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No Case Is More Important Than Yours

We Have Successfully Defended Thousands Of People Against Drug Charges

If you are convicted of a drug crime, it can hang over you for the rest of your life. For example, it can affect admission to graduate school, employment, credit applications and even your professional status.

You need experienced, vigorous legal help to build a strong defense against drug charges. At Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law, in Jacksonville, we have litigated thousands of drug cases. We examine every element of a drug arrest and fully investigate your case in an effort to get the best possible result for you.

Drug arrests, though, go beyond a criminal charge. A drug arrest can reveal deeper issues with an individual. We try to get to the bottom of the problem and get our clients the help and services they need to avoid future arrests.

The Fourth Amendment Protects All Of Us

At the heart of many drug cases is the search for and seizure of drugs.

The Fourth Amendment says that in order to seize material from a citizen, the government must have a legal search warrant. There are exceptions. One is when the police seek contraband in plain view. Another is if the citizen consents to the search.

Evidence that results from an illegal search should be excluded at trial. For example, if the police search your cellphone without a warrant and use information contained in it to prosecute you, the evidence seized can be excluded as evidence against you at trial. Likewise, if someone records your conversations without a warrant, those conversations are subject to a motion to suppress. For many drug crimes, the exclusion of evidence ends the prosecution. The exclusionary rule is unique to the United States; its purpose is to deter future illegal action by the government.

We have represented clients in hundreds upon hundreds of cases that hinge on possession, search and seizure. We know what to look for, and we know where law enforcement fails to take the steps necessary to obtain legal evidence against you.

What Are The Penalties For Drug Possession In Florida?

Florida imposes a wide range of consequences depending on the specifics of your case. Penalties for drug possession in Florida vary significantly based on several factors:

  • Drug classification: Substances are categorized in “schedules” I-V, with Schedule I (like heroin) carrying the harshest penalties
  • Amount possessed: Larger quantities often trigger trafficking charges with mandatory minimums
  • Prior criminal history: First-time offenders may qualify for diversion programs
  • Location of arrest: Possession near schools or parks can enhance penalties
  • Intent to distribute: Evidence suggesting sales rather than personal use increases severity

For simple possession of small amounts, penalties range from misdemeanors (up to 1 year) to third-degree felonies (up to 5 years). Our attorneys can evaluate your specific situation and identify options to minimize these consequences.

Can Drug Charges Be Expunged From My Record?

Many clients are concerned about the long-term impact of drug charges on their reputation and opportunities. Under certain circumstances, drug charges can be removed from your public record in Florida:

  • First-time offenders who complete diversion programs may qualify for expungement
  • Cases resulting in dismissal or acquittal are generally eligible for expungement
  • Withhold of adjudication may qualify for record sealing, though not complete expungement
  • Some drug convictions may become eligible for sealing after completing all terms of sentencing

The expungement process involves multiple steps and strict eligibility requirements. Our firm can review your case history, determine your eligibility and guide you through the application process to help protect your future opportunities.

What Defenses Are Available For Drug Charges?

Every drug case presents unique opportunities for defense that an experienced attorney can identify and leverage. Beyond Fourth Amendment violations, numerous effective defenses exist for drug charges:

  • Lack of knowledge: You were unaware of the drugs’ presence in your vehicle or residence
  • Constructive possession issues: The prosecution cannot prove you had control over the drugs
  • Lab testing challenges: Questioning the accuracy of substance identification
  • Chain of custody problems: Demonstrating improper handling of evidence
  • Entrapment: Law enforcement induced you to commit a crime you wouldn’t otherwise commit
  • Medical necessity: In certain limited circumstances involving medical marijuana

Our defense attorneys carefully examine every aspect of your case to identify the strongest defense strategy based on the specific circumstances of your arrest and the evidence against you.

Protection Is A Phone Call Away

Being charged with a drug crime does not mean you are guilty. If you have been charged, you need an experienced criminal defense lawyer immediately. The hours and days following your arrest are critical to preserving evidence and protecting your rights.

At Sheppard, White, Kachergus, & DeMaggio, P.A., we have successfully defended thousands of drug cases and understand what’s at stake for your future. Give our Jacksonville office a call anytime at 904-701-0589 or send us an email for a confidential consultation. Our after-hours number is 904-233-2443. Remember, early intervention often leads to better case outcomes.