Vero Beach Drug Charges Lawyer

Drug Court and Veterans Treatment Court in Indian River County

The Nineteenth Judicial Circuit runs judicially supervised treatment programs for people charged with drug offenses.

Indian River County Adult Drug Court is open to non-violent defendants with a substance use disorder.  There are two ways to participate in the program:

• Diversion upon entering a plea.  For those eligible by statute, the plea is held.  If you successfully complete the program, then the plea can be  withdrawn so the charges can be dismissed.
• As a condition of probation.  You are sentenced first, then ordered into the program.  Completing the program does not dismiss the charges, though early termination of probation may be considered.

The Veterans Treatment Court, is a court-supervised treatment program for veterans who are involved in the criminal justice system, particularly when there are issues with substance abuse or mental health.  Entry into Drug Court or the Veterans Treatment Court is not automatic.  The judge makes the final decision following recommendations from the State Attorney, defense counsel, probation, and the treatment team.  

Potential Defenses in Florida Drug Cases

There are many potential defenses in drug cases such as:

The stop, the search, and the warrant

Many drug cases begin with a traffic stop, a knock on a door, or a consent search and there are specific requirements governing these actions.  For example, was there a lawful reason for the stop?  Did the stop last longer than the reason that justified it?  Was consent to search freely given, or was it given by someone with no authority to give it?  Was the warrant’s affidavit accurate?  Was there probable cause for the search?  Critically questioning the government’s cases is essential because evidence obtained in violation of the Fourth Amendment can be suppressed, which can result in case dismissal.

Constructive possession

If the drugs were not on you, the government has to prove you knew the controlled substances were present and you exercised control or ownership over it.  Drugs found in a shared car, a shared apartment, or a friend’s bag raise evidentiary issues concerning constructive possession law.  Mere presence near controlled substances is not possession and juries must be properly instructed.

Identification of the substance

Field tests are presumptive, not conclusive, and they can produce false positives on ordinary substances.

Weight, chain of custody, and lab procedure

In a trafficking case, the quantity of the controlled substance matters because it can significantly increase a prison sentence.  Accordingly, there are many factors to consider about the alleged quantity, such as: how the substance was weighed; was the packaging included in the weight; were multiple items aggregated correctly; was the scale calibrated; and what was the chain of custody of evidence between the arrest and the lab.

Confidential informants and controlled buys

Informants often are biased because they work for money or a reduction on their own charges.  Further, controlled buys have protocols on recording, searching the informant, and marking the funds.  Thus, it is critical to effectively cross-examine an informant concerning bias and to ensure the police strictly followed the proper procedures.

The Consequences That Do Not Show Up in the Arrest Report

A drug conviction in Florida can have additional consequences after the court case has concluded:

• Driver’s license.  A conviction for possession, sale, or trafficking of a controlled substance triggers a driver’s license suspension under Florida Statute 322.055, whether or not a car was involved.  The court may direct a business purpose only license where compelling circumstances warrant it.
• Adjudication. A withhold of adjudication means the court finds the evidence sufficient but does not formally convict you.  For many first-time offenders, this is a potential objective because it allows a person to respond NO when an employment application asks whether you have been convicted of a crime, and it makes a later sealing of the record possible.
• Sealing and expungement.  Florida allows certain drug offenses to be sealed if adjudication was withheld and you have no prior convictions.  However, trafficking under Florida Statute 893.135 is on the statutory list of offenses that cannot be sealed.
• Employment and licensing.  Nursing, education, real estate, commercial driving, and every state-licensed trade run background checks and have their own reporting duties.  A drug conviction can suspend a Florida professional license.
• Immigration.  For anyone who is not a United States citizen, a controlled substance offense can affect your immigration status.  Even a withhold of adjudication can impact federal immigration eligibility.  Notify your lawyer about your immigration status at the first meeting.
• Firearms, housing, and student aid.  A felony conviction generally ends your firearm rights in Florida until those rights are restored.  Further, drug convictions have consequences concerning public housing and federal student aid.