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Last Modified on May 19, 2026
Getting arrested for a drug crime in Florida can be a humiliating, infuriating, and terrifying experience. It’s understandable to feel confused and worried when the handcuffs are slapped on your wrist, and you’re taken to a police station for processing. It’s vital that you know what to do in the first 48 hours after a drug arrest in Florida.
Throughout it all, it’s vital that you never lose your cool and that you remember you’re always innocent until proven guilty, regardless of the evidence against you. You need to hire a drug crime lawyer immediately.
Your most important asset during this time is a Florida drug crime attorney. You need somebody to help you navigate the state’s drug crime laws and avoid considerable drug crime penalties.
Having an experienced drug crime lawyer in your corner to assist you with every aspect of your case can end up being indispensable. The Law Offices of Nellie L. King, P.A. can bring years of criminal defense experience to your case. She’s dedicated to helping every one of her clients defend themselves.
What to Do in the First 48 Hours After a Drug Arrest in Florida
The actions you take in the first 48 hours of a drug arrest may be the most vital to your case. It’s at this time that you’re processed, you build your defense strategy, and the case against you begins to take shape.
Florida’s drug laws are quite strict. Over 7,500 drug overdose deaths were reported throughout the state in recent years, which has partly led to the state being strict on drug crimes. The crime rate in the state is 1,687 per 100,000 people, including drug crimes.
It’s vital that you take your situation seriously and work to beat the charges being made against you. Without the help of a skilled criminal defense lawyer, there’s no telling what penalties you could end up facing if convicted.
It’s possible you could be looking at significant fines, community service, probation, and probably prison time. Here are some steps you can take to protect yourself and your defense in the first 48 hours after a drug arrest:
- Lean on your constitutional rights. You are afforded your constitutional rights as an American citizen. You should rely on your right to remain silent and your right to retain legal counsel. You may want to explain yourself to the police or even try to apologize for your perceived actions, but do not do this. It’s recommended that you say absolutely nothing to the police. Simply request a lawyer.
- Don’t discuss your case over the phone. All messages and phone calls in jail are recorded and can be used as evidence against you. If you need to call somebody, only share basic information with your family. Share your location and ask them to find you a lawyer. Don’t say anything more than this. You don’t want to give the police more evidence.
- Contact a lawyer. Get a criminal defense lawyer as soon as you can. Florida state law requires you to appear before a judge within the first 24 hours of your arrest. In this hearing, the judge reviews probable cause, informs you of the charges, and sets bond. You need a lawyer during this hearing, as they can argue for a lower bond, a pretrial release, or even a dismissal of the charges against you.
- Avoid social media. Be mindful of anything you post on social media sites like Facebook, Instagram, or X. Post nothing about the arrest, the incident, or the police. Any of your posts can be used as evidence against you. Deleting posts can also be viewed as an attempt to destroy evidence.
Your lawyer can also assemble a legal team to preserve evidence that supports your case. Some evidence, such as traffic stop surveillance footage, can easily be erased before anyone realizes how important it is. A lawyer can prevent situations like that.
FAQs
Do First-Time Drug Offenders Go to Jail in Florida?
No, first-time drug offenders do not always go to jail in Florida. It depends largely on the severity of the offense and the exact specifics of your case.
If you are caught with a small amount of a certain drug, you could be looking at misdemeanor charges. In some cases, the judge may be lenient and may not sentence you to any jail time. However, that’s not a guarantee.
What Happens After an Arrest in Florida?
When you are arrested in Florida, you are taken to a local jail for processing. While in jail, the police may try to intimidate or guilt you into incriminating yourself further, but you are not legally required to talk to them.
Contact a lawyer as soon as you can. Within 24 hours of your arrest, you’ll be required to see a judge. They’ll review probable cause, inform you of the charges, and set your bond.
Can a Drug Charge Be Expunged in Florida?
No, a drug charge cannot be expunged in Florida. A drug charge stays on your criminal record for life if you were convicted. If the drug charge did not end in a conviction, you can pursue an expungement.
If the charges were dropped, you were acquitted, or no information was filed, you can apply to have the public record destroyed. If you plead guilty or no contest, but the judge withheld adjudication, you can petition to have the record sealed.
How Can a Drug Crime Lawyer Help Me?
A drug crime lawyer can help you in many ways. A drug crime lawyer can walk you through the steps of the process, prevent you from making any costly mistakes, and provide you with a sound, reliable defense strategy. You don’t want to end up facing a prosecutor alone without any legal support in your corner.
Be Sure to Hire a Drug Crime Lawyer
At the Law Offices of Nellie L. King, P.A., we can prepare you for what’s to come and make sure police and prosecutors never take advantage of your position. Contact us to speak with a valued member of our team about the many ways we can help your case.
