Orlando Drug Crimes Lawyer

Defense for Drug Offenses in Florida

Katz & Phillips, P.A. defends people charged with drug crimes in Orlando, including possession, distribution, trafficking, cultivation, transportation, and prescription drug offenses. A drug crime arrest is serious even when the amount is small. You may be under investigation before you know you are a suspect, and once you are formally charged, you can expect intense prosecution.

To protect your rights throughout the process, speak with an Orlando drug crime defense attorney at Katz & Phillips, P.A. as early as you can. We work to protect your rights and to resolve your case with the best outcome the facts allow.

Drug Offenses We Defend in Orlando

We defend the full range of Florida drug charges, including:

• Drug possession
• Possession with intent to sell
• Drug distribution and drug sales
• Drug trafficking
• Drug transportation
• Marijuana cultivation and manufacturing
• Prescription drug offenses
• Charges involving a specific drug, such as cocaine, heroin, or ecstasy

If your charge involves driving after taking drugs or prescription medication, see our Drug-Related DUI page.

Common Drug Crime Scenarios

The most common drug charges are possession, distribution, and manufacturing. Penalties can be severe even when the amount is small and even when the person has no connection to a trafficking operation.

You might be a college student who was arrested when police saw some marijuana in your dorm room. You might have been driving with a friend when an officer pulled you over and arrested you because they saw a packet of cocaine by the passenger seat.

A bunch of people at a party might have been taking a so-called “party drug” such as Adderall. Even if a person with a valid prescription hands one pill to another person, that’s still considered a felony distribution of a controlled substance.

Whatever the scenario, a drug arrest deserves a serious response. A charge that looks minor can still carry harsh penalties.

What to Do After Being Charged With a Drug Crime

Being charged is not the same as being convicted, so stay calm. Do not try to leave the area. That will only make matters worse. It also helps to understand when a drug search is legal in Florida, because a search that was not legal may affect the case against you.

Do not sign anything police or anyone else puts in front of you, and do not answer questions. You have a constitutional right to remain silent, and you should use it. Do not make any statement without your attorney present.

Call a lawyer immediately. The sooner you get legal help, the more time your lawyer has to work on your behalf, and that applies even if you have not been charged but have learned you are under investigation. Contact our criminal defense lawyers in Orlando as soon as you can.

Our attorneys have also worked on the prosecution's side. That gives us a working understanding of how prosecutors approach a drug case and what strategies they are likely to use.

Florida Drug Crimes & Penalties

Penalties depend on the drug, the amount, and the charge. A conviction can bring heavy fines, probation, community service, mandatory drug treatment or counseling, and possible prison time.

Distribution

Drug distribution penalties increase in severity depending on the type and quantity of the drug. Marijuana distribution, for example, is usually penalized less harshly than distribution cases involving cocaine or heroin. See our drug distribution lawyer page for more on sales charges.

The distribution of heroin can carry extremely stiff penalties, as it’s considered one of the more dangerous drugs in circulation. If you are in possession of 4 to 14 grams and an officer believes you were trying to sell it, that could result in a mandatory minimum term of imprisonment of three years and a fine of $50,000.

These minimum terms and fines increase based on the amount in possession, going as high as a minimum of 25 years in prison and a fine of $500,000.

Possession

A drug possession charge in Florida puts a lot at stake, especially when the State alleges possession with intent to sell. A conviction may result in imprisonment, probation, drug counseling or rehabilitation, heavy fines, and more.

For instance, penalties involved in a cocaine-related conviction can be very steep, even for cases involving simple possession. Possession itself is a third-degree felony, punishable by up to five years in prison or probation and a $5,000 fine. Upon conviction, you could also lose your driver’s license for up to two years.

Trafficking

Drug trafficking can be prosecuted under Florida law or under federal law. Under Florida law, the penalties differ depending on the drug and the amount. For example:

• Cocaine – For trafficking of more than 400 grams but less than 150 kilograms, the penalties include mandatory imprisonment of 15 years and a fine of $250,000.
• Heroin – For trafficking between 28 grams and 30 kilograms, you could be looking at a minimum prison sentence of 25 years and a $500,000 fine.
• Marijuana – For trafficking of 2,000 to 10,000 pounds and not more than 2,000 plants, the minimum prison sentence is seven years, and the fine could be $50,000

For a full discussion of these charges, see our drug trafficking lawyer page. Trafficking charges can also be prosecuted federally; see our federal crimes defense page.

Brief Overview of Drug Schedules

Penalties often track a drug's schedule. Trafficking a Schedule I drug, for example, carries penalties similar to other Schedule I drugs and more severe penalties than a Schedule V drug.

The schedules, from Schedule V (lowest potential for abuse) to Schedule I (highest):

• Schedule V – Low potential for abuse paired with a widely accepted medical use. This could include a drug such as a cough suppressant with a low level of codeine.
• Schedule IV – Low potential for abuse, but more potential than Schedule V. There’s a medical use that is currently accepted. Examples include Xanax, Valium, Klonopin, and the like.
• Schedule III – These substances have a potential for abuse less than those in Schedules I and II, there’s a currently accepted medical use for them, and abuse of the substance may lead to physical dependence and/or damage. Examples include anabolic steroids, testosterone, and androsterone.
• Schedule II – There is a high potential for abuse, and there are accepted but severely restricted medical uses. Examples include cocaine, opium, oxycodone, and morphine.
• Schedule I – These drugs are considered the most dangerous, have the highest potential for abuse, and currently don’t have any accepted medical use. Examples include heroin, marijuana, peyote, and ecstasy.

How We Defend Drug Charges in Orlando

A drug case usually turns on how the evidence was collected and what the State can prove. Our attorneys review the police report, the stop and search, and the evidence the State provides in discovery before recommending a strategy.

• The stop and the search. Whether police had a lawful basis to stop you, search your car or home, or make the arrest can affect what evidence the State is allowed to use. Read more: Are drug searches legal in Florida?
• Whose drugs they were. Possession cases often depend on whether the State can connect you to the drugs, particularly when they were found in a shared car, home, or room. Read more: What is constructive drug possession?
• Treatment-based options. In some cases, a program such as drug court may be available. Read more: What is the drug court program?
• Negotiation. Where the evidence supports it, our attorneys may be able to negotiate reduced or dismissed charges.

Across our practice, our team's review of the State's evidence has uncovered problems in police investigations that led to dismissals. See our case results.

Why Hire an Orlando Drug Crime Defense Attorney?

• Understanding the court system. The Orlando criminal defense attorneys at Katz & Phillips, P.A. know the local court system and the prosecutors who work in it.
• Working in your best interests. Your attorney works to help you reach the best result in your case, stays in your corner at every turn, and keeps you informed.
• Experience. An attorney with experience knows which strategies tend to work in your specific situation.

Meet the Attorneys Handling Drug Cases

David S. Katz, Founding Partner. A former Assistant State Attorney with the Seminole County State Attorney's Office, David Katz prosecuted cases in both Orange and Seminole Counties before opening the firm. He is on the Board of Directors and faculty of the National College for DUI Defense, is rated AV Preeminent by Martindale-Hubbell, and has been named a Super Lawyer from 2019 to the present.

James D. Phillips, Founding Partner. A former Assistant State Attorney for the 1st and 18th Judicial Circuits, James Phillips prosecuted more than 3,000 cases. His defense practice includes DUI and major felonies, and he represents people accused of misdemeanors and felonies, including drug crimes, in state and federal court. He is admitted in Florida and Tennessee and to the U.S. Court of Appeals for the Eleventh Circuit and the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida and the Southern District of Texas. He is a member of the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, and the Central Florida Association of Criminal Defense Lawyers.

Mr. Katz and Mr. Phillips are board-certified in DUI Defense by the National College for DUI Defense, which is accredited by the American Bar Association. That certification is in DUI defense, not drug crimes, and they are not certified as specialists by the Florida Bar.

Meet the rest of our defense team.

Drug Crime FAQs

Is being charged with a drug crime the same as being convicted?

No. Being charged is not the same as being convicted. What you say and do after an arrest can affect the outcome, so stay calm, do not sign or answer anything without your attorney, and call a lawyer right away.

What penalties can a drug conviction carry in Florida?

Penalties depend on the drug, the amount, and the charge. A conviction can bring heavy fines, probation, community service, mandatory drug treatment or counseling, and possible prison time. Possession of cocaine, for example, is a third-degree felony punishable by up to five years in prison or probation and a $5,000 fine. For more, read “wWhat are Florida drug charges and penalties?”

Can I be charged with distribution for giving a friend one of my prescription pills?

Yes. Even when the person has a valid prescription, handing one pill to another person is still considered felony distribution of a controlled substance.

Should I answer police questions if I think I am under investigation?

No. Other than stating your name, do not answer questions. You have a constitutional right to remain silent, and you should talk to a lawyer even if you have not been charged.

Do I need a lawyer for a small drug charge?

A small amount does not mean a small penalty. Penalties can be severe even when the amount is small, and an attorney can review the stop, the search, and the evidence before you decide how to proceed. Even if you plan to plead guilty, speak with a lawyer first.

Is the first consultation free, and can I pay over time?

Katz & Phillips offers free consultations, and the firm offers financing with no credit check required. You can get pre-approved for financing or contact us to schedule your consultation.

Contact Our Drug Crime Defense Law Firm in Orlando

From a first marijuana possession charge to a case involving a prescription drug, the lawyer you choose can have a large effect on the outcome of your case. Katz & Phillips has the resources to investigate your charges fully and to build a defense around the facts of your case.

We know a drug arrest is stressful, and we provide compassionate, focused legal help in drug cases of every kind, from simple possession to trafficking. A drug case can have a lasting effect on the rest of your life, and we make sure you are never without a defense.

Contact an Orlando drug crime attorney at Katz & Phillips, P.A. today by calling (321) 425-8961.