Soler & Simon Criminal Defense Blog

***This blog is meant to be informational only and not legal advice. Be sure to speak to an attorney about your unique situation. Do not rely on anything written here to make a decision in your case***

What is Doctor Shopping in Florida?

Doctor shopping can entail multiple charges. The most common "doctor shopping" charge is withholding information from a physician....

Can I be charged with possession of controlled substance if I have a prescription in Florida?

In Florida, it is illegal to possess any controlled substance without a prescription. Having a prescription can be a defense to this...

What is the difference between actual possession and constructive possession in Florida?

In order to convict one for possession of drugs or paraphernalia the state must prove that the person was in actual or constructive...

In Florida, can drug trafficking mandatory minimums be waived?

Florida's drug crimes are strict, especially trafficking charges. Trafficking charges are not always much harder to prove for the state...

What is a "consensual encounter" in a criminal case?

Why is the police officer being just a little too friendly? The United States Constitution requires a law enforcement officer to have...

The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the prosecutor or judge to allow the completion of a residential...

I was holding someone else's prescription and was arrested for possession of a controlled substance

Florida law permits an individual to legally possess a controlled substance obtained pursuant to a valid prescription. The “prescription...

What is an inventory search of a vehicle in Florida?

Most people are familiar with your typical search and seizure scenario - a cop comes to someone's door holding a piece of paper...

The police officer lied about the reason for stopping my car and I was charged with a crime...

A police officer cannot stop your car for any reason or no reason at all--the officer must have a VALID LEGAL reason to stop you. For...

The police officer is lying: I never gave consent to search

It is becoming increasingly common to read police reports where evidence of drugs was allegedly found after a "consensual" search only to...

Can I challenge a stop and search if I was the passenger in a car?

Florida law is tricky when it comes to challenging a search of a vehicle. This is especially true when the passenger of a vehicle wants...

Charged with possession of drugs after an overdose in Florida?

If you overdosed and were later charged with a violation of Florida Statute 893 (the most common being possession of a controlled...