Ocala Drug Crimes Defense Lawyer

Arrested on a Drug Charge? Take These Steps First

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What you say and do after a drug arrest can limit or protect your options. While you wait to speak with a lawyer:

• Do not explain the drugs. Avoid saying where they came from, whose they were, or why you were there. Ask for a lawyer before answering questions.
• Decline further searches. You can politely refuse consent to search your phone, car, or home. A warrant is a matter for your lawyer to address.
• Record the details of the stop. Write down the time, place, what officers said, whether they asked for consent, and who else was there.
• Comply with release conditions. Drug testing is a common condition, and a violation can create new problems.
• Collect your paperwork. Keep the arrest affidavit, property receipt, case number, and court dates together for your consultation.

Why Choose Defend Ocala?

Straight Answers and Personal Attention

The details that decide a drug case are often the ones only you know, such as who else drove the car or had a key to the room. We ask those questions, explain what the State alleges, and help you understand how each option affects your record.

Experienced Florida Criminal Defense Attorneys

Our founder, Jeffery Higgins, has been licensed in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating, and attorney Brett Kocijan has defended clients since 2001. Defend Ocala handles misdemeanor and felony drug cases, including trafficking. Meet our attorneys to learn more.

Flat Fees, Payment Plans, and No Trial Fee

Defend Ocala works on a flat fee with payment plans available, and we do not charge a separate trial fee. Because your fee stays the same whether the case resolves early or goes to trial, cost does not drive the strategy. We will discuss the fee for your case at your free consultation.

How Are Drug Crimes Charged in Florida?

Chapter 893 of the Florida Statutes governs controlled substances. Florida Statutes § 893.13 prohibits possessing, selling, manufacturing, or delivering a controlled substance without legal authorization, and § 893.03 places each substance into a schedule. The substance, the amount, and the alleged purpose together decide the charge.

The State can prove possession in two ways. Actual possession means the drugs were on you or within your reach. Constructive possession means the State says you knew where the drugs were and could control them, even though they were in a place such as a shared car or home. When others also had access, being close to the drugs is not enough by itself.

Frequently charged drug offenses include:

• Possession of a controlled substance: Usually a third-degree felony, while 20 grams or less of cannabis is a first-degree misdemeanor.
• Sale, delivery, or possession with intent to sell: Generally a second- or third-degree felony, depending on the substance, and more serious near schools and other protected locations.
• Trafficking: Charged under § 893.135 when the weight reaches a threshold set by law, with mandatory prison terms and fines.
• Possession of paraphernalia: Generally a first-degree misdemeanor under § 893.147.

How Much Does Weight Change a Drug Case?

Weight can turn a possession case into a trafficking case. For example, trafficking applies to 28 grams or more of cocaine, 4 grams or more of a mixture containing heroin or fentanyl, and 7 grams or more of oxycodone. The law counts the weight of the entire mixture, so testing and weighing procedures can become central to the defense.

What Happens After a Drug Arrest in Marion County?

A drug case usually begins with an arrest or a notice to appear. Anyone held in custody sees a judge who sets bond and conditions. Cases in Marion and Lake counties are prosecuted by the State Attorney’s Office for Florida’s Fifth Judicial Circuit.

Lab Testing and Discovery

The State generally needs laboratory results, not just a field test or an officer’s opinion, to prove what a substance is. Through discovery, your lawyer can obtain lab reports, chain-of-custody records, video, and warrant documents.

Challenging the Search

If officers violated your constitutional rights during the stop, search, or seizure, your lawyer can ask the court to exclude the evidence. Without the drugs as evidence, the State may not be able to proceed.

Paths to Resolution

Depending on the charge and your record, a case may end in dismissal, a reduced charge, a pretrial intervention or treatment program, a negotiated plea, or a trial. Program eligibility depends on the offense, your history, and each program’s rules, and no result can be guaranteed.

What Are the Penalties for Drug Crimes in Florida?

The sentence a person faces depends on the substance, the amount, the location, prior history, and whether the charge is possession, sale, or trafficking.

Possession Penalties

Possession of 20 grams or less of cannabis carries up to one year in jail and a $1,000 fine. Most other possession charges are third-degree felonies, punishable by up to five years in prison and a $5,000 fine under §§ 775.082 and 775.083.

Sale and Intent to Sell

Sale, delivery, and possession with intent to sell are generally second- or third-degree felonies, depending on the substance. A second-degree felony can bring up to 15 years in prison and a $10,000 fine, and selling certain substances near a school or other protected place can raise the charge to a first-degree felony.

Trafficking Minimums

Trafficking convictions carry mandatory minimum prison terms, and adjudication cannot be withheld. Trafficking in 28 to less than 200 grams of cocaine carries a three-year minimum and a $50,000 fine, and trafficking in 4 to less than 14 grams of fentanyl carries a seven-year minimum and a $50,000 fine. Only the prosecutor can move to reduce the sentence for substantial assistance under § 893.135(4).

A drug conviction can also affect employment, professional licenses, housing, immigration status, and firearm rights. These consequences should be reviewed before accepting any plea.

How We Build a Drug Crime Defense

In many drug cases, the way the evidence was collected matters as much as the evidence itself. Our review covers the stop, the search, the lab work, and the connection between you and the substance.

Examine the Stop and the Search

We look at why officers stopped or approached you, whether any consent was truly voluntary, whether a warrant was valid, and whether searches of a car, phone, or home, including K-9 sniffs, followed the law. Video often shows whether the report is accurate.

Choose the Defense the Evidence Supports

• Illegal search or seizure: Evidence obtained in violation of the Fourth Amendment or the Florida Constitution may be suppressed.
• No knowledge or control: In shared spaces, the State must prove you knew about the drugs and could control them.
• Testing and weight problems: Lab errors, chain-of-custody gaps, and improper weighing can change the charge or the case.
• Lawful prescription: A controlled substance prescribed to you and possessed lawfully is not a crime under § 893.13.
• Entrapment: The defense under § 777.201 may apply when law enforcement induced the offense.

Every case is different. We explain the strengths and weaknesses we see so you can make informed decisions about your defense.

Treatment Programs Are a Different Path Than Traditional Prosecution

Florida law gives some people a treatment-based way to resolve a drug case. Under § 948.08, certain people charged with nonviolent felonies who have a substance abuse problem may qualify for pretrial substance abuse education and treatment intervention, and § 948.16 provides similar options for certain misdemeanor drug and alcohol offenses. Completing a program can lead to dismissal.

These programs have requirements and costs, and they are not the best choice in every case. If the search was unlawful, challenging the evidence may be the stronger path. We can explain whether you may qualify and how the options compare.

Drug Crime FAQs

Office visits by appointment. Call (352) 607-8548