Defending Against Drug Charges
Challenging Illegal Searches & Fighting for Diversion in Orange County
Challenging drug possession charges and fighting for reduced or dismissed charges. Serving Orlando, Orange County, and all of Florida.
Fighting Drug Charges,
Protecting Your Future
Illegal Search Defense
Many Orlando drug cases start with a questionable search of a car on I-4 or OBT, a home, or a person. If the search violated the Fourth Amendment, the drugs can be suppressed — and without the evidence, the State's case often collapses.
Diversion & Drug Court
For eligible clients, the Ninth Circuit's drug diversion program and Orange County drug court can lead to dismissal and keep a conviction off your record. We pursue these alternatives wherever they fit your case.
Possession vs. Trafficking
The alleged amount changes everything — from a misdemeanor to a felony with mandatory-minimum prison time. We fight to keep charges from being overcharged as trafficking based on weight alone.
A Drug Charge Should Not
Define You
A drug conviction in Orange County can cost you a job, financial aid, housing, and even your driver's license. But many of these cases turn on how the evidence was found on I-4, OBT, or in a traffic stop — and that is exactly where we focus. An arrest is not a conviction.
Your Orlando Drug Charge Defense Process
Most Orange County drug cases turn on how the evidence was found. Here is how we attack the search and fight for your future.
Free, Confidential Case Review
Call (407) 801-0101 for a free, confidential consultation. We review exactly how the drugs were found in your Orange County case — the stop, the search, the alleged possession, and the lab testing — to identify where the State's case is weakest.
Attack the Search
We obtain the body-cam and dash-cam footage, the arrest affidavit, and any warrant, and we scrutinize whether the stop and search were lawful. Where they were not, we file a motion to suppress in the Ninth Circuit to keep the drugs out of evidence.
Pursue Diversion or Reduction
For eligible clients we seek admission to Orange County drug diversion or drug court, or negotiate a withhold of adjudication that avoids a formal conviction. For overcharged cases, we fight to reduce a trafficking allegation to simple possession.
Dismissal or Trial
If a judge suppresses the drugs, the State usually cannot proceed and the case is dismissed. If the case remains and the State will not offer a fair resolution, we are prepared to try it before an Orange County jury.
Orlando Drug Possession Lawyer — Defending Drug Charges in Orange County
Drug charges in Orlando range from simple possession to trafficking, and the consequences are serious — but they are also very defensible. Under Florida law (Fla. Stat. § 893.13), the State must prove that you knowingly possessed a controlled substance. "Possession" and "knowledge" are often exactly where these Orange County cases break down.
HOV Law examines how the drugs were found, whether the search on I-4, OBT, or elsewhere was legal, whether the substance was actually yours, and whether the lab testing was reliable. When Orlando police or the Orange County Sheriff cut corners on a stop or search, the evidence can be thrown out — and without it, the case usually falls apart.
Our office is at 135 W Central Blvd, Suite 1150, in downtown Orlando, across from the Orange County Courthouse. Your consultation is free and confidential, and we offer transparent fees. Call (407) 801-0101.
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 the Orange County Jail and a fine, plus a possible driver-license suspension. Handled in County Court.
- Most controlled substances—Simple possession is typically a third-degree felony, punishable by up to 5 years in state prison, and prosecuted in the Ninth Circuit's Circuit Court.
- Possession with intent to sell—A higher-degree felony based on quantity, packaging, scales, or cash found alongside the drugs.
- Trafficking amounts—Trigger mandatory-minimum prison sentences and large fines, even for a first offense — which is why fighting an overcharged case is so important.
- Prescription drugs—Possessing controlled prescriptions (oxycodone, Xanax, Adderall) without a valid prescription is charged as a felony, and larger amounts can cross into trafficking by weight.
Illegal Searches and Your Fourth Amendment Rights
- The Fourth Amendment protects you from unreasonable searches and seizures, and it is the most powerful tool in most Orlando drug cases. We look hard at the stop and the search:
- Did the officer have a lawful reason to pull you over on I-4, OBT, or a downtown street, or to detain you on the sidewalk?
- Was there a valid search warrant—or a genuine exception to the warrant requirement, like a lawful vehicle search or plain view?
- Did you actually and voluntarily consent, or were you pressured into "letting them look"?
- Was a drug-dog sniff or extended detention justified, or did it unlawfully prolong the stop?
- If the search was unlawful, we file a motion to suppress. When a Ninth Circuit judge suppresses the drugs, the State usually cannot prove its case, and the charges are frequently reduced or dismissed.
Drug Diversion & Drug Court in Orange County
- The Ninth Judicial Circuit has long used diversion to steer eligible, non-violent drug defendants away from a conviction—and Orange County has multiple paths:
- Misdemeanor drug diversion—Charges like possession of cannabis or paraphernalia are commonly referred to a 12-month diversion track (program cost around $600) that includes a drug evaluation, random testing, and any recommended counseling. Successful completion ends in dismissal.
- Felony drug pre-trial intervention—Certain felony possession cases can qualify for felony PTI, keeping a felony conviction off your record.
- Drug court—A treatment-focused alternative to incarceration for eligible defendants struggling with substance use, combining supervision and support.
- Withhold of adjudication—In some cases, a resolution that avoids a formal conviction and can preserve your eligibility to seal the record.
- We evaluate which of these Orange County paths fits your case and pursue the one that best protects your record and your future.
Will a Drug Conviction Affect My Driver's License?
Many people are surprised to learn that Florida can suspend your driver's license for a drug conviction even when driving had nothing to do with the offense. Under Florida law, a conviction for certain drug offenses carries a mandatory driver-license suspension.
That collateral consequence — on top of the criminal penalties — is one more reason to fight the charge rather than simply plead. Where a conviction is unavoidable, we work to structure the resolution to minimize the license impact and, where eligible, help you pursue a hardship license. We factor your license into the defense strategy from day one.
Constructive Possession — "The Drugs Weren't Mine"
A large share of Orange County drug cases are built on "constructive possession" — drugs found in a car, apartment, or bag that you did not have in your hand. Florida lets the State charge you under this theory, but it also has to prove two things beyond a reasonable doubt: that you knew the drugs were there, and that you had the ability to control them.
When drugs are found in a shared vehicle stopped on I-4, a shared apartment, or a common area, that knowledge-and-control burden is often contestable — especially when other people had equal access. We investigate who else could have possessed the drugs and hold the State to its full burden. Mere proximity is not possession.
Our Downtown Orlando Office
HOV Law is located at 135 W Central Blvd, Suite 1150, Orlando, FL 32801 — downtown, across from the Orange County Courthouse where your drug case will be heard. Call (407) 801-0101 for a free, confidential consultation.
Related Practice Areas in Orlando
Drug Possession charges often overlap with other criminal allegations. Our Orlando defense attorneys also handle these related areas:
Other Criminal Defense Services in Orlando
Also serving Orlando 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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Orlando Drug Possession FAQs
Can drug possession charges be dropped in Orlando?
Yes. If the search that found the drugs was illegal, or the State cannot prove the drugs were knowingly yours, an Orange County judge can suppress the evidence and the charges are often 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 driver's license, so it is worth defending.
Do I qualify for drug diversion or drug court in Orange County?
Eligibility depends on the charge and your history, but first-time and non-violent offenders often qualify for the Ninth Circuit's misdemeanor drug diversion (about a 12-month program) or drug court, which can end in dismissal. Call (407) 801-0101 and we will tell you where you stand.
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, especially in a shared vehicle or residence.
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.
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 or to obtain a hardship license.
Where will my Orlando drug case be heard?
Misdemeanor drug charges (like marijuana under 20 grams) are heard in Orange County Court; felony drug charges are prosecuted in the Ninth Circuit's Circuit Court at the Orange County Courthouse, 425 N Orange Ave. Our office is directly across the street.
What happens if the police searched my car without a warrant?
Vehicle searches have their own rules, but police still need a lawful basis — probable cause, valid consent, or another recognized exception. If the stop or search was unlawful, we move to suppress the drugs, which can end the case. We review the body-cam and dash-cam footage closely.
Can I be charged for someone else's prescription pills?
Yes. Possessing controlled prescription drugs (like oxycodone, Xanax, or Adderall) without your own valid prescription is a felony in Florida, and a larger quantity can be charged as trafficking by weight. These cases are very defensible and we take them seriously.
How much does an Orlando drug possession lawyer cost?
HOV Law offers a free, confidential consultation and clear, transparent fees for drug-charge defense. The fee depends on the charge and whether the case resolves pretrial or goes to trial. Call (407) 801-0101 to discuss.
Will a drug charge show up on a background check?
A conviction becomes part of your permanent Florida record and can appear on background checks. That is why avoiding a conviction — through suppression, diversion, or a withhold of adjudication that may later be sealed — matters so much. We aim for the outcome that best protects your record.
Charged With Possession in
Orlando?
Do not assume the case is hopeless. Contact HOV Law for a free, confidential review with an Orlando drug defense attorney who will scrutinize every step of the search. Available 24/7.