Florida Drug Charges: Frequently Asked Questions
For anyone facing a drug charge, the days and weeks after the arrest can be a time of uncertainty. To better understand the core legal factors in your case, the best thing you can do is to speak with a drug crime defense lawyer as soon as possible. Below are some of the most common questions people have after being arrested for alleged drug offenses in the Fort Myers area.
I was arrested, but I have not been charged yet. Is there a way I can avoid being charged?
The first thing to understand is that the arrest is just the start of your case. There is a legal process that may involve multiple court hearings, and you have a right to defend against the charge. To get the best possible results, you need an experienced criminal defense attorney on your side. In many of the drug cases we handle at Aiken & O’Halloran, we are able to intervene on behalf of our clients early in the case, securing positive outcomes such as reduced charges, dismissed charges or prevention of the charges from even being filed. But it is important to act quickly. The sooner we can get involved in your case, the sooner we can start protecting your rights and future. Every case is different, but a sample of our case results can give you an idea of the possible outcomes in certain types of drug cases.
Is it possible to get drug evidence thrown out?
Police officers, investigators and prosecutors are not immune to mistakes. Our legal team at Aiken & O’Halloran includes a former prosecutor and a former federal agent. We know how to uncover mistakes on the part of law enforcement in drug crime cases. Often this can lead to drug evidence being suppressed from the court record — in other words, thrown out. Getting evidence thrown out can also lead to charges being reduced or dismissed. For example, search and seizure violations on the part of police may be grounds for getting drug evidence thrown out. Improper lab testing of substances may also be grounds for getting drug evidence thrown out.
They say I committed a felony drug crime. Can I get the charge reduced to a misdemeanor?
In many cases, it is possible to negotiate with prosecutors to get felony drug charges reduced to misdemeanor drug charges. Also, in many cases, it is possible to get charges dismissed or to take steps to prevent charges from even being filed. In all of these scenarios, it is crucial that you put an experienced drug crime defense attorney on your side as soon as possible. Every drug charge case is different, and our attorneys at Aiken & O’Halloran can take a thorough look at your case and determine whether a reduction of charges, a dismissal of charges or a prevention of charges may be possible.
What should I do if I believe I’m under investigation for a drug crime?
Exercise your right to remain silent. Decline to answer police questioning. Contact Aiken & O’Halloran as soon as possible.