by Dunn Law Firm | Sep 2, 2026 | Blog, Criminal Defense
The Dunn Law Firm, P.A. is pleased to share that attorney Adam Dunn has been selected for inclusion in SRQ Magazine’s 2026 Elite Top Attorneys Legal Guide in the Criminal Defense category.
SRQ Magazine describes its annual Elite Top Attorneys program as a peer-driven recognition program for licensed attorneys in the Sarasota–Bradenton region. The magazine produces the guide in partnership with DataJoe Research, and the 2026 honorees are featured in the September 2026 edition of SRQ Magazine.
Adam is grateful to the local attorneys who recognized his criminal-defense work and to the clients and community members who have trusted The Dunn Law Firm over the years. Peer recognition is meaningful because criminal cases demand careful preparation, candid advice, and steady advocacy during what is often one of the most difficult periods in a client’s life.
Adam has practiced in Florida’s Twelfth Judicial Circuit since 2015. The Dunn Law Firm represents people facing criminal allegations in Sarasota and Manatee Counties, including DUI, battery, drug, probation-violation, and other misdemeanor and felony matters. Every case is different, and the firm’s first task is to understand the facts, the evidence, and the client’s objectives before recommending a course of action.
Readers can learn more about the 2026 SRQ Elite Top Attorneys program and view the September 2026 Elite Top Attorneys Legal Guide.
The Dunn Law Firm appreciates SRQ Magazine, the participating attorneys, and the Sarasota–Bradenton community for this recognition.
To learn more about the firm’s work, visit the criminal-defense practice page or contact The Dunn Law Firm.
by Dunn Law Firm | Aug 31, 2026 | Blog, Criminal Defense, Florida DUI
A DUI arrest in Florida can set two different processes in motion.
One is the criminal case in county court. The other is an administrative
driver’s-license suspension handled by the Florida Department of Highway
Safety and Motor Vehicles (FLHSMV). The two tracks overlap, but they are
not the same—and the driver’s-license side can require action within
just 10 days.
That deadline is easy to miss while someone is arranging
transportation, retrieving a vehicle, preparing for court, or simply
trying to understand the paperwork. For a person arrested in Sarasota or
Manatee County, the safest practical approach is to treat the notice of
suspension as urgent and get case-specific advice promptly.
The
criminal DUI case and the license suspension are separate
Florida’s DUI statute allows a charge when the State alleges that a
person drove or was in actual physical control of a vehicle while normal
faculties were impaired by alcohol or specified substances, or while the
person had a blood- or breath-alcohol level of 0.08 or higher. The
criminal case determines whether the State can prove that charge in
court.
The administrative suspension is different. Under Florida
Statutes section 322.2615, an officer acting for FLHSMV may suspend
a driver’s license after an unlawful alcohol-level result or a refusal
to submit to a lawful breath, blood, or urine test. The statute says the
officer generally takes the physical license and issues a 10-day
temporary permit if the driver is otherwise eligible.
Because the administrative and criminal proceedings are separate, a
later result in one does not automatically resolve the other. For
example, the statute specifically says that the disposition of the
criminal case does not affect an administrative suspension based on a
refusal. That is one reason not to wait for a first court date before
addressing the license issue.
What is the 10-day deadline?
The notice of suspension should state the date it was issued. Florida
law gives the driver 10 days after that date to request a formal or
informal review of the suspension, or to request a review of eligibility
for a restricted driving privilege under the applicable statute. The
temporary permit issued at the time of suspension expires at midnight on
the tenth day after the notice was issued.
The 2026 Legislature amended portions of section 322.2615 through Chapter 2026-39, Laws of
Florida. Among other notice-related updates, the law permits FLHSMV
to provide certain informal-review decisions by mail or by email
furnished to the department. The change did not extend the 10-day period
for choosing a review path.
Do not assume that the deadline runs from an arraignment, a clerk
notice, or the date a vehicle is recovered. The controlling document and
the driver’s circumstances should be reviewed directly.
The available paths are not interchangeable.
A formal review may involve testimony, relevant evidence, and
subpoenas. An informal review is generally a review of written materials
submitted by law enforcement and the driver. A qualifying first-time DUI
driver may instead ask FLHSMV to review eligibility for a restricted
license, but accepting that option can mean waiving the right to
challenge the administrative suspension.
Choosing among those paths can affect both immediate driving
privileges and how the suspension is contested. The right choice depends
on facts such as whether the suspension followed an alcohol-level result
or an alleged refusal, whether the driver has prior DUI-related history,
whether the temporary permit was issued, and whether the person is
otherwise eligible to drive. It is not a decision to make from a
checklist alone.
The current statute provides a six-month administrative suspension
for a first unlawful alcohol-level case and a one-year suspension for a
first refusal. If a suspension is sustained after a challenge, the
statute also provides periods during which a person may be ineligible
for a business- or employment-purposes license—generally 30 days after
the last temporary permit for an alcohol-level suspension and 90 days
for a refusal suspension. Eligibility can be more complicated than those
general rules suggest.
FLHSMV’s formal/informal review
application reinforces the 10-day filing period and identifies the
materials and filing fee required for that application. Forms and
procedures can change, so use the current FLHSMV materials rather than
an old copy found elsewhere.
What happens in the
local criminal case?
A standard first DUI without injury is ordinarily a misdemeanor
criminal-traffic case in county court. The Twelfth
Judicial Circuit assigns county judges to criminal matters in both
Sarasota and Manatee Counties. Court dates and filing information should
be confirmed through the appropriate clerk rather than guessed from the
license deadline.
The Sarasota
Clerk directs people to ClerkNet and the “Case Events” section to
verify scheduled events. The Manatee
Clerk’s Criminal Division likewise directs people to its
court-records search for a court date, sentence, or assigned judge.
Missing a required appearance can create additional problems, so keep
contact information current and check the official record.
Florida law also limits release immediately after a DUI arrest.
Section 316.193 says a person may not be released until the person is no
longer under the influence, the alcohol level is below 0.05, or eight
hours have elapsed from the arrest—whichever condition in the statute is
satisfied first.
What could a first
DUI conviction involve?
An arrest is not a conviction, and possible defenses and outcomes
depend on the evidence. Still, understanding the statutory exposure
helps explain why early review matters.
Under section
316.193, a standard first conviction can include a fine of $500 to
$1,000 and up to six months in jail. The statute also calls for
probation, at least 50 hours of community service, DUI school with a
substance-abuse evaluation and treatment if referred, and 10 days of
vehicle impoundment or immobilization, subject to statutory exceptions.
A blood- or breath-alcohol level of 0.15 or higher, or having a
passenger under 18, increases the fine range and potential jail term and
can require an ignition-interlock device.
Those are statutory ranges and conditions, not a prediction of what
will happen in any particular case. Crash allegations, injuries, prior
history, license status, evidentiary issues, and local court orders can
materially change the analysis.
Practical
steps after a Sarasota or Manatee DUI arrest
- Keep every paper received from the officer, jail, towing company,
clerk, and FLHSMV.
- Identify the date on the notice of suspension and calculate the
10-day deadline immediately.
- Do not drive outside the terms or dates of any temporary or
restricted permit.
- Preserve potential evidence, including receipts, messages,
photographs, location data, and the names of possible witnesses. Do not
alter or post about the incident online.
- Verify criminal-court dates through the Sarasota or Manatee clerk’s
official system.
- Discuss the administrative-review choices and the criminal case with
counsel before waiving a hearing right or submitting a substantive
statement.
The Dunn Law Firm, P.A. represents people facing criminal charges in
Sarasota and Manatee Counties. If you need to understand the deadlines
and choices in your own DUI matter, you may contact the firm for a
confidential consultation.
This article provides general information about Florida law as of
August 31, 2026. It is not legal advice, does not create an
attorney-client relationship, and should not be used as a substitute for
advice about a specific case.
by Dunn Law Firm | Aug 31, 2026 | Blog, Criminal Defense, Domestic Violence, Drug Offense, Florida DUI
Short answer: sometimes—but the result of the case matters more than the name of the charge. A dismissed DUI, battery, or drug-possession case may be eligible for expungement. A simple battery or possession case resolved with a withhold of adjudication may be eligible for sealing. A DUI conviction cannot ordinarily be sealed because Florida requires adjudication for a DUI conviction.
Florida’s rules are technical, and one overlooked prior case can change the answer. This guide explains the ordinary court-ordered process. For an individual review, visit our Florida record sealing and expungement page or call (941) 866-4352.
First: sealing and expungement are different
Sealing generally makes an eligible criminal-history record confidential and unavailable to the public. Certain government, licensing, and related entities identified by statute may still access the record or require disclosure.
Expungement generally requires criminal justice agencies to destroy or obliterate their copies, while FDLE retains a confidential copy. Most entities that could see a sealed record receive only notice that a record was expunged, unless a court orders access.
Neither process automatically removes copies that private websites obtained before the order, and neither eliminates every statutory disclosure exception.
Can a DUI be sealed or expunged in Florida?
A DUI conviction cannot ordinarily be sealed or expunged. Florida Statute § 316.656 prohibits a court from withholding adjudication for a violation of the DUI statute. Because a DUI conviction results in adjudication, it does not fit the ordinary sealing route.
But the arrest may still be eligible for expungement if the DUI charge was:
- never filed;
- dismissed or dropped;
- resolved by a judgment of acquittal; or
- resolved by a not-guilty verdict.
Every other eligibility requirement must still be satisfied. A separate charge arising from the same arrest can also affect the analysis. Someone whose DUI was reduced to reckless driving, for example, needs the reckless-driving disposition and the complete arrest record reviewed—not merely the original DUI charge.
If you are dealing with a pending DUI rather than an old record, see our Sarasota and Manatee DUI defense guide. The administrative driver’s-license process can begin immediately and is separate from later record-clearing questions.
Can a battery charge be sealed or expunged?
Simple misdemeanor battery may be eligible in some cases.
- A simple battery charge that was dismissed, not filed, or ended in acquittal may be eligible for expungement.
- A simple battery case resolved with a lawful withhold of adjudication may be eligible for sealing after all supervision is complete.
- A battery adjudication of guilt generally prevents ordinary sealing or expungement.
Do not assume every “battery” case receives the same answer. Florida’s ineligible-offense statute separately identifies felony battery, domestic battery by strangulation, aggravated battery, and other serious offenses. The charging document, statutory subsection, and final disposition must be compared with the current statute.
The phrase domestic violence also does not answer the question by itself. It describes the relationship and category of conduct. A dismissed allegation of simple domestic battery can present a different eligibility question from a plea to domestic battery by strangulation.
Can a drug-possession charge be sealed or expunged?
Simple drug possession may be eligible, depending on the disposition.
- If the possession charge was dismissed, not filed, or ended in acquittal, expungement may be possible.
- If adjudication was withheld on an otherwise eligible possession charge, sealing may be possible after probation or other supervision ends.
- If the person was adjudicated guilty, ordinary sealing or expungement is generally unavailable.
Quantity and charge matter. A simple possession case is not the same as trafficking under Florida Statute § 893.135, and statutorily excluded offenses remain ineligible even when the person received a withhold. Review the actual information or charging document; online docket shorthand can be incomplete.
For information about pending possession and trafficking cases, read our Sarasota and Manatee drug-crimes defense page.
The eligibility questions that apply to all three
Even when the target case appears eligible, FDLE and the court consider the broader history. Common issues include:
- Any adjudication of guilt. An adjudication in another case may disqualify the applicant.
- Prior sealing or expungement. Florida’s ordinary process generally provides one opportunity involving one arrest record or incident, subject to limited rules for directly related arrests.
- Unfinished supervision. Probation and other court supervision tied to the disposition must be complete.
- A disqualifying charge. Florida Statute § 943.0584 lists offenses that are ineligible when resolved as a statutory “conviction,” which can include a plea even when adjudication was withheld.
- Multiple charges from one arrest. An eligible dismissed count does not necessarily overcome an ineligible disposition on another count from the same incident.
What does the Florida process actually require?
- Confirm the record and disposition. Obtain the charging document and certified disposition and review the broader criminal history.
- Apply to FDLE. The Certificate of Eligibility packet generally requires fingerprints, a certified disposition, the required prosecutor certification for expungement, and a $75 FDLE fee.
- Wait for FDLE review. FDLE currently reports processing times exceeding 12 weeks. That timing can change.
- File the court petition. The certificate itself does not seal or expunge anything. The petition, affidavit, certificate, proposed order, and locally required documents go to the court with jurisdiction over the arrest.
- Serve the agencies. The State Attorney and arresting agency receive the filing and may respond.
- Obtain the judge’s decision. The court retains discretion. Some matters are decided on the filings; others may involve a hearing.
- Complete the agency follow-through. If granted, certified orders must reach FDLE and the other agencies holding the record.
Can this be handled from anywhere in Florida?
Much of a sealing or expungement case can be coordinated remotely. The petition must still be filed in the Florida court with jurisdiction over the arrest, and local procedures vary. A judge may require a hearing. The Dunn Law Firm can evaluate eligible matters statewide, prepare the FDLE and court filings, coordinate service, and explain any county-specific requirement before engagement.
Three records to gather before calling
To make an eligibility review faster, gather:
- the county and approximate date of arrest;
- the arrest or case number, if available; and
- the final result—dismissed, no-file, acquittal, withhold, or adjudication.
If you do not have all three, that is normal. The firm can explain what records are needed and where they can be obtained.
Ask whether your Florida record qualifies
Call The Dunn Law Firm, P.A. at (941) 866-4352 or request an eligibility review online. Statewide representation and flat-fee arrangements may be available after the record is reviewed.
This article provides general information, not legal advice. The law and FDLE procedures can change, eligibility depends on the complete record, and no outcome is guaranteed.
Official Florida sources
by Dunn Law Firm | Aug 30, 2026 | Blog, Criminal Defense, Drug Offense
By Adam Dunn, Esq. | Published August 30, 2026
Florida changed part of its drug-paraphernalia law on July 1, 2026. The change is narrow but important: certain narcotic-drug-testing products used solely to detect fentanyl, dangerous fentanyl analogues, or xylazine are no longer included in the statutory definition of “drug paraphernalia.”
That does not mean Florida legalized controlled substances, eliminated drug-paraphernalia charges, or created blanket immunity whenever a testing product is present. The exact object, its intended use, the surrounding circumstances, and any other alleged evidence still matter.
Below is a plain-language explanation of the new law and what people in Sarasota and Manatee Counties should understand if a drug investigation, traffic stop, search, or arrest involves a testing product.
What changed on July 1, 2026?
The Florida Legislature passed CS/HB 477 during the 2026 session. The Governor approved it on June 16, 2026, and it became Chapter 2026-157, Laws of Florida. The measure took effect on July 1, 2026.
The law amended Florida Statutes section 893.145, which defines “drug paraphernalia.” Under the revised definition, qualifying narcotic-drug-testing products are excluded when they are used solely to determine whether a controlled substance contains:
- Fentanyl;
- Dangerous fentanyl or specified fentanyl analogues; or
- Xylazine.
The exclusion does not cover a product that can measure or determine the quantity, weight, or potency of a controlled substance. That limitation is important. The statute protects a defined category of detection products; it does not remove every form of testing or analyzing equipment from the paraphernalia definition.
Why did Florida make this change?
The legislation was directed at products designed to identify dangerous contamination in the illicit drug supply. Fentanyl and xylazine can create severe overdose risks, including when a person does not know that a substance contains them. By excluding specified detection products from the paraphernalia definition, the Legislature separated those harm-reduction tools from equipment commonly associated with preparing, concealing, ingesting, or otherwise using controlled substances.
The distinction matters because Florida law can criminalize the knowing use or possession of drug paraphernalia for prohibited purposes. The related offense provisions remain in Florida Statutes section 893.147.
What the new law does not change
The most important point is that this amendment is not a general decriminalization law.
It does not legalize possession of a controlled substance
A person can still face a separate allegation involving possession, sale, delivery, manufacture, or trafficking of a controlled substance. The presence of a qualifying test strip does not automatically prevent an investigation or erase other alleged evidence.
It does not make every testing device lawful
The exception is tied to specified narcotic-drug-testing products and specified substances. A device that measures quantity, weight, or potency is expressly outside the new exclusion. Other testing equipment may also fall outside the exception depending on what it is designed to do and how the State claims it was being used.
It does not eliminate all paraphernalia cases
Florida’s broader paraphernalia laws remain in effect. Pipes, syringes, scales, packaging materials, concealment devices, and other objects may still become part of a criminal allegation depending on the facts and the statutory criteria. An object’s label is not always decisive; courts may consider its condition, residue, proximity to alleged controlled substances, instructions, advertising, and other circumstances.
It does not create blanket immunity from arrest or prosecution
The amendment changes the definition of paraphernalia. It does not create across-the-board immunity for every offense or every encounter with law enforcement. If an arrest or search involves a qualifying detection product, the defense may need to identify precisely what the product does and whether the State is incorrectly treating it as prohibited paraphernalia.
What should you do during a police encounter?
Every situation is different, but several general principles are worth remembering:
- Do not physically resist. You can protect your legal position without escalating the encounter.
- Do not guess or volunteer explanations. Statements about who owns an item, what it was used for, or what a substance may contain can become evidence.
- You may clearly state that you do not consent to a search. Whether officers nevertheless have lawful authority to search is a separate legal question that can be reviewed later.
- You may invoke your right to remain silent and ask for a lawyer. A calm, unambiguous request is generally better than trying to argue the case at the roadside or station.
- Preserve information. If possible after the encounter, write down the location, timing, officers involved, what was said, and what was seized. Do not alter or destroy potential evidence.
If someone appears to be experiencing an overdose, seek emergency medical help immediately. Florida’s overdose medical-assistance law, section 893.21, contains protections in defined circumstances, but it is not blanket immunity for every person or offense. Saving a life comes first; the legal details can be addressed afterward.
How this may matter in Sarasota and Manatee County cases
Drug cases often turn on details that are easy to overlook: why a stop began, whether a detention was extended, whether consent was actually given, where an item was found, who had access to the location, whether alleged possession was knowing, and whether the State can prove the object fits the statutory definition.
After July 1, 2026, another question may be critical: Was the alleged “paraphernalia” actually a testing product that the amended statute excludes?
A criminal defense lawyer may examine the product packaging and instructions, laboratory or body-camera evidence, the arrest report, the officer’s description, and the prosecution’s theory of intended use. The statutory exception may be significant even when the initial report uses a broad label such as “testing kit” or “drug-testing device.”
Frequently asked questions
Are fentanyl test strips legal in Florida now?
Florida’s 2026 statute excludes qualifying products used solely to determine whether a controlled substance contains fentanyl, specified dangerous fentanyl analogues, or xylazine from the definition of drug paraphernalia. Whether a particular product qualifies depends on its capabilities and the facts.
Can I still be charged if police find drugs with a test strip?
Potentially, yes. The test-strip exception does not legalize possession of a controlled substance or automatically prevent other charges.
Does the exception cover scales or potency-testing equipment?
No blanket exception applies. The statute specifically says the exclusion does not cover a testing product capable of measuring quantity, weight, or potency.
What if the arrest happened before July 1, 2026?
The effective date and the alleged offense date can matter. Do not assume that a later statutory change automatically controls an earlier case. A lawyer should review the charging document, dates, and applicable version of the law.
Talk with a Sarasota criminal-defense attorney
If you or a family member is facing a drug or paraphernalia allegation in Sarasota or Manatee County, the wording of the charge is only the beginning. The search, statements, alleged possession, testing product, laboratory evidence, and current statute should all be examined carefully.
Contact The Dunn Law Firm at (941) 866-4352 to discuss the specific circumstances of your case.
This article is general information based on Florida law in effect as of August 2026. It is not legal advice and does not create an attorney-client relationship. Laws and individual facts can change the analysis.
by Dunn Law Firm | Nov 26, 2025 | Blog, Criminal Defense
An allegation that someone violated probation in Florida can lead to a warrant, an arrest, and a hearing before the judge who imposed supervision. But “VOP” does not mean that a violation has already been proved. The State still must establish the alleged violation, and the process is different from a new criminal trial.
For people on probation in Sarasota or Manatee County, the immediate questions are usually practical: What does VOP mean? Can the judge set bond? What happens at the hearing? Can probation continue? The answers depend on the original case, the alleged conduct, the person’s supervision history, and several statutory exceptions. Learn more about the firm’s Sarasota and Manatee violation-of-probation representation.
What does VOP mean in Florida?
VOP means violation of probation. Florida law distinguishes between a technical violation and an alleged new violation of law.
Under Florida Statutes section 948.06, a technical violation is an alleged failure to follow supervision that is not a new felony, misdemeanor, or criminal-traffic offense. Examples can include failing to report, missing treatment, leaving the county without permission, violating curfew, or falling behind on required payments or community-service hours.
A new-law allegation is different. An arrest may cause a probation officer or judge to begin the VOP process, but an arrest by itself is not automatic proof that a probation violation occurred. The conduct underlying the new charge still must be established at the probation hearing under the rules that apply there.
How can a Florida probation-violation case begin?
Section 948.06 allows an officer to arrest a probationer without a warrant when the statutory conditions are met. A judge may also issue a warrant after receiving an affidavit, and in some eligible matters may issue a notice to appear instead.
For a technical violation, the probation officer must consider whether the person is eligible for an alternative sanctioning program. Eligibility is not automatic. A person should not admit a violation or waive a hearing without understanding the proposed sanction and the rights being given up.
Can you receive bond on a VOP in Florida?
There is no single bond answer for every VOP case. In many cases, section 948.06 allows the court to keep the person in custody or release the person with or without bail while the case awaits a hearing. The judge may consider whether a prison sanction is more likely than not.
Other parts of the statute require continued custody for specified categories, including certain violent felony offenders of special concern and some people facing qualifying-offense allegations. The original offense, the type of supervision, the alleged violation, and the person’s history all matter. A warrant marked “no bond” also does not mean that every case follows the same path once the person is before the sentencing court.
What happens at a VOP hearing?
A probation-violation hearing is decided by a judge, not a jury. If the alleged violation is denied and not dismissed, section 948.06 gives the probationer an opportunity to be heard in person, through counsel, or both.
To revoke probation, the State generally must prove by the greater weight of the evidence that the person willfully and substantially violated a condition of supervision. That is a lower burden than proof beyond a reasonable doubt in a criminal trial.
The evidence rules are also different. Hearsay may be considered, but it cannot be the only evidence supporting a finding of violation. In Cote v. State, Florida’s Fifth District Court of Appeal reversed a revocation where the only evidence establishing the alleged violation was hearsay.
A new criminal charge and a VOP based on the same alleged conduct are separate proceedings. Dismissal or acquittal of the new charge does not necessarily dispose of the VOP because the burdens and admissible evidence differ. For the same reason, statements about the new case should be made only after receiving case-specific advice. Learn more about the firm’s broader criminal-defense practice.
What can the judge do after the hearing?
If the State does not establish the alleged violation, the court may dismiss it. If the person admits the violation or the judge finds that it occurred, the court may continue probation, modify its conditions, place the person on community control where authorized, or revoke supervision.
If probation is revoked, section 948.06 permits the judge to adjudicate guilt if adjudication was previously withheld and impose a sentence that could originally have been imposed, subject to the governing sentencing law and applicable credit. The court retains discretion except where a statute limits it.
Florida law provides a narrower rule for some first low-risk technical violations. When every condition in section 948.06(2)(f) is satisfied—including that the person is on probation, is not a violent felony offender of special concern, has a qualifying low-risk technical violation, and has no prior filed VOP finding during the current supervision term—the court generally must modify or continue probation rather than revoke it. Exceptions and possible county-jail conditions still apply, so the label “technical” does not by itself predict the outcome.
Sarasota and Manatee County VOP procedure
The Twelfth Judicial Circuit covers Sarasota, Manatee, and DeSoto Counties. Its current Administrative Order 2024-10.3 establishes a Felony Alternative Sanctions Program for specified technical violations. The order excludes several categories, including new-law violations, absconding, no-contact violations, certain supervision histories, and violent or sexual-offense categories. Participation involves an admission and waiver of a formal VOP hearing, and any recommended sanction requires court approval.
The circuit’s felony-assignment order assigns Sarasota and Manatee felony VOP matters to divisions by the defendant’s last name and directs a related new felony case to the same division in specified circumstances.
To confirm a hearing date or assigned judge, use the official Sarasota Clerk criminal-court search or the Manatee Clerk criminal records search. Do not rely only on a third-party docket site or an old screenshot.
Practical steps after learning about a possible VOP
- Keep reporting and following every existing probation condition unless the court or supervising officer gives different instructions.
- Save the probation order, violation affidavit, warrant paperwork, notices, payment records, treatment records, messages, and proof of circumstances affecting compliance.
- Confirm court dates through the appropriate clerk and attend every required appearance.
- Do not post about the allegations or contact witnesses to influence what they say.
- Get advice before admitting a violation, accepting an alternative sanction, or discussing a related new criminal allegation.
Frequently asked questions
Does a new arrest automatically prove a probation violation?
No. A new arrest can trigger a VOP allegation, but the State still must prove the conduct relied upon at the probation hearing.
Will the judge give bond on a VOP?
The court may have authority to release a person with or without bail, but some statutory categories require custody. The answer is case-specific and should not be predicted from the warrant label alone.
Can a first technical violation lead to jail?
It may. Some qualifying first low-risk technical violations must be handled by continuing or modifying probation, but the statute allows limited jail conditions and contains exceptions. Other technical violations do not qualify.
What if the new criminal charge is dropped?
A dismissal can be important, but it does not automatically end a VOP based on the same conduct. The court applies a different burden and evidentiary framework at the VOP hearing.
The Dunn Law Firm, P.A. represents people facing felony and misdemeanor probation-violation allegations in Sarasota and Manatee Counties. If you need advice about a warrant, hearing, bond request, or related new charge, you may contact the firm for a confidential consultation.
Author: The Dunn Law Firm, P.A.
Legal reviewer: Adam Dunn
Review date: September 2, 2026
This article provides general information about Florida law as of September 2, 2026. It is not legal advice, does not create an attorney-client relationship, and should not be used as a substitute for advice about a specific case.
by Dunn Law Firm | Oct 11, 2025 | Blog, Criminal Defense, Drug Offense
Updated August 30, 2026. Florida imposes severe mandatory-minimum sentences for trafficking in dangerous fentanyl and fentanyl analogues. Because the controlling thresholds and penalties differ from some other opioids, it is important to consult the current statute rather than rely on an older chart or a generic description of “opioid trafficking.”
This article explains the basic framework in plain language. It is general information, not legal advice, and the facts, charging document, laboratory evidence, and version of the law applicable to a particular case must be reviewed individually.
Florida trafficking charges can be based on weight
Under Florida Statutes section 893.135, trafficking does not always require proof that someone completed a sale. The statute also reaches specified acts such as knowingly purchasing, manufacturing, delivering, bringing a substance into Florida, or knowingly possessing a threshold quantity.
For dangerous fentanyl and fentanyl analogues, the statute applies to fentanyl and other specifically listed substances, qualifying analogues, and mixtures containing them. That means the alleged total mixture weight can matter; the analysis is not necessarily limited to the weight of pure fentanyl.
Current dangerous-fentanyl weight thresholds
For conduct covered by the dangerous-fentanyl provision, the 2026 statute provides the following mandatory minimums:
- 4 grams or more, but less than 14 grams: 7 years in prison and a $50,000 fine.
- 14 grams or more, but less than 28 grams: 20 years in prison and a $100,000 fine.
- 28 grams or more: 25 years in prison and a $500,000 fine.
These are the dangerous-fentanyl brackets in section 893.135(1)(c)4. They should not be confused with the separate 3-year and 15-year brackets that the statute applies to certain other “illegal drugs.” The substance identified by the laboratory, the alleged mixture, and the precise statutory subsection charged are therefore critical.
Fentanyl made to resemble candy or consumer products
Florida also includes an enhanced provision directed at an adult who knowingly sells or delivers at least 4 grams of a listed fentanyl substance or mixture to a minor when the substance or its packaging has specified characteristics. Those characteristics include resembling branded food or consumer products, using actual or fake protected branding, resembling candy, cereal, gummies, vitamins, gum, or similar products, or carrying a cartoon-character imprint.
When the statutory elements are proven, the required sentence is at least 25 years and can extend to life imprisonment, together with a $1 million fine. The provision is narrower than a general statement that every colorful pill automatically produces that sentence: the recipient’s age, amount, conduct, substance, and specified product-like characteristics all matter.
Possession is not the same as proof of trafficking
A trafficking accusation based on possession still requires the State to prove knowing actual or constructive possession and the required quantity. Constructive-possession cases can involve disputed questions about who controlled a vehicle, room, package, storage area, or other location and whether the accused person knew the substance was present.
The threshold quantity is important, but a laboratory number does not answer every legal question. The defense may need to examine how items were collected, packaged, tested, and weighed; whether the laboratory identified a substance covered by the charged subsection; whether multiple packages were properly combined; and whether the chain of custody is reliable.
Issues a defense lawyer may investigate
The stop, detention, search, or warrant
Trafficking cases often begin with a traffic stop, search warrant, package investigation, confidential source, or undercover operation. A lawyer may examine whether law enforcement had lawful grounds for each search and seizure and whether the scope and duration of the encounter complied with the Constitution. Evidence obtained through an unlawful search may be subject to a motion to suppress.
Knowledge, identity, and control
Being near a substance is not automatically the same as knowingly possessing it. Shared vehicles, residences, businesses, and packages can create factual disputes about ownership, access, knowledge, and control.
Laboratory identification and weight
The charged subsection and mandatory minimum depend on what the State can prove the substance is and how much qualifying substance or mixture is involved. Laboratory reports, notes, underlying data, photographs, packaging, and weighing procedures may all require review.
Statements and recorded communications
Body-camera footage, interviews, text messages, recorded calls, and alleged admissions can affect the State’s theory. The context, completeness, authenticity, and lawfulness of that evidence should be evaluated rather than assumed.
Why early review matters
Mandatory-minimum statutes can sharply restrict sentencing discretion after conviction. Early defense work may therefore focus on the legality of the investigation, the correct charge, the weight and identity evidence, and whether the State can prove knowing possession or another covered act. No particular result can be promised, and available strategies depend on the evidence and procedural posture of the case.
For a separate explanation of Florida’s 2026 change concerning fentanyl and xylazine detection products, read Florida’s 2026 Fentanyl Test-Strip Law: What Changed.
Speak with a Sarasota criminal-defense attorney
If you or a family member is facing a fentanyl possession or trafficking allegation in Sarasota or Manatee County, contact The Dunn Law Firm at (941) 866-4352 to discuss the specific circumstances.
This article is general information based on Florida law in effect as of August 2026. It is not legal advice and does not create an attorney-client relationship. Laws and individual facts can change the analysis.
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