Brian S. Leifert, Esq.
Douglas I. Leifert, Esq.

Ft Lauderdale Drug Possession Lawyer

Fort Lauderdale drug possession is typically viewed as important, if not more important, than some other cases or crimes in the eyes of law enforcement. They are very active with respect to investigation and enforcement of drug-related cases. With any drug accusation, it may be vital to contact a Fort Lauderdale drug possession lawyer who is familiar with the application of local laws on these cases.

The severity really depends on the type of drug, the amount, somebody’s criminal history, whether or not it is a simple possession case, a distribution case, a delivery case, possession with intent, trafficking, or conspiracy. It is important to consult with an experienced drug attorney who can help you deal with a multitude of factors that come into play with respect to the severity of your charge. En Español.

Meaning of Possession

There are two different forms of legal possession. One is called actual possession, meaning somebody is holding the drug or has it in their pocket or on their person. There is the second type called constructive possession, meaning that although the individual does not actually have it on their person, it could be within ready reach and control.

Somebody could possess a drug by constructively possessing it, and more than one person can constructively possess the same drug. That is usually not true with actual possession. When one or more people face charges for constructive holding, a Ft Lauderdale drug possession lawyer can help mitigate those charges.

Common Substance Possession Cases

The most common drug possession findings in Fort Lauderdale are results of traffic stops where police officers ask the individual if they are in possession of any unlawful substances, items, or drugs. Another common way is if the police officers perform a probable cause search without the driver’s permission.

Other examples outside of traffic stops would be a police officer observing a drug transaction taking place as a result of surveillance; they could discover cultivation centers or grow houses, or they could receive an anonymous tip or utilize confidential informants. In a lot of drug cases, a police officer will go to court and get search warrants based on information that was provided to them.

Ft Lauderdale drug possession lawyers have seen many ways that a drug case could begin. If local suspicions were truthful, and the police officers obtained a search warrant, somebody can face a drug possession charge. It depends on where the drugs are found, who was there, and who the home or residence belongs to.

Ft Lauderdale’s Right to Search

Florida has what is called “search incident to a lawful arrest.” This means that if somebody gets arrested for a non-drug-related offense, by law, the police officers can search the individual. For example, somebody gets pulled over and arrested for DUI. As a result of the arrest, the police officer has the right to search that individual as a result of the arrest. If they find any illegal drugs in their pocket, they could be charged with possession as well.

Florida also has what is called “inventory searches.” Using the same scenario of the DUI, if the vehicle is towed to an impound lot, an inventory of the vehicle is performed. If there are drugs found within the car (depending on where they are found and who the car was registered to), it is possible that somebody could face a drug possession charge that way.

Local Drug Interest

Basically, anything found delineated on Schedules I through V which are used by the State of Florida are considered illegal to possess. The Schedules have different degrees of severity and different levels of punishment. Prescription pain medication or opioids have been a particular focus or interest of police officers as a result of a lot of pill mills or Pain Management Centers. Florida has done a pretty good job of regulating and bringing cases against those facilities and the doctors who run them.

As a result of Florida’s success in shutting those pill mills down, there has been a rise in heroin abuse, and there are some synthetic drugs that are being used to replace the opioids which have particular significance in Fort Lauderdale.

Severity of a Drug Charge

There are many factors in a substance case that may impact the severity of a charge such as the nature of the case, what was happening at the time, the amount of the drug possessed and any intent to sell or distribute. A Fort Lauderdale drug possession lawyer has seen the difference in cases based on the amount in of drugs the individual is found with. The larger the amount, the more likely it is local law enforcement will assume the intent to sell.

The amounts dictate the level of seriousness, as well as the type of drug and where it falls on the Drug Schedule. These factors all impact the seriousness of a drug possession charge in Fort Lauderdale.

Leifert & Leifert

Leifert & Leifert



1200 S Pine Island Rd #220 Plantation, FL 33324
(954) 424-7433 954-424-2200

Delray Beach

2160 W Atlantic Ave 2nd Floor Delray Beach, FL 33445
(561) 988-8000 561-988-8100