Not every drug charge leads to a conviction.
If youβve been arrested for drug possession β whether itβs meth, Molly, cocaine, or pills β there are several proven ways to get your case dropped in Florida.
As a criminal defense attorney in Fort Lauderdale, Iβve helped countless clients walk away from third-degree felony charges without a conviction. Hereβs how it happens.
π§Ή 1. Get the Evidence Thrown Out (Suppression)
One of the most effective ways to beat a drug case is through a motion to suppress evidence. This applies when:
Police searched you, your home, or your car without a warrant or probable cause
You were stopped illegally
Your Miranda rights were violated
The search exceeded the scope of the warrant
If the drugs were discovered during an unlawful stop or search, the evidence can be thrown out β and without evidence, the case may be dismissed.
π― 2. Enroll in a Diversion Program
If it’s your first offense, you may qualify for a pretrial diversion program, including:
Drug Court
Broward MDP (if the charge is amended to a misdemeanor)
These programs can lead to full dismissal of charges once you complete the requirements β no conviction, and no trial.
π 3. Negotiate a Charge Reduction
Even if your case isn’t dismissed outright, an experienced defense attorney may be able to:
Reduce the charge to a misdemeanor (e.g., possession of paraphernalia)
Obtain a withhold of adjudication (avoiding a conviction under Florida law)
Structure a plea deal with no jail and record sealing eligibility
This strategy is especially helpful in cases involving minimal drugs, no priors, or doubtful evidence.
π 4. Challenge Constructive Possession
If the drugs weren’t found on your person, but instead in a shared space (e.g., car, house, backpack), prosecutors must prove:
You had control over the area
You knew the drugs were there
π These are often weak points in the case — especially when multiple people were present. Learn more in our post on meth possession and shared spaces.
π 5. Spot Weaknesses in the State’s Case
Third-degree felony drug cases can fall apart due to:
Unreliable lab testing or chain of custody issues
Inconsistent police reports
Missing video or body cam footage
Illegal detention or questioning
A good defense attorney will scrutinize every detail — and may convince the State that the case isn’t worth pursuing.
π‘οΈ The Right Lawyer Can Make the Difference
At Michael White, P.A., we aggressively challenge evidence, negotiate directly with prosecutors, and position your case for the best possible outcome. In many cases, that means getting the charges dropped entirely.
Whether you’re facing felony drug charges in Fort Lauderdale, Broward County, or anywhere in South Florida, weβre ready to fight for you.
π Call for a Free Case Review
π± (954) 270-0769
π¨ Or reach out online
π§Ή Frequently Asked Questions About Getting Drug Charges Dropped in Florida
βοΈ Can drug possession charges really be dropped in Florida?
Yes. Charges can be dismissed if your rights were violated, the evidence is weak, or you qualify for a diversion program like PTI or Drug Court.
π What happens if police searched me illegally?
If police searched you or your car without a valid warrant or probable cause, your lawyer can file a motion to suppress. If granted, the drug evidence may be thrown out β which usually leads to dismissal.
π§ What if the drugs weren’t mine?
You can still be charged under constructive possession, but the State must prove you knew about the drugs and had control over where they were found. This is often a weak point in the case.
π Can first-time drug offenders avoid conviction?
Yes. Many first-time defendants are eligible for diversion or plea deals that avoid a conviction and preserve eligibility for record sealing.
π Can I seal my record if charges are dropped?
Absolutely. If your case is dismissed or you complete a diversion program, you may qualify to expunge the charge from your record under Florida law.