Defending Against Drug Charges
Challenging drug possession charges and fighting for reduced or dismissed charges. Serving Miami, Miami-Dade County, and all of Florida.
Fighting Drug Charges,
Protecting Your Future
Illegal Search Defense
Many drug cases in Miami start with a questionable search of a car, home, or person. If the search violated the Fourth Amendment, the evidence can be suppressed.
Diversion & Treatment Options
For eligible clients, drug court and pretrial diversion can lead to dismissal and keep a conviction off your record. We pursue these alternatives where they fit.
Possession vs. Trafficking
The amount alleged changes everything — from a misdemeanor to a felony with mandatory minimums. We fight to keep charges from being overcharged.
A Drug Charge Should Not
Define You
A drug conviction in Miami can cost you a job, financial aid, housing, and a driver's license. Many of these cases turn on how the evidence was found — and that is exactly where we focus.
Your Defense Process
We handle the legal fight so you can focus on your life, your family, and your future.
Confidential Case Review
Your first consultation with HOV Law is free and confidential. We review your arrest, the exact drug possession charges, the evidence against you, and any constitutional issues in how it was gathered — then map out your options.
Investigation & Discovery
We obtain the police report, body-cam and dash-cam footage, witness statements, and lab or test results, and scrutinize every step for illegal stops, searches, or procedural errors that can weaken the State's case in Miami.
Motions & Negotiation
Where the facts support it, we file motions to suppress evidence or dismiss the case, and negotiate with the Miami-Dade County State Attorney's Office for reduced charges, diversion, or dismissal before trial.
Trial Defense
If the State will not offer a fair resolution, we are ready to try your case. HOV Law prepares every drug possession matter for trial before a Miami-Dade County jury, and that readiness is often what drives a better outcome.
Miami Drug Possession Lawyer — Defending Drug Charges in Florida
Drug charges in Miami range from simple possession to trafficking, and the consequences are serious — but they are also very defensible. Under Fla. Stat. § 893.13, the State must prove that you knowingly possessed a controlled substance. "Possession" and "knowledge" are often where these cases break down.
HOV Law examines how the drugs were found, whether the search was legal, whether the substance was actually yours, and whether the lab testing was reliable. When police cut corners on a stop or search, the evidence can be thrown out — and without it, the case often collapses.
Your consultation is free and confidential.
Florida Drug Possession Penalties
- Florida grades drug offenses by the substance and the amount:
- Marijuana under 20 grams—A first-degree misdemeanor, punishable by up to 1 year in jail and a fine, plus a possible driver-license suspension.
- Most controlled substances—Possession is typically a third-degree felony, punishable by up to 5 years in prison.
- Possession with intent to sell—A higher-degree felony based on quantity, packaging, scales, or cash found with the drugs.
- Trafficking amounts—Trigger mandatory-minimum prison sentences and large fines, even for a first offense — which is why fighting an overcharged case matters.
Illegal Searches and Your Fourth Amendment Rights
The Fourth Amendment protects you from unreasonable searches and seizures. In Miami drug cases, we look hard at the stop and the search: Did the officer have a lawful reason to pull you over or detain you? Was there a valid warrant, or a real exception to the warrant requirement? Did you actually consent, or were you pressured?
If the search was unlawful, we file a motion to suppress. When a judge suppresses the drugs, the State usually cannot prove its case, and the charges are often reduced or dismissed. This is one of the most powerful tools in a drug-defense case.
Diversion and Drug Court in Miami-Dade County
- Pretrial diversion—First-time, non-violent offenders may qualify for a program that leads to dismissal upon completion, keeping a conviction off your record.
- Drug court—A treatment-focused alternative to incarceration for eligible defendants struggling with substance use.
- Withhold of adjudication—In some cases, a resolution that avoids a formal conviction and preserves eligibility to seal the record.
- We evaluate whether any of these paths fit your Miami case and pursue the one that best protects your future.
Related Practice Areas in Miami
Drug Possession charges often overlap with other criminal allegations. Our Miami defense attorneys also handle these related areas:
Other Criminal Defense Services in Miami
Also serving Miami for Personal Injury:
Serge Hovhanessian, Esq.
Founding Attorney at HOV Law | Florida Bar | Million Dollar Advocates Forum | Top 40 Under 40 Trial Lawyers
Attorney Hovhanessian defends the accused across Florida — protecting your rights, your record, and your freedom.Read full bio →
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Miami Drug Possession FAQs
Can drug possession charges be dropped in Miami?
Yes. If the search that found the drugs was illegal, or the State cannot prove the drugs were knowingly yours, charges can be reduced or dismissed. Eligible clients may also resolve cases through diversion. We review every option.
Is possession of marijuana still a crime in Florida?
Yes. Outside of qualified medical use, possession of under 20 grams of marijuana is a first-degree misdemeanor in Florida, and larger amounts are felonies. A conviction can still affect your record and license.
What is the difference between possession and trafficking?
Trafficking is based on the weight or amount of the substance, not on whether you actually sold anything. Once the amount crosses the trafficking threshold, Florida imposes mandatory-minimum prison sentences — so fighting an overcharge is critical.
The drugs weren't mine — can I still be charged?
Yes, under "constructive possession" the State may charge you if drugs were found in a car or home you had control over. But it must prove you knew about them and had the ability to control them, which is often contestable.
Will a drug conviction affect my driver's license?
Florida law can impose a driver-license suspension for certain drug convictions, even when driving was not involved. We factor this into your defense and, where possible, work to avoid it.
Do I qualify for drug court or diversion in Miami-Dade County?
Eligibility depends on the charge and your history, but first-time and non-violent offenders often qualify for programs that can lead to dismissal. Call (407) 801-0101 and we will tell you where you stand.
Charged With Possession in
Miami?
Do not assume the case is hopeless. Contact HOV Law for a free, confidential review with a Miami drug defense attorney.