Tampa Drug Possession Attorney

Fighting Florida Drug Possession Charges for Over 20 Years

Drug possession is the criminal act of possessing illegal drugs for personal use, distribution, sale, or other activity. Florida takes a tough stance on drug crimes. If you are found in possession of an illegal drug, you can expect to face strict penalties. These penalties will vary depending on the type of drug and the amount but may include steep fines, jail time, or even years in state prison if convicted. If you’ve been accused of drug possession in Tampa or anywhere in Florida, we urge you to exercise your right to legal counsel by involving a competent attorney as soon as possible.

At The Law Offices of Jeff Paulk, we are committed to helping people who are going through the most challenging situations in their lives. Tampa drug possession attorney Jeff Paulk is a former prosecutor with over 20 years of legal experience. He knows how to protect your rights and fight for your future. 

If you’ve been charged with illegal drug possession, you don’t have time to wait. Contact our office now at (813) 321-7323 for a free, confidential consultation.

Drug Possession Charges & Penalties in Florida

In Florida, you can be charged with illegal drug possession if you are found to be in possession of an illegal substance or unlawfully in possession of a legal drug, such as a prescription medication.

Drug possession charges may involve controlled substances such as:

• Marijuana
• Cocaine
• Speed
• LSD
• Psilocybin
• Ecstasy
• Meth
• Prescription drugs

To illustrate how penalties can vary, consider this: if you are found with 20 grams or less of marijuana, you will face first-degree misdemeanor charges, which come with penalties of up to 1 year in jail along with a $1,000 fine. If you are charged with being in possession of 20 or more grams of marijuana, however, you may be charged with a third-degree felony, which could result in penalties of up to 5 years in jail along with $5,000 in fines.

Some examples of possible penalties for drug possession in Florida include:

• Cocaine: Up to 5 years in prison for possessing up to 28 grams
• Ecstasy: Up to 5 years in prison for possessing up to 10 grams
• Methamphetamine: Up to 5 years in prison for possessing any amount

Importantly, these are just the starting point for drug possession crimes in Florida. Various factors, including the type and amount of the substance allegedly in your possession, can significantly impact the charges and penalties you face.

Drug Possession & Drug Trafficking Charges in Florida

In some cases, drug possession charges can be escalated to drug trafficking charges. This may happen when a person sells, manufactures, imports, or purchases drugs above a specific amount. These charges are very serious and may carry mandatory minimum sentences. For example, a person alleged to have 200 to 400 grams of cocaine can face a minimum of 7 years in prison and $100,000 in fines. 

Florida Drug Possession Schedules

Controlled substances are divided into schedules (categories) based on their potential for abuse and whether they have any medicinal value. Schedule I drugs, including LSD and heroin, are considered the most dangerous and have a high potential for abuse with no accepted medical value. Schedule II drugs, including cocaine and morphine, have a high potential for abuse but some accepted—and restricted—medical uses. Schedule III drugs, like anabolic steroids, have an accepted medical use but a potential for abuse. Schedule IV and Schedule V drugs have a lower potential for abuse and accepted medical applications.

The following felony drug possession penalties apply in Florida:

• >10 grams of a Schedule I substance: First-degree felony, punishable by up to 30 years in prison and/or a fine of up to $10,000.
• >10 grams of a Schedule II, III, IV, or V controlled substance: Third-degree felony, punishable by up to 5 years in prison and/or a fine of up to $5,000.
• >20 grams of marijuana: Third-degree felony, punishable by up to 5 years in prison and/or a fine of up to $5,000.

Possession of fewer than 20 grams of marijuana is a first-degree misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $1,000.

How Do I Get My Drug Possession Charges Dismissed?

Defendants under specific circumstances could qualify for Florida's innovative Pre-Trial Intervention Program. PTI is a supervised program similar to probation—defendants are required to report to a supervisor every month, complete community service and counseling or treatment, and pay specific supervisory fees.

If the defendant completes the Pre-Trial Intervention Program, their drug possession charges may be dismissed.

However, PTI is only available to specific defendants. If you were arrested for drug possession, you're only eligible for PTI if you're either a first offender or have only one non-violent conviction on your record. Additionally, at most, the charge must be a second- or third-degree felony possession charge; no first-degree felony charges will be eligible for PTI dismissal. If you meet those conditions (and you convince the judge to allow you into the program), you may be able to get your charges dismissed.

Dismissal of your charges can protect your job, as well as your ability to find a job in the future. It can protect your ability to find safe, affordable housing, get an education, and advance your career. In short, having your drug possession charges dismissed protects your future. If there's a remote chance that you could get your case dismissed, you should fight tooth and nail to take that opportunity.

The key here is convincing the judge of your eligibility, something a Tampa drug possession lawyer can handle. Understanding the law, the court, and even the judge in your case is vital to getting a dismissal or a lower conviction. Your best chance for a positive outcome, whatever it is, is working with a drug possession attorney like Jeff Paulk.

Possession Charges & Addiction in Florida

According to the National Institute on Drug Abuse, many people don’t understand drug addiction. There are plenty of people who mistakenly believe that a person becomes addicted to drugs because they are weak, immoral, or lack willpower and that anyone could quit if they decide to. In reality, substance abuse and drug addiction are much more complicated. The National Institute on Drug Abuse puts it this way, “drug addiction is a complex disease, and quitting usually takes more than good intentions and strong will.” 

Research has discovered that drugs change the way our brains operate, and these changes make quitting hard. Drug addiction is defined as a “chronic disease” in which the user seeks out drugs. The use itself is challenging to control and compulsive, regardless of the dangerous consequences. Usually, the first time someone tries drugs, it’s voluntary; however, repeated drug use changes the person’s brain, overcoming the user’s sense of self-control. Ultimately, the individual loses the ability to resist.

Over time, long-term drug use affects the user’s judgment, memory, behavior, and decision-making ability. Even if individuals become aware of these negative changes in their mood and behavior, they continue taking the drugs because that’s the effect of addiction. In light of the above information, we are not necessarily saying that every person arrested for drug possession is addicted. However, there is a strong link between drug use and addiction, so there is an underlying substance abuse problem for many facing drug possession charges.

In jurisdictions across the country, probation officers and lawmakers have observed that penalizing drug offenders is not very effective. Usually, drug users do not get better after they are sent to jail and fined. In light of that fact, many counties throughout the country have implemented Drug Courts, all of which aim to get to the root cause of the defendant’s drug use so the person can receive treatment.

How Florida Drug Courts Work

Here in Hillsborough County, we have a program called the Adult Drug Pretrial Intervention Court. This program is for non-violent, first offenders who are facing drug charges. 

For eligible defendants, successful completion of the program means avoiding a felony conviction on their record. Once the defendant proves themselves by completing the program, the State Attorney's Office drops the charges.

To participate in a Florida Drug Court, you must: 

• Admit that you have a drug problem
• Be at least 18 years of age
• Have no felony convictions
• Agree to receive treatment
• Waive your right to a speedy trial
• Not have participated in the program before

If you would like to learn more, please contact The Law Offices of Jeff Paulk and set up a complimentary consultation with our Tampa drug possession attorney. We can review the details of your situation and determine if you may be eligible for Florida’s Adult Drug Pretrial Intervention Court. 

Possession with Intent

In Florida (and nationwide), the mere possession of certain controlled substances is enough to warrant a criminal charge. But, when coupled with the intent to sell, drug possession charges may yield steeper fines and longer prison sentences. 

To convict a person of possession with intent to deliver, the prosecution must prove the defendant possessed the desire, ability, and/or equipment to distribute an illegal substance, and that the defendant possessed the drug in question.

Any of the following can be used to prove intent to sell in Florida:

• Expressed intention to sell
• Presence of weapons
• Presence of money
• Paraphernalia or packaging

If you have been charged with possession with intent to distribute illegal substances (PWID), get in touch with an attorney from The Law Offices of Jeff Paulk. Despite the evidence required for such a conviction, a capable attorney can often take several avenues to develop a strong defense. In some cases, we may be able to demonstrate that you did not have a drug or related substances. In others, we can show that your rights were violated in some way. We provide unwavering representation to combat possession with intent to distribute charges in Tampa and beyond.

Tampa drug possession attorney Jeff Paulk knows how to ask the right questions, such as:

• Did law enforcement have a warrant or probable cause to search your person/property?
• Was there another reason that bags, scales, or cash were present?
• Were your rights violated in any way?
• Was evidence mishandled?
• Were the drugs actually yours? Did you have knowledge of their presence?

What Should I Do If I’m Arrested for Drug Possession?

The most important things to remember if you’re arrested for drug possession—or any crime—are your right to remain silent and your right to an attorney. Be polite but exercise your right to remain silent and ask for an attorney. By trying to answer questions, you could unintentionally say or do something that could be used against you.

Here’s what to do if you’ve been accused of drug possession:

• Remain silent.
• Remain calm and polite.
• Do not resist arrest or try to argue with the police.
• Make it clear that you will not answer any questions without your attorney present.
• Do not post bail without an attorney’s counsel.

At The Law Offices of Jeff Paulk, we are dedicated to helping people who’ve been arrested for drug possession in Tampa and throughout Florida. From the very beginning, we can work to protect your rights. We can consider whether your bail can be lowered or eliminated entirely so that we can secure a release on your own recognizance. Our intervention can even prevent formal charges from being filed in the first place, and we can handle complex matters like drugs that aren’t yours, illegal searches, or other violations of your constitutional rights.

Get the Help You Need From a Drug Possession Lawyer in Tampa

If you are facing any drug-related charges, contact our firm to schedule a free consultation with a Tampa drug possession lawyer. As a former prosecutor with decades of successful results who has handled thousands of criminal cases throughout his career, Attorney Jeff Paulk has what it takes to defend you. Depending on your circumstances, you could face severe and long-lasting consequences for possession or possession with intent to sell. Our firm is here to help you fight to make sure that doesn’t happen.

Contact The Law Offices of Jeff Paulk today by calling (813) 321-7323 to learn how we can help with your drug possession charges.