Orlando Drug Crimes Lawyer

Defense for Drug Offenses in Florida

Katz & Phillips defends people charged with drug crimes in Orlando, including possession, distribution, trafficking, cultivation, transportation, and prescription drug offenses. A drug crime arrest is serious even when the amount is small. You may be under investigation before you know you’re a suspect, and once you’re formally charged, you can expect intense prosecution.

To protect your rights throughout the process, speak with an Orlando drug crime defense attorney at Katz & Phillips as early as you can. We work to protect your rights and pursue a resolution supported by the facts and the law.

Call us at (321) 425-8961 to discuss your situation with an Orlando drug defense attorney.

Drug Offenses We Defend in Orlando

We defend the full range of Florida drug charges, including:

• Drug possession
• Possession with intent to sell
• Drug distribution and drug sales
• Drug trafficking
• Drug transportation
• Marijuana cultivation and manufacturing
• Prescription drug offenses
• Charges involving a specific drug, such as cocaine, heroin, or ecstasy

If your charge involves driving after taking drugs or prescription medication, see our Drug-Related DUI page.

Common Drug Crime Scenarios

Penalties can be severe even when the amount is small and the person has no connection to a trafficking operation.

You might be a college student arrested after police saw marijuana in your dorm room. You might have been driving with a friend when an officer pulled you over and arrested you after seeing a packet of cocaine by the passenger seat.

A group of people at a party might have been taking a so-called “party drug” such as Adderall. Allegations involving prescription medication can depend on who held the prescription, what was transferred, and the conduct the State claims occurred.

Whatever the scenario, a drug arrest deserves a serious response. A charge that looks minor can still carry harsh penalties, and drugs found in a shared car, home, or dorm room can raise questions about whether the State can connect them to you.

What to Do After Being Charged with a Drug Crime

Being charged isn’t the same as being convicted. Don’t try to leave the area. It also helps to understand when a drug search is legal in Florida, because an unlawful search may affect the case against you.

What you say and do after an arrest can affect the outcome, so stay calm and don’t sign anything. Other than stating your name, don’t answer questions without your attorney. You have a constitutional right to remain silent, and you should use it. Call a lawyer right away.

Early legal representation gives your lawyer more time to protect your interests, even if you haven’t been charged but have learned that you’re under investigation. Our Orlando defense attorneys can advise you before a police interview or formal charge.

Florida law generally requires a first appearance hearing within 24 hours after an arrest. At that hearing, a judge reviews probable cause, advises you of the charge, and addresses conditions of release, including bail. Early representation also gives your attorney time to review the arrest, preserve relevant evidence, and advise you before any police interview.

Our attorneys have also worked on the prosecution’s side. That gives us a working understanding of how prosecutors approach a drug case and what strategies they’re likely to use.

Florida Drug Crimes & Penalties

Penalties depend on the drug, the amount, the alleged conduct, and the statute charged. A conviction can bring heavy fines, probation, community service, mandatory drug treatment or counseling, and possible prison time. For more, read “ What are Florida drug charges and penalties?”

Distribution

Drug distribution penalties increase in severity depending on the type and quantity of the drug. Marijuana distribution, for example, is usually penalized less harshly than cases involving cocaine or heroin. See our drug distribution lawyer page for more on sales charges.

Heroin distribution can carry extremely stiff penalties because it’s considered one of the more dangerous drugs in circulation. If you’re in possession of 4 to 14 grams and an officer believes you were trying to sell it, that could result in a mandatory three-year term of imprisonment and a fine of $50,000.

These terms and fines increase with the amount in possession, reaching a minimum of 25 years in prison and a fine of $500,000.

Possession

A drug possession charge in Florida puts a lot at stake, especially when the State alleges possession with intent to sell. Under Florida Statute 893.13(6)(a), possession of most controlled substances is a third-degree felony. Possession of 20 grams or less of cannabis is generally a first-degree misdemeanor.

Penalties for a cocaine-related conviction can be steep, even in a simple possession case. Possession itself is a third-degree felony punishable by up to five years in prison or probation and a fine of $5,000. Upon conviction, your driver’s license can also be suspended.

Trafficking

Drug trafficking can be prosecuted under state or federal law. State penalties differ according to the drug and the amount. For example:

• Cocaine: Under Florida’s 2025 trafficking schedule, an offense involving 100 grams or more but less than 200 grams carries a mandatory seven-year prison term and a fine of $100,000. An offense involving 200 grams or more carries a mandatory 15-year prison term and a fine of $500,000.
• Heroin: For trafficking between 28 grams and 30 kilograms, you could face at least 25 years in prison and a fine of $500,000.
• Marijuana: For trafficking of 2,000 to 10,000 pounds, or 2,000 to 10,000 plants, the required prison term is seven years, and the fine could be $50,000.

For a full discussion of these charges, see our drug trafficking lawyer page. Trafficking charges can also be prosecuted federally; see our federal crimes defense page.

Drug Paraphernalia

Florida law prohibits using or possessing drug paraphernalia with the intent to use it to plant, manufacture, store, conceal, or introduce a controlled substance into the body. It also prohibits delivering, possessing with intent to deliver, or manufacturing with intent to deliver paraphernalia when a person reasonably should know how it’ll be used.

An adult who delivers drug paraphernalia to someone under 18 commits a second-degree felony. Drug paraphernalia is also treated as contraband subject to civil forfeiture.

Orange County Adult Drug Court

Orange County Adult Drug Court provides treatment-based diversion for eligible drug offenders at the Orange County Courthouse. The program generally addresses first-time possession or purchase charges, but participation requires approval from the State Attorney and depends on the applicant’s record and current charge.

A prior history involving sale or delivery can disqualify an applicant, and trafficking charges aren’t eligible for this diversion alternative. We evaluate the charge and available records before advising whether drug court or another treatment-based option should be pursued.

Brief Overview of Drug Schedules

Penalties often track a drug’s schedule. Trafficking a Schedule I drug, for example, carries penalties similar to those for other Schedule I substances and more severe penalties than trafficking a Schedule V drug.

The schedules, from Schedule V (lowest potential for abuse) to Schedule I (highest):

• Schedule V: Low potential for abuse paired with a widely accepted medical use. This could include a cough suppressant with a low level of codeine.
• Schedule IV: Low misuse potential, but more than Schedule V. These substances have a currently accepted medical use. Examples include Xanax, Valium, and Klonopin.
• Schedule III: These substances have less misuse potential than those in Schedules I and II, have a currently accepted medical use, and may lead to physical dependence or damage. Examples include anabolic steroids, testosterone, and androsterone.
• Schedule II: These substances have a high risk of misuse and accepted but severely restricted medical uses. Examples include cocaine, opium, oxycodone, and morphine.
• Schedule I: These drugs are considered the most dangerous, have the highest misuse potential, and currently don’t have any accepted medical use. Examples include heroin, marijuana, peyote, and ecstasy.

How We Defend Drug Charges in Orlando

A drug case usually turns on how the evidence was collected and what the State can prove. Our attorneys review the police report, the stop and search, and the evidence provided in discovery before recommending a strategy.

• The stop and the search. Whether police had a lawful basis to stop you, search your car or home, or make the arrest can affect what evidence the State is allowed to use. Read more: Are drug searches legal in Florida?
• Whose drugs they were. Possession cases often depend on whether the State can connect you to the drugs, particularly when they were found in a shared car, home, or room. Read more: What’s constructive drug possession?
• Treatment-based options. In some cases, a program such as drug court may be available. Read more: What’s the drug court program?
• Negotiation. Where the evidence supports it, our attorneys may be able to negotiate reduced or dismissed charges.

Across our practice, our review of the State’s evidence has uncovered problems in police investigations that led to dismissals. See our case results.

Entrapment in Drug Investigations

An undercover investigation doesn’t automatically establish entrapment. Under Florida law, entrapment occurs when law enforcement uses persuasion or inducement that creates a substantial risk that someone who wasn’t otherwise ready to commit the offense would do so.

The accused must prove entrapment by a preponderance of the evidence, meaning it’s more likely than not that entrapment occurred. The trier of fact decides the issue, and a person who proves the statutory defense must be acquitted.

Why Hire an Orlando Drug Crime Defense Attorney?

• Understanding the court system. The Orlando criminal defense attorneys at Katz & Phillips know the local court system. Our prosecution-side experience also informs how we evaluate the State’s evidence and anticipated arguments.
• Working in your best interests. Your attorney pursues a result supported by your case and keeps you informed throughout the process.
• Experience. Our founding attorneys bring more than 50 years of combined experience in criminal matters, and we tailor each strategy to the charge, evidence, and circumstances.

Meet the Attorneys Handling Drug Cases

David S. Katz, Founding Partner. A former Assistant State Attorney with the Seminole County State Attorney’s Office, David Katz prosecuted cases in both Orange and Seminole Counties before opening the firm. He is on the Board of Directors and faculty of the National College for DUI Defense, is rated AV Preeminent by Martindale-Hubbell, and has been named a Super Lawyer from 2019 to the present.

James D. Phillips, Founding Partner. A former Assistant State Attorney for the 1st and 18th Judicial Circuits, James Phillips prosecuted more than 3,000 cases. His defense practice includes DUI and major felonies, and he represents people accused of misdemeanors and felonies, including drug crimes, in state and federal court. He is admitted in Florida and Tennessee and to the U.S. Court of Appeals for the Eleventh Circuit and the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida and the Southern District of Texas. He is a member of the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, and the Central Florida Association of Criminal Defense Lawyers.

Mr. Katz and Mr. Phillips are board-certified in DUI Defense by the National College for DUI Defense, which is accredited by the American Bar Association. That certification is in DUI defense, not drug crimes, and it isn’t a Florida Bar certification.

Meet the rest of our defense team.

Frequently Asked Questions About Orlando Drug Charges

These answers address several immediate concerns that can arise after an investigation or arrest.

What Penalties Can a Drug Conviction Carry in Florida?

The penalties depend on the controlled substance, its quantity, the alleged conduct, and the statute charged. They can include fines, probation, community service, drug treatment or counseling, driver’s license consequences, and prison. Trafficking allegations can also carry mandatory terms based on the substance and weight.

Can I Be Charged with Distribution for Giving a Friend One of My Prescription Pills?

Yes. The allegation doesn’t depend on whether money changed hands. Even when the person has a valid prescription, handing one pill to another person is still considered felony distribution of a controlled substance.

Should I Answer Police Questions If I Think I Am Under Investigation?

No. Other than stating your name, don’t answer questions. You have a constitutional right to remain silent, and you should talk to a lawyer even if you haven’t been charged.

Do I Need a Lawyer for a Small Drug Charge?

A small amount doesn’t mean a small penalty. Penalties can be severe even when the amount is small, and an attorney can review the stop, the search, and the evidence before you decide how to proceed. Even if you plan to plead guilty, speak with a lawyer first.

Is the First Consultation Free & Can I Pay Over Time?

Yes. Katz & Phillips offers free consultations, and we offer financing with no credit check required. You can get pre-approved for financing or contact us to schedule your consultation.

Contact Our Drug Crime Defense Law Firm in Orlando

From a first marijuana possession charge to a case involving a prescription drug, the lawyer you choose can shape how your case is investigated and defended. We have the resources to investigate your charges fully and build a defense around the facts of your case. A drug case can have a lasting effect on the rest of your life, and we work to provide a defense.

We offer free consultations and financing with no credit check required. You can get pre-approved for financing or contact us to schedule your consultation.

Contact an Orlando drug crime attorney at Katz & Phillips today by calling (321) 425-8961.