge or are more consistent with simple possession.

The SAO's charging decision is the first critical juncture in a drug case. Early defense involvement can affect how that decision is made.

What Are the Types of Drug Charges in Florida?

Drug offenses prosecuted in Broward County fall under Chapter 893 of the Florida Statutes and into three primary categories:

• Drug Possession — actual or constructive control over a controlled substance
• Possession With Intent to Sell — distribution alleged from circumstantial evidence
• Drug Trafficking — weight-driven charges triggering mandatory minimum sentences

What Is Drug Possession in Florida?

Drug possession means a person had actual or constructive control over a controlled substance.

The State must prove one of two things:

• Actual possession — the substance was found directly on your person
• Constructive possession — you had knowledge of the substance and the ability to exercise control over it

Charges range from first-degree misdemeanor cannabis possession to third-degree felonies for cocaine, opioids, and methamphetamine.

While misdemeanor marijuana possession is generally not being prosecuted in Broward County, the presence or odor of cannabis may still give law enforcement asserted probable cause to search a vehicle or property — leading to the discovery of other controlled substances.

Constructive possession disputes are among the most frequently contested drug charges in the 17th Judicial Circuit. Proximity alone is never enough — the State must establish both awareness and the ability to exercise control.

What Is Possession With Intent to Sell in Florida?

Possession with intent to sell means prosecutors are alleging the drugs were intended for distribution rather than personal use. Intent allegations elevate exposure significantly beyond simple possession.

Prosecutors typically rely on circumstantial indicators rather than direct evidence of a sale:

• Quantity of the substance
• Packaging materials
• Currency found at the scene
• Digital communications
• Statements attributed to the accused

Whether the surrounding evidence truly supports an inference of distribution — rather than personal use — is often the central question. Intent allegations are frequently overcharged and often more vulnerable than they appear.

What Is the Difference Between Drug Possession and Drug Trafficking in Florida?

Drug trafficking is triggered by the weight of the substance — not by evidence of a sale. A person can face trafficking charges based solely on the amount found, even with no evidence of dealing.

Key facts about trafficking charges in Florida:

• Triggered by statutory weight thresholds — not by proof of a sale
• Carry mandatory minimum prison sentences upon conviction
• Can arise from a simple possession arrest when the weight crosses a threshold
• Apply even when the defendant had no knowledge that the amount was sufficient to trigger trafficking

A simple possession arrest can escalate to trafficking unexpectedly — often without the defendant realizing it until charges are formally filed. Understanding how mandatory minimum thresholds work in Florida is critical from the moment of arrest.

What Is a Motion to Suppress in a Drug Case?

A Motion to Suppress is a legal challenge to whether law enforcement obtained evidence lawfully. If granted, that evidence cannot be used against the defendant, and the State's case typically cannot proceed.

Common suppression issues in the 17th Judicial Circuit include:

• Pretextual traffic stops
• Prolonged detentions without reasonable suspicion
• Consent searches following coercive encounters
• Vehicle searches exceeding lawful scope
• Search warrants supported by conclusory or boilerplate affidavits

If critical evidence is suppressed, the prosecution may be left without the foundation necessary to proceed.

Can Drug Charges Be Dismissed Through Diversion in Broward County?

Yes. Broward County offers several diversion programs that can result in full dismissal of drug charges upon successful completion.

Available programs include:

• Misdemeanor Drug Court
• Felony Drug Court (in qualifying cases)
• Pre-Trial Intervention (PTI) for certain third-degree felony offenses
• Other diversion programs administered by the Broward County State Attorney's Office

Eligibility depends on:

• Prior criminal history
• The specific substance involved
• The facts and circumstances of the arrest
• The defendant's background and compliance factors

While Drug Court is an option in some cases, many third-degree felony possession charges may instead be resolved through PTI or other negotiated diversionary resolutions. Successful completion may result in full dismissal of charges. Diversion eligibility in Broward County depends heavily on how the case is positioned from the earliest stage.

Is a Drug Case Always Resolved Through Negotiation?

No. Not every drug case resolves through negotiation. When suppression issues arise or constructive possession allegations are weak, litigation may be necessary.

Defense preparation may include:

• Motion practice and evidentiary hearings
• Depositions of witnesses and law enforcement
• Jury trials in Broward County courts

A case positioned for trial often carries greater leverage in negotiations and resolution discussions.

Collateral Consequences of a Drug Conviction in Florida

A drug conviction in Broward County carries consequences that extend well beyond the courtroom. Depending on the charge and outcome, a conviction may result in:

• Mandatory driver's license suspension — automatic upon conviction, regardless of whether a vehicle was involved
• Professional licensing consequences — regulated professions may initiate disciplinary proceedings
• Employment barriers — drug convictions affect background checks and future job eligibility
• Immigration consequences — certain controlled substance convictions carry significant implications for non-citizens
• Enhanced sentencing exposure — a prior drug conviction increases penalties if new charges arise

Effective defense requires evaluating not only the immediate charge, but the full impact a conviction may have on your record, livelihood, and future.

Frequently Asked Questions Drug Charges in Fort Lauderdale

What is constructive possession under Florida law?

• Constructive possession means the drugs were not found on your person but the State is arguing you still possessed them
• Prosecutors must prove you knew the substance was present and had dominion and control over it
• Proximity alone — being near drugs in a car, a room, or a shared space — is not enough

Can drug charges be dropped if the search was illegal?

• Yes — a Motion to Suppress can be filed if law enforcement violated your Fourth Amendment rights
• An unlawful stop, a warrantless search, or a search that exceeded its lawful scope can all be challenged
• When the drugs are suppressed, the State typically has no case

What is the trafficking threshold for common drugs in Florida?

• Trafficking is triggered by weight, not by evidence of a sale
• Thresholds: 28 grams for cocaine, 4 grams for oxycodone or fentanyl, 14 grams for methamphetamine, 25 pounds for cannabis
• Florida weighs the entire pill — not just the active narcotic content — meaning a possession case can escalate to trafficking unexpectedly

Can a first-time offender avoid conviction for drug charges in Broward County?

• Yes, in many cases
• Broward County operates several pre-trial diversion programs for first-time, nonviolent offenders
• The Misdemeanor Diversion Program, Pre-Trial Intervention, and Drug Court can all result in full dismissal upon completion

How does a former prosecutor help a drug defense case?

• Dave Simmons spent years inside the Broward County State Attorney's Office, charging and prosecuting drug cases
• He knows how evidence is evaluated, how charging decisions are made, and which arguments are most persuasive before Broward County judges
• That inside knowledge is now used exclusively in defense of his clients

Why Fort Lauderdale Clients Trust Dave L. Simmons

Dave L. Simmons is a Fort Lauderdale drug crimes defense attorney and former Broward County prosecutor with over 27 years of experience in the 17th Judicial Circuit. He understands how criminal cases are built, evaluated, and resolved from both sides of the courtroom — and that perspective shapes every defense strategy he brings to his clients.

• Former Broward County Assistant State Attorney
• Former Broward County Assistant Public Defender
• Over 27 years of combined criminal law experience
• Focused exclusively on criminal defense
• Representing clients throughout Fort Lauderdale and Broward County
• When you hire Dave Simmons, you work directly with Dave Simmons — no associates, no handoffs, no surprises

Client Reviews & Professional Recognition

• Over 200+ 5.0 ⭐ reviews across the web from Broward County clients
• Avvo Rating: Superb — the highest rating available, with over 30+ 5.0 ⭐ reviews
• Justia: Perfect "10" Rating
• Martindale-Hubbell Peer Rated 4.9 ⭐
• Featured on Justia, Avvo, and Martindale-Hubbell — among the most trusted attorney directories in the United States
• Florida Bar member in good standing since 1998