Most drug prosecutions result from searches by law enforcement — during traffic stops, home searches, or searches of personal property. Under both the U.S. and Florida Constitutions, you are protected against unreasonable searches and seizures. If the police obtained evidence by violating your constitutional rights, that evidence can often be excluded under the exclusionary rule.
The exclusionary rule is a legal doctrine that prevents evidence obtained through illegal or unconstitutional searches and seizures from being used against you in court. It exists to protect individual rights and deter police misconduct. If successfully challenged, any evidence collected unlawfully — such as drugs, cash, paraphernalia, or incriminating statements — can be thrown out, potentially crippling the prosecution’s case.
Common grounds for suppression in Florida drug cases often arise from constitutional violations during the investigation or arrest process. For instance, evidence may be suppressed if it was obtained following an unlawful traffic stop conducted without reasonable suspicion or probable cause. Similarly, searches conducted without a warrant and without a valid legal exception—such as exigent circumstances or voluntary consent—may render the evidence inadmissible. Even when warrants are used, suppression can be warranted if the warrant is invalid, overly broad, or improperly executed. Searches of personal belongings, such as backpacks, purses, or mobile phones, must comply with strict legal standards, and any deviation may justify exclusion of the evidence. Additionally, if law enforcement relies on confidential informants who are unreliable, unverified, or improperly managed, the integrity of the investigation can be called into question. Finally, if the defendant was not properly advised of their Miranda rights before making custodial statements, those statements may be excluded from evidence through a motion to suppress.
Our team has successfully filed and argued motions to suppress throughout South Florida courts leading to charge reductions, dismissals, and favorable plea negotiations for numerous clients.
Florida imposes some of the harshest sentencing laws for drug offenses in the country — particularly for drug trafficking charges, which often trigger mandatory minimum prison sentences upon conviction.
Under Florida law, certain drug offenses—particularly drug trafficking—carry mandatory minimum prison sentences that are determined by the type and weight of the controlled substance involved. Judges have very limited discretion to impose a sentence below these statutory minimums. For instance, trafficking in oxycodone in amounts between 7 and 14 grams requires a minimum sentence of three years in prison. Similarly, trafficking in cocaine involving 28 to 200 grams also mandates a minimum of three years. The same applies to trafficking in fentanyl for quantities between 4 and 14 grams, although larger amounts trigger even harsher mandatory minimums. These sentencing thresholds not only increase with the weight of the drugs but are often accompanied by substantial fines that can range from $50,000 to as high as $500,000.
If a firearm is involved in a drug crime — even if it was not discharged — Florida’s 10-20-Life law and related firearm enhancements can dramatically increase the penalties. Possessing or using a firearm during the commission of a drug offense can result in: a mandatory minimum prison sentence of 3 to 10 years, depending on the circumstances, additional consecutive sentences for firearm-related charges, or enhanced bond conditions or Nebbia holds.
The prosecution isn’t required to prove that the firearm was brandished or discharged — mere possession during a drug transaction can trigger these severe enhancements.
We meticulously review every aspect of the case to identify opportunities to challenge these enhancements, whether by contesting the connection between the firearm and the drug crime or disputing the legality of how evidence was obtained. If you are seeking a lawyer specialized in defending enhanced drug charges, call attorney Monica Ishak.
Drug charges can be serious but with the right defense, your rights and future can be protected. Our firm has a proven record of success challenging illegal searches, suppressing unlawfully obtained evidence, and fighting mandatory minimums and firearm enhancements.
If you or a loved one has been charged with a drug offense, contact our office for a free, confidential consultation. Let us put our courtroom experience, aggressive defense strategies, and client-first approach to work for you.