Daytona Beach Drug Crime Defense

Daytona Beach Drug Crimes Attorney

Most Florida drug cases turn on the stop and the search, not the substance. If the search was unconstitutional, the evidence goes away. We work that angle first.

  • Available 24 hours a day
  • Free, confidential consultation
  • Offices in Daytona Beach, Port Orange & DeLand

Defending Drug Charges in Daytona Beach

Florida drug law is harsh and largely weight-driven, and a drug arrest often comes bundled with a DUI or a weapons charge that changes the whole case. Simple possession of cocaine, heroin, oxycodone, or THC oil without a valid prescription is a third-degree felony carrying up to five years in prison. Cross a statutory trafficking threshold, even by a fraction of a gram, and the case lands in mandatory-minimum territory before a judge hears a word of evidence.

At Aaron Delgado & Associates, our Daytona Beach drug crime lawyers understand how the state builds these cases, from the traffic stop on I-95 or U.S. 1 to the lab report. We are skilled at suppressing evidence, discrediting confidential informants, and blocking attempts to seize your vehicle, cash, and property. Our approach is aggressive and thorough, and it starts with every detail of your arrest.

If you are in the Volusia County Branch Jail and cannot come to us, we will come to you.

Defending Drug Charges in Daytona Beach

Before you talk to anyone

What you need to know

01

Possession is a felony for almost everything

Under Florida Statute 893.13, possession of most controlled substances is a third-degree felony with up to five years in prison, even for a single pill. Cannabis under 20 grams is the one misdemeanor tier. A felony drug conviction can also cost you your driver's license and, for non-citizens, carry immigration consequences.

02

Trafficking is about weight, not intent

You do not have to sell anything to be charged with trafficking. Under Florida Statute 893.135, hitting a statutory weight makes it trafficking with a mandatory minimum prison sentence: 28 grams of cocaine, 4 grams of heroin or fentanyl, 7 grams of oxycodone, 14 grams of methamphetamine, 10 grams of MDMA. With counterfeit pills, the entire pill weight counts, not just the fentanyl inside it.

03

The motion to suppress is the whole case

Was the stop extended into a drug investigation without reasonable suspicion? Was the K-9 alert reliable? Was consent to search actually voluntary? Did the warrant establish probable cause and stay within its scope? Is the chain of custody intact from seizure to lab to courtroom? When the answer favors you, the evidence is excluded and the case usually collapses.

Drug charges and matters we handle

  • Possession of cocaine, heroin, fentanyl, or methamphetamine
  • Possession of oxycodone, Xanax, or other prescription drugs without a prescription
  • Cannabis and THC oil possession
  • Possession with intent to sell or deliver
  • Sale or delivery, including within 1,000 feet of a school, park, or church
  • Drug trafficking and mandatory minimum cases
  • Cultivation and grow house charges
  • Drug paraphernalia
  • Doctor shopping and prescription fraud
  • Nebbia holds and drug bond hearings
  • Pretrial diversion and drug court eligibility
  • Federal drug charges

Florida trafficking thresholds and mandatory minimums

ChargeWhat it requiresClassification
Cannabis 25 pounds or 300 plants 3-year minimum
Cocaine 28 grams 3-year minimum
Heroin or fentanyl 4 grams 3-year minimum
Oxycodone 7 grams 3-year minimum
Methamphetamine 14 grams 3-year minimum
MDMA 10 grams 3-year minimum

All thresholds are under Florida Statute 893.135. Sentences escalate sharply at higher weights, up to life for the largest quantities. Confirm the substance and weight on your charging document with your attorney.

Drug Crimes We Defend

Drug Crimes We Defend

Our firm handles state and federal drug cases involving every form of controlled substance, including THC and marijuana, powder and crack cocaine, methamphetamine, heroin, fentanyl, Percocet, OxyContin and oxycodone, MDMA, and prescription medications for which you have no prescription.

For first-time and low-level cases, we look hard at pretrial diversion, drug court, and a withhold of adjudication, which can keep a conviction off your record and preserve your eligibility to seal it later. For trafficking cases, we attack the weight, the lab, and the search, because those are the levers that move a mandatory minimum.

Call 386.222.6677 now. During your free consultation, a Daytona Beach drug crime attorney will review your arrest and walk you through the defense strategies that apply to your case.

Common questions

Drug Crimes Attorney FAQs

Yes, under what Florida calls constructive possession. The state must prove you knew the drugs were there and had the ability to control them. In a shared car or a shared apartment, that is often the weakest part of the state's case, and it is one of the first things we examine.
A Nebbia hold means the court will not accept your bond until the source of the money is proven legitimate. It is common in trafficking cases and can keep you in jail for days after bond is set. We handle Nebbia hearings and can often clear the hold quickly with the right documentation.
Usually not, if the case is handled well. Pretrial diversion, drug court, and a withhold of adjudication are all realistic outcomes for first-time possession in Volusia County. The goal is to keep a felony conviction off your record entirely.
Often, yes, if the case ends without an adjudication of guilt. A dismissal, a completed diversion program, or a withhold of adjudication can all qualify. A conviction generally cannot be sealed, which is another reason to fight the case rather than plead to it.

Arrested in Daytona Beach? Call before you talk to anyone.

A first appearance can happen within 24 hours of an arrest. Getting a lawyer involved before then can mean going home instead of waiting in the Volusia County Branch Jail.