Experienced Drug Possession Attorneys In Tampa
If you or a loved one is facing drug possession charges in Tampa, you’re likely feeling overwhelmed and uncertain about the future. At Escobar, Michaels & Associates, we understand the gravity of your situation and the impact it can have on your life.
Drug possession laws in Florida are complex, and the consequences can be severe, but you don’t have to handle this challenge alone. Our skilled attorneys are here to guide you through the legal process, protect your rights and fight for your side of the story.
What Is Drug Possession?
Possession means to have ownership or control over an illegal drug or controlled substance. There are three main types:
- Actual possession: Having the illegal drug or controlled substance in your hand, in your pocket or in a container or bag that is in your hand or on your person.
- Constructive possession: The illegal drug or controlled substance is in a place over which you have control or in which you have concealed it.
- Joint possession: Two or more people possess the same illegal drug or controlled substance.
Both federal and state laws prohibit the possession of illegal drugs such as marijuana, cocaine, heroin, methamphetamine, LSD, ecstasy and others. Legally prescribed drugs may be illegally possessed as well. Common examples of illegally possessed prescription drugs include oxycodone, hydrocodone and methadone.
State and federal laws also make it illegal to possess what are called precursor chemicals, which are chemicals commonly used to manufacture drugs.
Possession of a large amount of drugs or drugs packaged in a certain manner may lead to charges of trafficking or possession with intent to deliver or sell.
What Is Possession Of Drug Paraphernalia?
Possession of drug paraphernalia is also a crime under state and federal law. Drug paraphernalia typically refers to any equipment that is used to produce, hide and use illicit drugs, such as:
- Bongs
- Roach clips
- Miniature spoons
- Different kinds of pipes
The term drug paraphernalia is defined under federal law as “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.”
Drug paraphernalia products are often marketed as though they were designed for legitimate purposes. Law enforcement will attempt to identify drug paraphernalia based on factors such as how the items are displayed for sale, the descriptive materials or instructions that come with the items and the type of business selling them.
Under federal law, the drug paraphernalia statute, U.S. Code Title 21, Section 863, makes it unlawful for any person to sell or offer for sale drug paraphernalia, to use the mail or any other facility of interstate commerce to transport drug paraphernalia or to import or export drug paraphernalia.
Your First Step
If you think you are being investigated for a drug offense or have been charged with drug or paraphernalia possession, possession with intent to deliver, sale or delivery, conspiracy or trafficking, contact the law office of Escobar, Michaels & Associates.
We are in Tampa and our attorneys are experienced in defending drug cases throughout the state, including Hillsborough, Pinellas, Polk, Pasco and Manatee counties. Our attorneys are also experienced and licensed to practice in federal court, including in the Middle District of Florida.
We have represented clients on state and federal charges throughout the United States in many high-profile cases. We will aggressively pursue your constitutional right not to have your home, your car or your person searched without a warrant or with a defective warrant.
Call for a free consultation. It is important to contact an attorney as early in the case as possible. In many cases, our attorneys have been able to intervene in law enforcement investigations to prevent an arrest or to fight for a dismissal.
A Team With Experience
At Escobar, Michaels & Associates, we aggressively defend drug cases through extensive investigation, forensic analysis and thorough preparation. We protect our clients’ constitutional rights with zealous pretrial and jury trial representation.
Our attorneys are well-experienced in the area of criminal law from both sides of the courtroom. Together, we have more than 80 years of legal experience.
If you or a loved one is facing drug charges, contact our law firm today and let our team of attorneys put together the best plan for your defense.
Common Types Of Drugs And Related Issues
We defend clients charged with possessing the following substances:
- Crack cocaine
- Crystal methamphetamine
- Drug-facilitated sexual assault
- DXM
- Fentanyl
- Foxy
- Fry
- GHB and analogs
- Heroin
- Inhalants
- Jimsonweed
- Ketamine
- Khat
- LSD
- Marijuana
- MDMA
- Methadone
- Methamphetamine
- OxyContin
- PCP
- Powdered cocaine
- Psilocybin
- Ritalin
- Rohypnol
- Salvia divinorum
- Steroids
- Triple C
- Yaba
Regardless of the drug in question, your lawyer from Escobar, Michaels & Associates is ready to fight for your rights.
Addressing Common Concerns About Drug Possession Charges In Tampa
We often receive questions from clients concerned about drug possession charges. To help you better understand your situation, we’ve compiled some of the most frequently asked questions about drug possession in Florida.
What is the penalty for first-time drug possession in Florida?
The penalties for first-time drug possession in Florida can vary significantly depending on the type and amount of drug involved. For less serious offenses, such as possession of small amounts of marijuana, penalties may include up to one year in jail, a fine of up to $1,000 and a mandatory two-year driver’s license suspension.
However, possession of harder drugs like cocaine or heroin, even for first-time offenders, can result in felony charges, which carry penalties of up to five years in prison and fines up to $5,000. Additionally, a drug conviction can have long-lasting consequences on employment, housing and education opportunities.
It’s important to note that Florida law allows for alternative sentencing options for some first-time offenders, such as drug court or pretrial intervention programs, which can help avoid a conviction on your record.
Can I get a drug possession charge dropped?
Yes, it is possible to get a drug possession charge dropped, but it depends on the specifics of your case. There are several strategies an experienced defense attorney might employ:
- Challenging the legality of the search and seizure: If the drugs were obtained through an illegal search, the evidence may be suppressed, potentially leading to dismissed charges.
- Proving lack of knowledge or possession: If you can demonstrate that you were unaware of the drugs’ presence or that they didn’t belong to you, charges might be dropped.
- Participating in a pretrial diversion program: For some first-time offenders, completing a court-approved program can result in charges being dismissed.
- Negotiating with the prosecutor: In some cases, an attorney may be able to negotiate for reduced or dismissed charges, especially if there are weaknesses in the prosecution’s case.
Remember, the possibility of getting charges dropped varies case by case, which is why it’s vital to have a skilled defense attorney evaluate your situation.
How long does a drug possession case take?
The duration of a drug possession case can vary widely depending on several factors. A straightforward case might be resolved in a few months, while more complex cases could take a year or longer. Factors that can influence the timeline include:
- The severity of the charges and the type of drug involved
- Whether you choose to accept a plea deal or go to trial
- The court’s current caseload and scheduling
- Any pretrial motions filed by your attorney
- Your participation in diversionary programs, if applicable
It’s important to understand that while a swift resolution might seem desirable, sometimes a longer process can work in your favor, allowing your attorney more time to build a strong defense or negotiate a better outcome. Your attorney will work to balance the need for a thorough defense with the goal of resolving your case as efficiently as possible.
These answers provide a general overview, but drug possession cases can be complex and highly individual. If you’re facing drug possession charges, it’s crucial to consult with an experienced criminal defense attorney as soon as possible.
Discuss Your Case With An Experienced Lawyer Today
When you’re facing drug possession charges, every moment counts. At Escobar, Michaels & Associates, we don’t just defend cases – we defend futures. Our team of seasoned attorneys has a proven track record of turning legal challenges into opportunities for redemption.
Don’t let another day pass without the protection you deserve. Reach out to us now at 813-513-0274 or through our online form.
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