Last Updated: May 4th, 2022 at 4:16 pm
Read Time: 6 Minutes
Two of the most common questions we hear from clients with narcotics offenses are regarding how to beat a felony drug charge and how to beat a drug trafficking charge. If you are currently facing charges for either of these offenses, do not wait to contact a drug offense attorney. Upon conviction for these felony crimes, you can face severe consequences, including many years in prison, the loss of your right to own a firearm, a permanent felony record that impedes your ability to find housing and employment, and much more. Most importantly, you face the possibility of losing valuable time with your family and loved ones due to incarceration.
If you are currently facing felony drug charges in Florida, contact criminal defense attorney Matt Shafran at Weinstein Legal today. There are many defenses available to you and you may be able to avoid the steep consequences that can accompany a conviction. Do not lose hope. You need an aggressive attorney on your side building a case to prove your innocence. Mr. Shafran is that attorney. He works tirelessly, ensuring that you receive the defense you deserve. Contact Weinstein Legal today for a free case evaluation and to get started working on your defense. Call 954-845-0505.
Understanding Your Fourth Amendment Rights
The Fourth Amendment of the United States Constitution is essential in understanding how to beat a felony drug charge or how to beat a drug trafficking charge. Even if law enforcement arrests you after finding narcotics in your possession, they must follow proper protocol and uphold your legal rights. If they do not do so, you may have the chance to get your charges dismissed entirely. An experienced drug charge attorney such as Matt Shafran will know precisely what to look for and what questions to ask when reviewing police reports and documentation from the time of your arrest.
The Fourth Amendment protects every individual against unreasonable searches and seizure. Congress passed the Fourth Amendment on September 25, 1789–it is part of the Bill of Rights and it is at the core of your rights as a United States citizen. No member of law enforcement can violate or override this right. No matter what situation you are in, you remain protected by the Fourth Amendment.
The Amendment officially states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Violation of the Fourth Amendment
Attorneys and judges do find that arrests sometimes violate the Fourth Amendment, and this can be the key when asking how to beat a felony drug charge. All searches and arrests must be supported by probable cause or a valid warrant, signed by a judge.
This applies to searches of your car or vehicle, your home, your personal property, and more. If police find illegal drugs during the course of an unjust search, the courts may have to dismiss your charges entirely. Even a confession that is obtained as part of an illegal search and arrest cannot be admitted to a court of law as evidence.
It is important to note that providing law enforcement officers with consent to search your home or property waives your protection under the Fourth Amendment. If police officers ever ask to search you, and there is no probable cause, you have the right to decline their request and ask that they return with a warrant. Should they ignore this request, it may be grounds for case dismissal.
Deferred Prosecution Programs in the State of Florida
In the state of Florida, defendants may enter into a contract with the courts for what is known as deferred prosecution. Your attorney may advise you that this is the best route to take when asking how to beat a felony drug charge or how to beat a drug trafficking charge.
With a deferred prosecution, you agree to waive your right to a speedy trial and instead postpone prosecution of your case. The State Attorney’s Office must accept this contract and the prosecuting attorney must accept the contract as well.
Under deferred prosecution, the courts will outline a number of stipulations you must follow and criteria that you must meet within a specified time frame. These conditions usually include avoiding involvement with any further criminal activity, paying fines or court costs, and possibly seeking drug and alcohol rehabilitation or counseling.
If you adhere to all of the conditions of the contract, at the end of the specified time frame the courts agree to close your case. This means that you will not have a felony drug conviction on your record. However, if you do violate the terms of the contract, the courts can re-open your case and place you on trial for the offense.
Often, individuals with no criminal history have the best chance at entering a deferred prosecution program. Defense attorneys are the individuals responsible for negotiating this deal with the prosecutor’s office, which is why you need an aggressive criminal defense lawyer such as Matt Shafran fighting on your side to help you beat a felony drug charge.
Pleading Guilty to a Lesser Charge
Another option to consider when looking at how to beat a felony drug charge or how to beat a drug trafficking charge is pleading guilty to a misdemeanor instead. Again, this is something that your attorney will need to negotiate with the prosecutor’s office and it is crucial that you have a lawyer on your side who will not stop fighting for your rights and to get you the best possible outcome in court.
As is with a deferred prosecution program, this may be a more likely option if you do not have an extensive criminal history and are not a repeat offender. However, even if this is a repeat offense, an experienced attorney will still fight on your behalf to have your charges reduced.
Pleading guilty to a lesser charge, particularly a misdemeanor, can significantly improve your outcome in court. You are likely to face less severe penalties, such as less time spent in jail, if any. You are also likely to have to pay less money in fines with a misdemeanor charge, and you will not have to check that you are a convicted felon on any future paperwork. This means that you will not lose your right to vote, you will likely not have to turn in any firearms you own, and finding housing and employment will not be as difficult.
Hiring a Defense Attorney for Felony Drug Charge in Florida
Are you wondering how to beat a felony drug charge or how to beat a drug trafficking charge in the state of Florida? Contact Weinstein Legal today and ask for criminal defense attorney Matt Shafran for a free case evaluation. Mr. Shafran will review the facts of your case and help you determine the next steps to take in your legal battle.
When you hire Matt Shafran at Weinstein Legal you will have an entire team standing behind you each step of the way. Mr. Shafran will handle all negotiations with the prosecutor’s office and the State Attorney’s Office and will immediately begin collecting evidence in your favor to help get your charges dismissed or reduced.
At Weinstein Legal, you will have access to your attorney 24-hours a day, 365-days a year. There is never a time when your call for help will go unanswered and Mr. Shafran will keep you informed of what is happening with your case at all times while working tirelessly to protect your rights. The legal team will review all reports and documentation relating to your arrest to ensure that law enforcement did not violate your Fourth Amendment right.