January 29, 2025
Once you are arrested for a drug crime, every choice you make matters—even just one wrong move might haunt you in court. The good news? You don’t have to face this alone.
Knowing your rights, staying silent, and calling a Drug Crime lawyer in St. Petersburg could make the difference between walking free and walking into a courtroom unprepared.
If the police arrest you or someone close to you for an alleged drug crime, don’t wait to get professional help. Call Khonsari Law Group now at (727) 269-5300 for experienced legal guidance.
Schedule a Free Initial Consultation
Stay Calm and Composed
When dealing with the police, your instincts might scream at you to react—don’t. Every second of a police interaction matters, and keeping your composure lays the foundation for a stronger defense.
Control Your Reaction
Reacting impulsively in the heat of the moment gives law enforcement more material to work with—material they won’t hesitate to use against you.
Take slow, measured breaths and keep your body language as neutral as possible. Emotional outbursts, attempts to explain, or gestures of defiance only muddy the waters and can escalate the situation unnecessarily.
Be Respectful to Law Enforcement
Florida law, like most states, allows officers a wide degree of discretion during an arrest or any other police interaction. Remaining calm and respectful minimizes the risk of an altercation and preserves your credibility.
Remember, you can later question the officer’s behavior in court, but avoid giving them any ammunition against you at the scene. Address officers politely and avoid making accusatory statements.
Invoke Your Right to Silence
You have a constitutional right under the Fifth Amendment to remain silent. The moment you say, “I’m invoking my right to remain silent,” the law (in theory) shields you from further questioning. Police can—and will—use your words to strengthen their case, so say nothing except to request an attorney.
Lawyer Up
Once you’ve clamped down on any instinct to talk, the next move is simple: get legal representation. Police questioning is not an opportunity for casual conversation—it’s a high-stakes poker game, and they’re holding all the aces.
Invoking your right to legal representation shifts the dynamic, protecting you from self-incrimination and ensuring your defense starts on solid ground.
Request an Attorney Immediately
The Sixth Amendment guarantees your right to legal counsel, and you don’t need to wait for formal charges to invoke it. When the officer asks you a question beyond your basic identification, say, “I’d like to speak with my attorney.”
This request is a clear legal line that law enforcement must respect. Any attempt to interrogate you after this can jeopardize their case and give your lawyer leverage to suppress statements made in violation of your rights.
Choose a Defense Attorney with Experience in Drug Crimes
All attorneys are not created equal. Drug-related charges require someone with the specific knowledge to address issues like search and seizure laws under the Fourth Amendment or mandatory minimum sentencing guidelines outlined in Florida Statutes §893.135.
A seasoned Drug Crime lawyer in St. Petersburg understands the nuances of local law enforcement practices, prosecutor tendencies, and case precedents—advantages that will make a significant difference for your future.
Keep Your Conversations Confidential
Once you have your lawyer, share everything. Attorney-client privilege shields your discussions, allowing your lawyer to craft the strongest possible defense.
However, this privilege only applies to your attorney—not to friends, family, or the officer who acts like they’re trying to help you. Don’t discuss the case with anyone but your lawyer, no matter how well-intentioned they seem.
Know What They’re Accusing You Of
Drug crime charges don’t fall into a one-size-fits-all category. Were you caught with a small amount of marijuana, or are the police claiming you were trafficking narcotics?
Florida statutes divide drug offenses into several types, each with distinct penalties:
- Possession: Holding drugs for personal use, whether in your pocket, car, or home. Even possession of less than 20 grams of cannabis is a misdemeanor in Florida under §893.13, but harsher penalties apply for substances like cocaine or heroin.
- Trafficking: Selling, delivering, or even possessing large quantities of controlled substances triggers trafficking charges, punishable by mandatory minimum sentences under §893.135.
- Manufacturing: Producing drugs, even on a small scale, constitutes a separate offense and carries severe penalties.
Understand the Context of Drug Laws in Florida
Florida takes a hardline stance on drug crimes. The state categorizes substances into schedules based on their potential for abuse and medical use.
For instance:
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD).
- Schedule II: High potential for abuse but with restricted medical use (e.g., cocaine, methamphetamine).
Florida’s strict liability approach means prosecutors don’t need to prove you intended to commit a crime—mere possession suffices.
Clarify the Evidence Against You
Your lawyer will review the evidence prosecutors intend to use.
This might include:
- Lab reports confirming the substance involved.
- Photographs or surveillance footage.
- Statements from law enforcement or witnesses.
Every piece of evidence presents an opportunity for scrutiny. For example, if the chain of custody for the drugs is unclear, your lawyer could challenge its admissibility. Similarly, any inconsistencies in police reports could weaken the state’s narrative.
Protect Your Constitutional Rights
If law enforcement cut corners during your arrest, your case might already have cracks in its foundation. The Constitution doesn’t give the police unlimited power, and drug crime cases often hinge on whether those boundaries were respected.
Fourth Amendment Protections: Unlawful Searches and Seizures
The Fourth Amendment to the U.S. Constitution guards against unreasonable searches and seizures. In Florida, as in the rest of the country, police need probable cause or a valid warrant to search your property.
If officers searched you without either, your attorney might challenge the admissibility of the evidence.
Some scenarios to watch for:
- Warrantless Searches: Police searched your car or home without your consent or a warrant. Exceptions exist (like the “plain view” doctrine or exigent circumstances), but they must meet strict criteria.
- Consent Under Duress: If you “agreed” to a search but felt pressured or coerced, your lawyer can argue that the consent wasn’t voluntary.
- Improperly Issued Warrants: If the search warrant was defective—perhaps issued without probable cause or specifying the wrong location—the search may be invalid.
Florida courts have consistently ruled that illegally obtained evidence cannot be used in prosecution under the exclusionary rule.
Document Any Potential Violations
Your memory of the arrest is a valuable tool.
Note every detail that seemed off during the interaction:
- Did officers refuse to show you a warrant?
- Were you stopped and searched without a clear reason?
- Did the police manipulate or threaten you into compliance?
The Fifth Amendment: Protection Against Self-Incrimination
Recall that invoking your right to remain silent shuts down the possibility of self-incrimination. If the police ignored your request and continued questioning you, any resulting statements could be suppressed. This also applies if officers used coercive techniques to elicit confessions—a tactic outlawed under cases like Miranda v. Arizona.
Document Everything About Your Arrest
The next step is gathering as much information as possible about your arrest. The goal is simple: create a record that can challenge the prosecution’s version of events.
Write Down Key Details
Memory fades fast, especially under stress.
As soon as possible, document everything you can remember:
- The timeline: Note the time and place of the arrest and each significant event leading up to it.
- The people involved: Write down the names or badge numbers of the officers, as well as any bystanders who witnessed the arrest.
- What was said and done: Include specific phrases officers used, their demeanor, and any actions they took. If they mentioned probable cause or a warrant, record their exact words.
Even if certain details seem unimportant, include them. What you write down may connect to a legal issue your lawyer recognizes later.
Preserve Relevant Evidence
Anything you possess or can access that relates to your arrest becomes potential evidence for your defense.
For instance:
- Physical items: Retain any objects seized by the police (or note if they were taken without a receipt).
- Digital records: Text messages, emails, or photos tied to the events surrounding your arrest can establish timelines or contradict accusations.
- Receipts and logs: If your case involves accusations of intent to distribute, receipts or inventory logs might prove the items were purchased legally.
Identify Witnesses
If anyone saw the arrest or your interactions with law enforcement, get their contact information. Witnesses can provide valuable testimony to counter false or exaggerated claims.
If the arrest occurred in a public place, security camera footage or nearby dashcams might also have captured key moments.
Secure Release and Prepare for the Next Steps
Every decision here sets the stage for how your case unfolds, so precision matters.
Understand Bail Options
Bail offers a pathway out of custody while you wait for your court date, but the process can feel like a maze. Florida courts determine bail based on factors like:
- The severity of the charges: More serious offenses, like trafficking under Florida Statute §893.135, may require higher bail amounts or no bail at all.
- Flight risk: If the court thinks you might skip town, expect stricter conditions or even denial of bail.
- Your criminal record: A clean slate could work in your favor, while a history of prior offenses might lead to tighter restrictions.
If bail is granted, consider your options carefully. Posting the full amount upfront ensures a faster release, but many turn to bondsmen who charge a percentage fee for their services.
This fee isn’t refundable, even if the authorities drop the charges.
Conditions of Release
Being out on bail comes with strings attached. Florida courts impose conditions to ensure compliance and attendance at all court dates.
These conditions might include:
- Regular check-ins with a bail officer.
- Restrictions on travel or contact with certain individuals.
- Mandatory drug testing, especially in cases involving substance charges.
Failing to follow these conditions jeopardizes your freedom and weakens your case. Treat bail as a privilege, not a free pass.
Prepare for Court
While out on bail, shift your focus to building your defense. This involves working closely with your attorney to review evidence, craft a strategy, and address the charges head-on.
Show up to every court date dressed professionally and ready to demonstrate accountability. Missing a single appearance triggers an arrest warrant, dragging you back into custody and leaving a black mark on your case.
Fight Back with Khonsari Law Group
An arrest doesn’t define your future—it’s what you do next that matters. Every step you take from here builds your case, and having the right legal team makes all the difference. We know Florida drug laws inside out, and we’re ready to put that knowledge to work for you.
Call us today at (727) 269-5300 and let us start building the defense you deserve.