Tampa Drug Possession Lawyer

Board-Certified Criminal Defense Attorney in Tampa, FL

If you’ve been arrested for drug possession in Tampa, your next steps could determine the rest of your life. Florida’s drug laws carry severe penalties, even for small amounts of controlled substances. A conviction can lead to jail time, probation, loss of driving privileges, and a permanent criminal record that follows you for years.

At Stechschulte Nell, our lead attorney Ben Stechschulte is a board-certified criminal trial lawyer and former prosecutor who understands how the State builds its case — and how to dismantle it. We combine strategic legal knowledge with courtroom experience to protect your record, your rights, and your future.

Understanding Drug Possession Charges in Florida

Under Florida Statute §893.13, it is illegal to possess, sell, or distribute controlled substances without a valid prescription. Possession means having actual control over a drug, whether it’s in your pocket, car, or home.

There are two main types of possession recognized under Florida law:

• Actual possession: The substance is found directly on your person or in a container you control, such as a purse or wallet.
• Constructive possession: The drugs are found in a place you have access to — for example, in a shared vehicle or home — but not on your person. Prosecutors must prove you knew about the drugs and had control over them.

Even trace amounts can result in criminal charges. Florida’s controlled-substance schedules classify drugs from Schedule I (most serious, such as heroin) to Schedule V (least severe). The type and quantity of substance influence whether the charge is a misdemeanor or felony.

Common Drug Possession Cases We Handle

Our Tampa defense firm represents clients facing all types of possession allegations, including:

• Marijuana possession: Florida still treats possession of more than 20 grams as a felony.
• Cocaine possession: Typically a third-degree felony with up to five years in prison.
• Prescription drug possession: Oxycodone, hydrocodone, Adderall, Xanax, and other medications without a valid prescription.
• Methamphetamine, heroin, or fentanyl possession: Often charged as serious felonies with mandatory minimums.
• Drug paraphernalia cases: Pipes, syringes, or baggies associated with drug use.
• Possession within 1,000 feet of a school or park: An enhanced offense with harsher penalties.

Each case is unique, and even small differences — the amount, location, or how the search occurred — can drastically change your legal options.

Consequences of a Drug Possession Conviction

Florida’s penalties for possession depend on the drug type and quantity:

Misdemeanor possession (under 20 grams of marijuana or certain prescription drugs):

• Up to one year in county jail
• $1,000 fine
• Driver’s-license suspension for one year
• Mandatory drug evaluation and treatment

Felony possession (cocaine, heroin, methamphetamine, or larger quantities):

• Up to five years in state prison
• $5,000 fine
• Probation, random drug testing, and community service
• Possible forfeiture of property tied to the alleged offense

Beyond legal penalties, a conviction can prevent you from getting a professional license, affect immigration status, and limit employment or housing opportunities. Our goal is to resolve your case with dismissal, reduction, or entry into a program that avoids conviction.

What to Expect After an Arrest

1. Arrest and Booking
   Police may arrest you immediately or after an investigation. After booking, you’ll see a judge within 24 hours. We advocate for release on your own recognizance or the lowest possible bond.
2. Formal Charges
   The State Attorney’s Office reviews the evidence and determines what charges to file. Early intervention from your attorney can sometimes persuade prosecutors not to file or to file reduced charges.
3. Discovery Phase
   Our team obtains police reports, lab results, witness statements, and video evidence. We look for every procedural or constitutional flaw — from illegal searches to chain-of-custody issues.
4. Negotiation and Diversion
   For eligible clients, we pursue pretrial intervention programs that can result in charges being dropped upon completion of treatment, counseling, or community service.
5. Trial Preparation
   If trial is necessary, we build your defense through expert testimony, suppression motions, and cross-examination strategies that challenge the prosecution’s burden of proof.

Effective Defense Strategies for Drug Possession

Our defense is built on exposing weaknesses in the State’s case. Common strategies include:

• Unlawful search and seizure: Evidence obtained without probable cause or a valid warrant can be excluded.
• Lack of knowledge or intent: The State must prove you knew the drugs were present and intended to control them.
• Constructive-possession challenge: In shared spaces, the prosecution often struggles to prove who actually possessed the drugs.
• Invalid lab results: We review testing methods for contamination or procedural errors.
• Prescription or medical justification: Possession with a valid prescription or under medical supervision may not be criminal.
• Entrapment or procedural misconduct: If law enforcement induced the offense or mishandled evidence, dismissal may be possible.

Each defense is tailored to your facts, your history, and the available evidence. Our goal is to either get the charges dropped outright or mitigate them to protect your future.

Local Insight: How Tampa Prosecutors Handle Possession Cases

Tampa and Hillsborough County prosecutors have discretion in how aggressively they pursue possession charges. First-time offenders are often eligible for diversion programs such as Pretrial Intervention (PTI) or Drug Court, which focus on rehabilitation instead of punishment. Successful completion can result in dismissal and eligibility for record sealing.

However, repeat offenders or those caught with high-value narcotics often face tougher negotiation conditions. Our experience working on both sides of the courtroom allows us to anticipate the prosecution’s approach and negotiate effectively. We know which arguments and documentation local judges find persuasive when considering bond reduction or diversion acceptance.

Why Hire a Board-Certified Tampa Criminal Defense Lawyer

Board certification is Florida’s highest level of recognition for legal skill and ethics. To earn it, an attorney must demonstrate extensive trial experience, pass rigorous testing, and receive peer review from judges and lawyers.

Attorney Ben Stechschulte brings years of experience as both prosecutor and defense attorney to every case. This background means he understands how evidence is built, what motivates prosecutors, and which weaknesses matter most. With that insight, we often resolve cases before trial — saving clients stress, cost, and exposure.

Steps to Take After a Drug Possession Arrest

• Do not speak to law enforcement without a lawyer present. Anything you say can be used against you.
• Document everything — time of arrest, officers involved, and where drugs were found.
• Preserve evidence such as text messages or witness contact information that might support your defense.
• Avoid social-media posts about the case. Even innocent comments can be misconstrued.
• Contact a defense attorney immediately so we can start working on your case before formal charges are filed.

Quick action can mean the difference between a clean record and a lifelong conviction.

Contact Us at Stechschulte Nell Today

If you or someone you love has been charged with drug possession in Tampa, don’t face the system alone. Stechschulte Nell provides experienced, compassionate defense backed by board certification and prosecutorial insight.

We offer free, confidential consultations and 24-hour availability for urgent legal matters. Call today to discuss your case, explore your options, and take the first step toward protecting your freedom and your future.

Types of Drug Possession Cases We Handle

Facing a drug possession charge can be overwhelming, especially when you’re unsure what the future holds. At Stechschulte Nell, we’re here to provide support and reliable representation. We work with individuals across a wide range of drug-related cases and understand that each situation involves its own facts, substances, and legal circumstances. As a Tampa, FL drug possession lawyer, we bring experience in courtroom strategy and case preparation to protect our clients’ rights at every stage.

Simple Possession Charges

We regularly handle simple possession cases involving controlled substances like marijuana, cocaine, methamphetamine, ecstasy, and prescription medications without a valid prescription. These charges often stem from a small amount of drugs found on a person or in a vehicle. While they may appear minor, the consequences can include jail time, probation, and a permanent criminal record. Our approach focuses on identifying any search and seizure issues or procedural errors that can influence the outcome of the case.

Possession with Intent to Distribute

Some cases involve larger quantities of a drug or other indicators such as packaging materials, cash, or digital evidence suggesting that the drugs were not for personal use. These factors can lead to more serious charges like possession with intent to distribute. These cases tend to carry stiffer penalties, and we know how to examine the evidence critically. Our team reviews police conduct and aims to challenge any assumptions made by law enforcement based on quantity alone.

Constructive Possession Cases

In situations where drugs are not found directly on a person but rather in a shared space—such as a car, home, or apartment—prosecutors may rely on the theory of constructive possession. This means they must prove a person had control over the substance and knowledge it was present. These cases often rest on circumstantial evidence, and we carefully analyze every detail to dispute the connection between our client and the drugs.

Juvenile Possession Offenses

Young people charged with possession can face serious consequences that impact their education and future employment. We represent minors in both juvenile and adult courts, depending on how their case is charged. Our focus is on minimizing the long-term effects of the charge and looking for resolutions that emphasize rehabilitation over punishment.

Prescription Drug Possession

We also work with clients charged with illegal possession of prescription medications such as OxyContin, Xanax, Adderall, and others. These cases may involve a lack of valid documentation or allegations of using someone else’s prescription. We look into the origin of the prescription, any misunderstandings, and the legitimacy of the search that led to the arrest.

Possession within Drug-Free Zones

Possession charges that occur near schools, parks, or daycare centers can trigger enhanced penalties due to drug-free zone laws. These enhancements are often automatic and don’t always reflect the individual’s intent. In these cases, we investigate whether the enhanced charge was applied correctly and examine the geographic location relative to the statute.

We understand that drug possession cases affect every part of a person’s life—home, work, and future goals. Whether you’re facing your first charge or have prior offenses, we’re here to advocate for your rights and offer legal guidance backed by experience and care. If you’re in need of defense, reach out to Stechschulte Nell today and let us help you take the next step toward resolution.

Frequently Asked Questions

What is the difference between possession and trafficking?

Possession means having control of a drug for personal use. Trafficking involves possession of larger quantities that imply intent to sell or distribute. Florida’s trafficking laws carry mandatory minimum sentences starting at three years, so correctly classifying your case is crucial.

Can I go to jail for a small amount of drugs?

Yes, but first-time offenders often qualify for alternative programs or probation. We work to secure dismissal or diversion whenever possible, especially for minor marijuana or prescription cases.

What if the drugs weren’t mine?

This is a common issue in constructive-possession cases, such as drugs found in a shared car or apartment. The prosecution must prove you knew about the drugs and had the ability to control them. We often create reasonable doubt through witness testimony or lack of fingerprints.

Can a drug possession charge be dropped in Florida?

Yes. Charges can be dismissed if evidence was obtained illegally, if the prosecution cannot prove knowledge or intent, or if you complete a diversion program successfully. Early legal involvement improves your chances significantly.

Will I lose my driver’s license?

Under Florida law, a conviction for drug possession triggers a one-year license suspension. If we secure a dismissal or plea to a non-drug offense, we can often help you avoid that penalty.

Can I get my record sealed or expunged after a drug possession case?

If your case is dismissed or you complete diversion, you may be eligible for record sealing or expungement. A conviction, however, cannot be erased. We handle the paperwork and guide you through the process.

What are the benefits of Drug Court in Tampa?

Drug Court emphasizes treatment and accountability rather than punishment. Participants attend counseling and submit to random testing. Successful completion can result in dismissal and record-sealing eligibility. Our firm can determine if you qualify and advocate for your acceptance.