Metal spoon and glass dish with white powder, suggesting drug possession evidence commonly challenged in Florida felony cases.

βš–οΈ How to Get Third-Degree Drug Charges Dropped in Florida

Not every drug charge leads to a conviction.
If you’ve been arrested for drug possession β€” whether it’s 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, I’ve helped countless clients walk away from third-degree felony charges without a conviction. Here’s how it happens.

🧹 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.

🎯 2. Enroll in a Diversion Program

If it’s your first offense, you may qualify for a pretrial diversion program, including:

These programs can lead to full dismissal of charges once you complete the requirements β€” no conviction, and no trial.

πŸ“‰ 3. Negotiate a Charge Reduction

Even if your case isn’t dismissed outright, an experienced defense attorney may be able to:

This strategy is especially helpful in cases involving minimal drugs, no priors, or doubtful evidence.

πŸ” 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

πŸ‘‰ 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.

πŸ“‹ 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.

πŸ›‘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, we’re ready to fight for you.

πŸ“ž Call for a Free Case Review

πŸ“± (954) 270-0769
πŸ“¨ Or reach out online

🧹 Frequently Asked Questions About Getting Drug Charges Dropped in Florida

βš–οΈ 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.

πŸš” 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.

🧠 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.

πŸ“‰ 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.

πŸ”’ 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.