Recent Blog Posts
What Does Constructive Possession of Drugs Mean in Florida?
"Constructive possession" means you can face drug charges in Florida even if the drugs were not found on you personally. Under Florida Statute § 893.13, prosecutors can file charges if they believe you knowingly controlled a controlled substance found somewhere else, such as a vehicle or shared home.
These cases are often more complicated than they seem. Simply being near drugs does not mean you possess them. Instead, prosecutors must use other evidence to connect the drugs to a specific person.
If you are facing drug charges, understanding constructive possession can help you protect your rights and know when to contact a Miami, FL drug possession defense lawyer.
Can You Be Charged With Stalking in Florida?
You can be charged with stalking in Florida based on alleged repeated messages, calls, visits, or online activity, even when there was no physical contact. However, prosecutors must prove every element of the offense, including that the conduct was willful, malicious, repeated, caused substantial emotional distress, and served no legitimate purpose.
If you are facing a stalking accusation in 2026, a Miami, FL stalking defense attorney can review the specific facts of your case and explain how Florida's stalking law applies to you.
What Does Florida Law Consider Stalking?
Florida defines stalking under Florida Statute § 784.048. The law makes it illegal to willfully, maliciously, and repeatedly follow, harass, or cyberstalk another person.
Charged For Domestic Violence?
If you were arrested for domestic violence in 2026, the conditions attached to your release and your actions while the case is pending can shape how it is resolved. A Miami, FL domestic violence defense attorney can guide you through each step, starting with the first court hearing after your arrest.
What Happens During the First 24 Hours After a Domestic Violence Arrest in Miami?
According to Florida Health Charts, Florida recorded 308.5 domestic violence offenses per 100,000 residents in 2024. Although every case is different, the process following an arrest generally follows a defined path.
Under Florida law, someone arrested for an act of domestic violence must remain in custody until brought before a judge for bail. The first appearance hearing generally must take place within 24 hours of the arrest.
Statute of Limitations on Drug Charges
Drug charges can sometimes be filed months or even years after the alleged offense. In Florida, the deadline for filing depends on the type of drug crime. If you are dealing with a drug case in 2026, our Miami, FL drug crimes attorney can review your timeline and explain your options.
How Long Does Florida Have to File Drug Charges Against You?
Florida sets its criminal deadlines under Florida Statute 775.15. For most drug cases, the deadline depends on the degree of the charge:
- First-degree felonies: four years
- Second- and third-degree felonies: three years
- First-degree misdemeanors, including possession of 20 grams or less of marijuana and possession of drug paraphernalia: two years
What Happens If You're Charged with Doctor Shopping in Florida?
Seeking a controlled substance while concealing that another provider recently prescribed you a similar medication can lead to a felony charge known as doctor shopping. IIf you are accused of doing so, you may be facing a serious felony drug charge known as doctor shopping. In 2026, Florida prosecutors pursue these cases aggressively, and the penalties can include years in prison. A Miami, FL criminal defense attorney can help you understand exactly where your case stands.
Is It Illegal to See Multiple Doctors for the Same Prescription in Florida?
Florida law makes doctor shopping to obtain additional controlled substances a crime. Under Florida Statute § 893.13(7)(a)8, you cannot hide information from a doctor or pharmacist when seeking a controlled substance prescription. The law bars anyone from getting a controlled substance by concealing a material fact, which includes that another provider already prescribed you the same drug.
How Does Florida's Stand Your Ground Defense Work in 2026?
Florida's Stand Your Ground law gives people the right to use force, including deadly force, to defend themselves without retreating first. A 2023 Pew Research Center survey found that 72 percent of gun owners cite protection as a major reason they own a gun, yet many people who act in self-defense still end up facing serious criminal charges for a violent crime. Whether Stand Your Ground applies depends on the specific facts, and the legal process that follows an arrest has several steps that can determine whether your case ever reaches a jury.
If you are facing charges in 2026, a Miami, FL, criminal defense attorney can review your case and advise you on whether the Stand Your Ground defense applies.
What Does Florida's Stand Your Ground Law Cover?
Florida Statute § 776.012 allows a person to use or threaten force, including deadly force, to prevent death or great bodily harm to themselves or another person, or to stop a forcible felony. There is no duty to retreat first.
What Does "Adjudication Withheld" Mean in a Florida Domestic Violence Case?
Adjudication withheld is a sentencing outcome that comes up often in Florida domestic violence cases, and it is widely misunderstood. Many people who accept it believe they have avoided the consequences of a conviction. In some ways, they have, but in others, the impact is nearly identical.
A Miami, FL domestic violence defense attorney can review your case and explain what this outcome would mean for your specific situation in 2026.
What Does Adjudication Withheld Mean in a Florida Criminal Case?
When a Florida judge withholds adjudication, the court accepts your guilty or no-contest plea but does not enter a formal conviction. The judge places you on probation or sets other conditions. If you complete them, then you are not officially convicted.
Adjudication withheld is not the same as an acquittal. An acquittal means a judge or jury found you not guilty. With adjudication withheld, you have entered a guilty or no-contest plea, but no formal conviction was entered.
Can Drug Charges in Florida Be Reduced Through a Diversion Program?
If you are facing a drug charge in Florida for the first time, you may not have to go to trial or face a conviction. Florida law gives some defendants the chance to enter a diversion program instead. Completing the program may result in your charges being dismissed entirely, with no conviction on your record. Whether you qualify depends on the charge, your history, and how the program works in your county.
If you are facing a drug charge in 2026, a Miami, FL criminal defense attorney can help you understand whether diversion is an option in your case.
What Is Florida's Pretrial Diversion Program for Drug Charges?
Pretrial diversion, also called pretrial intervention or PTI, is an alternative to traditional prosecution. Instead of going to trial, a qualifying defendant enters a supervised program. The program typically runs between three and 18 months. It requires regular check-ins, drug testing, and sometimes counseling or community service.
The Violation of Domestic Violence Injunction
Violating a domestic violence injunction in Florida is a criminal offense, even if the protected person contacted you first. Most people charged with a violation have no idea that something like a single text back to the protected person could lead to an arrest. If you are facing an injunction charge in 2026, a Miami, FL domestic violence defense attorney can review the facts and explain your options.
What Is a Domestic Violence Injunction in Florida?
A domestic violence injunction is a civil court order that limits contact between two people. Under Florida Statute § 741.30, a person who has been a victim of domestic violence, or who believes harm is coming, can ask a judge for this order. A judge can issue a temporary injunction the same day, without the other person present.
Can You Be Charged with Drug Trafficking in Florida Without Selling Anything?
You can be charged with drug trafficking in Florida without ever selling a single thing. Under Florida law, trafficking is not about what you did with a drug but rather about how much of it you had. If the amount you possessed crossed a specific weight threshold, you face a first-degree felony with mandatory prison time that a judge cannot reduce, no matter your intent.
If you are facing a drug trafficking charge in 2026, the Miami, FL criminal defense attorney at Stroleny Law: Criminal Defense Attorney can review the evidence and identify every available defense.
Does Florida Law Require a Sale for a Drug Trafficking Charge?
Most people picture drug trafficking as moving or selling large amounts of drugs across state lines. Florida law sees it differently. Under Florida Statute § 893.135, trafficking includes simply being in possession of a controlled substance above a set weight threshold. If the amount allegedly possessed crosses the statutory threshold, prosecutors can charge the offense as trafficking even if no money changed hands, no sale was planned, and no other person was involved.
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To get the legal help you need in your criminal case, reach out to our firm today. We will provide you with a free consultation where our attorney will review your case and advise you of your legal options.
66 W Flagler St., Suite 1005
Miami, FL 33130
P 305-615-1285
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From our Miami office, Stroleny Law: Criminal Defense Attorney serves clients across the city, including Allapattah, Brickell, Coconut Grove, Coral Way, the Design District, Downtown Miami, Edgewater, Liberty City, Little Haiti, Little Havana, Overtown, the Upper East Side (MiMo District), and Wynwood. Our reach also extends throughout Miami-Dade County, representing clients in Aventura, Coral Gables, Doral, El Portal, Florida City, Hialeah, Homestead, Key Biscayne, Miami Gardens, Miami Springs, North Miami, North Miami Beach, Opa-locka, Pinecrest, South Miami, Sunny Isles Beach, Sweetwater, and West Miami.
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66 W Flagler St., Suite 1005, Miami, FL 33130
305-615-1285
