Drug Possession Defense
Possession cases may involve questions about ownership, knowledge, control, illegal searches, constructive possession, and whether law enforcement handled evidence properly.
Challenging the Government’s Case
Hoffman Legal evaluates the legality of the stop, search, detention, statements, lab testing, and chain of custody to identify opportunities to suppress evidence or reduce exposure.
Protecting Your Future
A drug conviction can affect employment, housing, education, and immigration-related concerns. The goal is to pursue the best available outcome while protecting your long-term future.
Discuss Your Case With Hoffman Legal
Get clear guidance before you speak with prosecutors, insurers, or opposing parties.
Free ConsultationFrequently Asked Questions
Answers to common questions David hears from clients. This is general information, not legal advice — every case is different. For guidance on your specific situation, schedule a free consultation.
Is simple possession a felony in Florida?
It depends on the substance and quantity. Possession of under 20 grams of marijuana is a misdemeanor; most other controlled substances — including small amounts of cocaine, methamphetamine, heroin, or unauthorized prescription pills — are third-degree felonies, punishable by up to 5 years in prison.
What does “constructive possession” mean?
Constructive possession is when drugs aren't on your person but the state argues you knew they were there and had the ability to control them — for example, drugs found in a shared car or room. These cases often turn on who else had access and can be challenged.
Can evidence be thrown out if the search was illegal?
Yes. If police searched your car, home, or person without a warrant, consent, or valid exception, a motion to suppress can ask the court to exclude the drugs as evidence. Without the drugs, the state's case often collapses.
Is drug court an option?
Many Florida counties offer drug-court diversion for eligible first-time or non-violent offenders. Successful completion can result in charges being dropped or a lesser outcome, but the programs are demanding and not the right fit for every case.
What about trafficking charges?
Florida's trafficking statutes trigger mandatory minimum sentences based purely on weight, regardless of whether you intended to sell. These cases are serious and require experienced defense from day one.