Ft. Lauderdale drug arrests can be overwhelming, especially if you are a first-time offender. Navigating the arrest process alone can be a difficult and stressful experience. An attorney can help individuals facing drug charges by advocating for them. If you have been arrested for a drug offense, speak to a determined drug lawyer that can work with you to build your defense.
Arrest Procedure For Drug Offenses
There are typically two separate ways or avenues in which an individual could face Ft. Lauderdale drug arrests. One is based on probable cause from a police officer in Fort Lauderdale where they typically observe facts and circumstances at the scene based on personal knowledge and they physically make an arrest at the scene of a traffic stop or other encounter. The other typical type of arrest in a drug-related case in Fort Lauderdale is where a judge issues an arrest warrant after an application by a law enforcement officer.
Duration of Arrest
During Ft. Lauderdale drug arrests, most individuals are taken into custody, booked, and given a bond amount immediately without having to see the magistrate. Typically, they will be in custody around eight to 12 hours. That is the average amount of time an individual remains in custody until their bond is posted. Usually, after the arrest process, the state attorney’s office would look at the case that is presented to them by the Fort Lauderdale Police Department to determine if any charges would be filed. If any charges were filed, the case would be scheduled in Fort Lauderdale in Broward County and be scheduled for an arraignment or the first hearing on a criminal charge, whereby charges have been filed.
Bond for Ft. Lauderdale Drug Arrests
Most individuals would be given a reasonable bond based on a schedule or a standard that has been in place for a number of years in Fort Lauderdale. Then the individual would be given an opportunity to raise the funds to have the bond posted either on their own or through a family member, or if the funds cannot be raised by an individual, they can seek the services of a bondsman or a bail bond company.
Most bail bondsman charge ten percent of the bond as their fee. The bail bondsman would put up the bond with their funds, more often than not requiring collateral to cover the amount of money that the bondsman would be putting up for the individual.
Defining Factors Increasing the Urgency of an Arrest
In Florida, specifically Fort Lauderdale, law enforcement could consider the location of the alleged offense as an aggravating factor. Proximity to a school, daycare facility, church, or other religious facility and whether or not children were around the area can impact the urgency of Ft. Lauderdale drug arrests. Individuals that have a prior criminal history or are known to law enforcement for drug-related offenses or any other offenses would be aggravating factors in a drug-related case.
Other ties to criminal activity, criminal organizations, gangs, and related affiliations as well as the nature and scope are factors. For example, sale or delivery would be a much more aggravating action than being accused of simple possession. Possession of a large amount would appear that an individual had the intent to sell or distribute those drugs and would shine a brighter light on that individual. This could lead to a law enforcement officer, judge or jury to believe that they are involved in the trade or sale of drugs or narcotics. Drug trafficking, importation, or smuggling would be very high aggravating factors with respect to drug-related cases in Fort Lauderdale.
How Type and Quantity of a Drug Affect Drug Charges
The types of drugs discovered on a person’s person greatly affect the charge. In Florida, there are five different schedules. Depending upon where on the schedule a drug falls will determine the severity of the charge, ranging from misdemeanor to a first-degree felony. Where it falls on the schedule will dictate how serious or not the offense is and therefore, would dictate what the bond is going to be. The more serious the offense is the higher the bond and the greater the potential penalty.
When talking about particular types of drugs, the higher amount that somebody is in possession of, whether it is by weight, the amount of plants in a marijuana situation, or the amount of pills or weight of the pills would greatly affect the charges that the individual is being arrested for and how high the bond amount would be. More serious offenses with respect to drug-related cases in Fort Lauderdale involve monetary bond, house arrest, and an electric monitor.
Conditions of Release
Potentially as a condition of release, a lot of judges require the surrender of their passport. Some judges will conduct a hearing to determine the source of the funds used to post the bond to determine whether they are being derived from a lawful source or whether they are potentially derived from criminal activity.
The more serious offenses involving drugs that are on the higher schedule of severity are offenses that deal with large amounts of drugs. An individual’s release could be delayed before they are able to have their bond secured as a result of these particular hearings. Certain cases just have significantly high bonds. In a lot of cases, a motion will be filed to have that bond reduced and to have a judge take a closer look at the facts and circumstances to determine what a fair and reasonable bond should be. If you have been charged with a drug crime, contact a qualified drug lawyer that has dealt with Ft. Lauderdale drug arrests before, and can help you navigate your arrest and subsequent trial.