Drug Possession Charges in Florida: What Happens After an Arrest
Drug possession charges in Florida often start with an ordinary moment: a traffic stop, a search of a home or car, or an investigation that began with someone else. For many people it is their first time in the criminal justice system, and for families it can be hard to know what happens next. Depending on the facts, these cases can be charged in Florida state court, federal court, or both.
Here is a plain-language look at how possession cases are generally handled in Florida and, less often, in federal court, at the time of this writing. Every case is different and laws change, so to talk about your own situation, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, drug possession is generally charged under Section 893.13, Florida Statutes (Prohibited acts; penalties). In the federal system, simple possession is typically addressed under 21 U.S.C. § 844 (Penalties for simple possession). As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Drug Possession
Under Florida law, possession generally means knowing that a controlled substance is present and having the ability to control it. That can mean actual possession, such as drugs in a pocket, or constructive possession, such as drugs found in a shared car or home. Constructive possession cases often turn on who knew the substance was there and who had control over the place it was found.
How serious a possession charge is generally depends on the type of substance, its schedule, and the amount. Some small-amount cases are misdemeanors, while many possession charges are felonies. A possession case can also bring consequences beyond the courtroom, such as effects on a driver license, employment, professional licenses, or immigration status. Pretrial diversion programs also exist, and some people may qualify. Our posts on Hillsborough pretrial intervention and Pinellas pretrial intervention explain more.
When Drug Possession Becomes a Federal Case
Most simple possession cases are handled in state court. Possession can become a federal case when it happens on federal property, such as a military base, national park, or federal building, at an airport or port of entry, or when it is connected to a larger federal drug investigation.
When a possession case does go federal, it is generally prosecuted by the U.S. Attorney’s Office, and for the Tampa area that means the Middle District of Florida. A person can sometimes face charges in both systems for related conduct. You can read more on our federal offenses page.
How Drug Possession Investigations Often Start
Many possession cases begin with a traffic stop, a consent search, a call for service, or a probation check. Others grow out of a larger investigation, where officers execute a search warrant at a home or business and charge everyone present. Sometimes the first sign of trouble is a call from a detective asking to “clear something up.”
Attorney Ron Frey generally advises that anyone contacted by police about a drug matter speak with an attorney before making any statements or agreeing to a search. Statements made in the moment are often a central part of the case.
What a Drug Possession Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the stop and search were lawful under the Fourth Amendment, whether the person actually knew about the substance and had control over it, whether the substance was properly tested and identified, and how the evidence was handled from the scene to the lab. In shared spaces, simply being near drugs is not the same as possessing them.
Drawing on over 20 years of criminal defense experience in state and federal court, Attorney Ron Frey looks closely at how the search happened and how the evidence was handled.
Arrested for Drug Possession in Tampa or St. Pete? Call Attorney Ron Frey.
A possession arrest is stressful, especially for someone who has never been in trouble before, but it is the beginning of a process, not the end of one. If you or a family member has been arrested or contacted by police about a drug matter, a conversation with a lawyer is a good first step. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about drug trafficking charges in Florida or learn more about the drug charges we defend.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.