Tampa Drug Possession Attorney

If you have been arrested and accused of drug possession in Tampa, the situation is serious. Florida prosecutors believe that drug possession is a gateway crime and will pursue these cases aggressively. The severity of the charge depends on the type of drug, amount, and location of the offense, but the majority of drug possession offenses are classified as either second-degree felonies or third-degree felonies. A conviction can mean not just jail time and fines; it can bring a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits. Your future is on the line, so this is not something you should face without help from the best defense possible.

Why Choose Taracks & Associates?

At Taracks & Associates, we know that drug offenses are often overcharged and are dedicated to protecting your rights and achieving the best possible outcome. Here are some reasons to choose our firm:

• We are experienced. With more than 30 years of experience on our side and an impressive record of success in defending and representing our clients, our Tampa drug possession lawyer is equipped to handle all types of cases, including the most serious of felony offenses.
• Barry Taracks, the founder of our law firm, was a prosecutor becoming a criminal defense attorney in Florida, which gives him a unique insight into the methods of the prosecution. He understands how the other side will build and present their case, which allows him to make better deals and better defend our clients facing a drug possession case. He has a long history of practicing in both state and federal courts, handling more than 10,000 cases and acting as lead attorney in more than 185 jury trials.
• We constantly strive to become more educated and informed in our field of practice. For example, Mr. Taracks became certified to operate the Intoxilyzer 5000, a device used to determine if driving under the influence of alcohol.
• We provide a personized approach to our clients, preparing each case as if it’s going to trial and ensuring that every legal avenue is explored.
• We offer free consultations to discuss the circumstances of your case and determine the best way to defend you.

Drug Possession Lawyer Explains Florida Laws and Punishments

Florida laws on drugs are found in Florida Statutes Title XLVI § 893.13. Florida organizes controlled substances into five schedules, ranked by their medical use and potential for abuse, as follows:

• Schedule I: e.g., heroin, LSD, ecstasy
• Schedule II: e.g., cocaine, methamphetamine, fentanyl, oxycodone
• Schedules III–V: prescription meds with lower abuse potential
• Joint possession: drugs controlled by multiple individuals

The law makes it illegal to knowingly possess any controlled substance without a valid prescription. In addition, the law distinguishes between types of possession, as follows:

Actual possession – occurs when someone has direct physical control over a controlled substance, such as if drugs are found on your body or in a container you are carrying during a search by law enforcement.

Constructive possession – is when drugs are found in a place you control, but it is not necessary that they be found on your person. This can happen in situations where someone has access to location where the drugs were found, such as in a car’s glove box or in a storage unit belonging to you.

Shared possession – when drugs are found in a place multiple people have access to (e.g., a car or apartment)

Penalties For Drug Possession

Penalties for drug possession vary according to circumstances. Crimes may be charged as misdemeanors or felonies, depending on the type & amount, as follows:

Marijuana (Under 20g)

• First-degree misdemeanor
• Up to 1 year in jail, $1,000 fine
• Typically includes driver’s license suspension
• Some local jurisdictions issue only civil citations with fines (e.g. Broward, Miami-Dade) instead of criminal charges

Marijuana (>20g to trafficking thresholds)

• Third-degree felony
• Up to 5 years prison, $5,000 fine Other Controlled Substances (cocaine, heroin, etc.)
• Small amounts (e.g. ≤28g cocaine, ≤4g heroin): Third-degree felony
• Larger quantities (e.g. >28g cocaine, >4g heroin): First-degree felony. This may trigger automatic trafficking charges and mandatory minimum prison sentences, often 3 years or more, especially if within 1,000ft of schools, childcare facility, or park, or involving minors.
• Penalties: up to 30 years imprisonment, fines up to $250,000, with mandatory minimums in many trafficking cases

Drug Paraphernalia (F.S.893.147)

• First-degree misdemeanor: up to 1 year jail, $1,000 fine

In addition, conviction for drug possession may lead to driver’s license suspension and consequences such as difficulty finding housing or employment, loss of civil rights like voting or firearm eligibility, and possible deportation for non-citizens.

Defenses Against Drug Possession Charges — How Our Tampa Drug Possession Defense Attorney Can Help

Being charged with drug possession is serious, but all is not lost. You are considered innocent until proven guilty, and the prosecution has the burden of proof beyond a reasonable doubt. To get a conviction, prosecutors must prove:

• The substance is illegal under Florida’s controlled substance schedules.
• You knew of the illegal nature and presence of the drug.
• You had “control” over the substance (personal possession or control over the place it was found).

Depending on the circumstances, there are several defenses our experienced Tampa drug possession lawyers may use to combat these allegations. These may include:

• Argue lack of knowledge. Our attorney may be able to show you were unaware of the presence of drugs, or that they belonged to someone else. Evidence might include witness testimony, evidence of others’ having access to the area, or even drug tests to show you do not use the substance in question.
• Challenge constitutional violations of your rights. This defense is useful if your rights were violated, such as if there was illegal search and seizure, failure to obtain a warrant for entry, failure to have your “Miranda Rights” read at the time of the arrest, or if an improper confession was obtained. There may have been problems with law enforcement, such as entrapment, or evidence was improperly handled, analyzed or stored. If your constitutional rights were violated, evidence may be suppressed.
• Show valid prescription when applicable or improper identification of substances.
• Negotiate reduced charges, access to diversion programs, or alternative sentencing like probation or drug court participation.
• Defend you at trial.

Our Tampa drug possession lawyers examine all aspects of your case, including the credibility of witnesses, the handling of evidence, and any potential alibis. We may also use expert witnesses, such as drug analysts or forensic scientists, to testify on your behalf to challenge the prosecution’s claims.

Get Help from a Tampa Drug Possession Defense Lawyer at Taracks & Associates

Anyone facing possession or other drug crime charges must take steps to ensure their rights are fully protected. At Taracks & Associates, founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by making sure your rights are protected, challenging the credibility and reliability of the evidence against you, and building a defense tailored to your individual situation.

Our Tampa criminal defense lawyers provides solid advice and guidance every step of the way. We are committed to delivering legal representation with honesty and integrity and will maintain open communication throughout your case, providing updates, and giving straightforward answers to your questions.