Drugs Found in a Car You’re In: Tampa Drug Charges
If drugs are found in a car you’re riding in or driving, you can be arrested and charged in Tampa or elsewhere in Hillsborough County. That can happen after a traffic stop. It can also happen when officers search a vehicle during a larger investigation. Many people in this position have never been in trouble before. They may have been a passenger. They may not have expected to be arrested.
If this has happened to you or to someone in your family, talk to a lawyer. Attorney Ron Frey of The Frey Law Firm, LLC can review what happened and explain, in general terms, what may come next. Call or text (813) 775-2276 for a free, confidential initial consultation.
How a passenger or driver can be charged when drugs are found in a car
Florida drug charges are not limited to a substance found in someone’s pocket. A drug possession case can be based on actual possession or on constructive possession.
Actual possession generally means the substance was on the person, or in something the person was holding. Constructive possession, in general terms, is alleged when the drugs were not on the person, but prosecutors say the person knew they were there and had some ability to control them. That argument often comes up when a substance is found in a center console, a glove box, under a seat, in a door pocket, or in a bag in the car.
Being in the car, by itself, may not be enough for a possession charge. The facts matter, and every case is different. Investigators and prosecutors may look at where the substance was found, who owned or was driving the car, how many people were inside, what was said at the scene, and whether other items were found nearby. None of those details automatically decides a case. A driver is not automatically responsible for everything in the vehicle. A passenger is not automatically in the clear. In some situations more than one person is charged.
These cases are generally brought under Florida’s drug laws, including section 893.13, Florida Statutes. How serious a charge may be can depend on the type of substance and the amount alleged, among other facts. A website can’t tell you how any of that applies to you.
How these situations come up in Tampa and Hillsborough County
A stop by the Tampa Police Department or the Hillsborough County Sheriff’s Office can lead to a search of the car. In other cases, officers are already at a home or another location as part of an investigation, and a vehicle at the scene is searched as well. People who were only riding along are sometimes arrested too.
Families are often surprised by that. Someone may have accepted a ride, or been a passenger on a short trip, and then been booked on a drug charge. Along with whether drugs were in the car, the case often turns on what the State can prove about knowledge and control.
If the investigation involved a warrant, our post on warrants in Hillsborough County may also be useful background.
What can follow an arrest in Hillsborough County
In general terms, a person arrested in Tampa or elsewhere in Hillsborough County is booked locally. A first appearance in Hillsborough County usually happens quickly after an arrest. A judge addresses release conditions and related issues. First appearance is not a trial, and it does not decide the whole case.
After release, there may be court dates and conditions to keep track of. Our FAQ on steps after an arrest in Florida covers some of those next questions in general terms. A friend or family member can call Attorney Ron Frey while the person is still being held, or after they are released.
If this is a first arrest, that does not mean the case is minor. It also does not mean every first case is handled the same way. Our page for first-time offenders explains some of the options that sometimes come up, depending on the charge and the facts.
Frequently asked questions
Can a passenger be charged if drugs are found in a car in Tampa?
Yes. A passenger can be charged, depending on the facts. Being a passenger does not, by itself, decide whether a possession case can be brought.
Is just being in the car enough?
Not necessarily. Presence alone may not be enough. Prosecutors generally try to show that the person knew the substance was there and had some ability to control it. That can be disputed. It depends on the evidence in the case.
What if I did not know the drugs were in the car?
Knowledge is generally part of a possession case in Florida. Whether the State can prove it is a fact question. A website can’t answer that for your situation. If you are worried about a charge, or about questions you may be asked, talk to a lawyer before you respond. Call or text Attorney Ron Frey at (813) 775-2276.
What if the car was not mine?
Ownership of the car can be one fact in the case. It does not automatically decide whether a driver or a passenger can be charged. The facts as a whole still matter.
Talk with Attorney Ron Frey
Every situation is different. A website can’t tell you what will happen in your case. If you or a family member was charged after drugs were found in a car in Tampa or Hillsborough County, or you think that could happen, call or text Attorney Ron Frey at (813) 775-2276. The Frey Law Firm, LLC offers a free, confidential initial consultation by phone, video or in person.
This post is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.