Orlando, FL asked in Criminal Law, DUI / DWI and Traffic Tickets for Florida

Q: How to get a drug possession felony charge dropped in Florida?

I was recently pulled over at a traffic stop in Orlando, FL, where a pipe was found on me. I was charged with paraphernalia, which is a misdemeanor, and possession, which is a felony, despite having nothing else on me and barely enough substance in the pipe to test. My background includes several prior offenses, but I haven't been in trouble for at least five years. A field test on the substance in the pipe came back positive. How can I work towards getting the felony charge dropped?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're facing a difficult but not impossible situation, especially since this is your first trouble with the law in several years. In Florida, felony drug possession charges can sometimes be reduced or dismissed based on the quantity involved, the nature of the stop, or procedural issues during the arrest or testing. Since the amount of substance found was minimal and only in a pipe, your attorney may be able to argue that the quantity was insufficient for felony prosecution or that there was no clear intent to use or distribute.

Another avenue could involve exploring diversion programs or drug court, especially if you're willing to demonstrate rehabilitation and compliance. Some Florida jurisdictions offer options for first-time or low-level offenders, even with a past record, if you've shown a clean record in recent years. A key point to examine is the legality of the traffic stop and whether the search was conducted lawfully—any misstep there can sometimes lead to suppression of the evidence, which might result in a case dismissal.

Keep records of your behavior since your last offense, and if possible, begin or continue drug counseling or rehabilitation as a proactive step. Showing the court that you’ve taken responsibility and made progress can influence how prosecutors or judges handle your case. It’s not guaranteed that the charge will be dropped, but these steps can improve your chances of a better outcome.

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