Tampa Drug Possession Lawyer

Stechschulte Nell is led by lead attorney and firm founder Ben Stechschulte, who is a board-certified criminal defense attorney that understands how the other side operates. He and his team represent clients who have been arrested or charged with a crime. If you are looking for one of the best defense law firms in the Tampa area, your search can stop here. We are prepared to defend you against any criminal accusation, whether that is a petty misdemeanor or capital felony. Our Tampa drug possession lawyer knows that your future and freedom may be on the line. It is our primary motivation to protect you. Please do not delay in recruiting help from a legal team. The sooner we begin working on your defense, the better.

Types of Drug Crimes in Florida

In the state of Florida, drug crimes range from minor misdemeanor charges to serious felony charges. For example, you may be charged with:

Possessing Drug Paraphernalia

This misdemeanor charge can be brought if you have in your possession certain items that are associated with the use of illegal drugs, such as cocaine cooking kits or bongs used for marijuana.

Possession of Drugs

If you have small amounts of drugs under your control, you can be charged with simple possession. The penalties will depend on what schedule the drug is.

For example, if you have less than 0 gams of pot, you face up to a year in jail and a fine up to $1,000. If you have 28 grams or less of cocaine in your possession, you can be jailed for up to five years.

Intent to sell or distribute narcotics

You do not actually have to sell the drugs to be charged with possession with intent to sell. If you have larger amounts of drugs in your possession, such as 25 or more marijuana plants, no matter what size those plants are, you could go to jail for 15 years.

Drug trafficking

This is the most serious offense and if convicted, you face 30 years of prison time or even life in prison if a firearm is involved. Again, trafficking can be inferred based on the amount of drugs you have in your possession.

For example, if you have just four grams of a controlled substance such as Oxycodone in your possession without a prescription, you can be charged with trafficking, even if you weren’t actually engaged in widespread distribution of the drugs.

Contact our Tampa defense attorneys for a free case review and to discuss your specific drug charges. We’re available 24/7 to help defend you.

Defenses to Drug Crimes

In Florida, drug crimes are taken very seriously and if you are convicted, there is a good chance you will go to jail.  Therefore, you should always speak with a Tampa criminal defense lawyer to understand how best to handle the charges against you.

If you are charged with a Florida drug crime, you can raise a number of defenses including:

  • Illegal traffic stops. Law enforcement cannot pull you over without just cause or some reason to suspect that you were violating the law. If they do stop you illegally, you can keep any evidence they collected out of court.
  • Illegal searches of your home or property. The Fourth Amendment gives you the right to be free from searches without reasonable cause and/or a search warrant.  If law enforcement searches you or your property, including your vehicle, illegally, you can keep evidence collected out of court.
  • Joint possession or constructive possession. In joint possession cases, drugs are assumed to belong to an entire group of people who may be in possession of the drugs together. Likewise, in constructive possession cases, law enforcement assumes you were in possession of the drugs based on factors surrounding your search or arrest. If you were not actually in possession and had no control over the drugs, you can defend yourself by arguing lack of control or possession of the drugs.
  • Substantial assistance. If you help law enforcement to convict others involved in your drug crime, such as your dealer or someone who you were conspiring with to obtain drugs, you may be able to convince the court to reduce or suspend your sentence. This is not usually the best option but can be appropriate in certain drug crimes cases.
  • Miranda rights violations. The Supreme Court has ruled that law enforcement must read you your rights before you are taken into custody. These rights include the right to a lawyer and the right to remain silent. If law enforcement does not read you your rights, or those rights were read improperly, then anything you may have said to law enforcement cannot be used against you in court.  Review any video taken during the arrest to ensure all rights were read properly.
  • Drug Weight Defense: Often, the police will weigh the drugs in a manner that increases their weight. For instance, they may include the pill bottle and/or the container that holds the drugs when weighing it, thus increasing the seriousness of the charges faced. For example, anything over 4 grams in pill weight can lead to trafficking charges, which carry with them a three-year mandatory minimum prison sentence. To fight this over-charging on the part of the prosecutor, we can have an independent expert weigh the drugs to challenge the police and the prosecutor’s drug weight evidence.
  • Prescription Defense: If you have a valid prescription for a controlled substance but don’t have it at the time of your arrest, we can present the prescription to the prosecutor and demand that they drop the charges.
  • Substance Abuse Treatment Defense: If the evidence against you is strong or not in our favor, we can help you to enter either a Residential or Out-Patient Drug Program as a substitute for jail/prison time.

Florida Drug Possession Charges

Our drug possession attorney is well aware that the drug laws for the state of Florida are some of the harshest across the country. Possessing a controlled substance can be punishable as a third-degree felony. This can carry a prison term of up to five years along with costly monetary fines. As our Tampa drug possession lawyer explains, there are two types of drug possession charges: actual possession and constructive possession.

Actual possession happens when an officer finds drugs on you. Whether you are the owner of the drug is not relevant for the charge. But for the officer to have stopped you, there must have been reasonable suspicion that you were about to commit, or had committed, a crime. If the arresting officer did not have probable cause to do a search, then our drug possession attorney may be able to get the charges dismissed.

Constructive possession is when drugs were not found on you, but were located in a common area. And that you knew the drugs were in this location and had the ability to utilize control over them. So for instance, you may be charged with constructive possession if you were just a passenger in a vehicle where drugs were found in the trunk or glove compartment. Our drug possession attorney knows that for the prosecution to be successful in this charge, they must prove the following:

  • You knew that the controlled substance was present where police found them
  • You knew that the controlled substance was against the law
  • You had control and dominion over the controlled substance

Contact Us At Stechschulte Nell Today

At Stechschulte Nell, we know that the situation you are going through can be stressful, as you worry about what may come. Not every attorney is equipped to handle criminal defenses. After we learn more about what has happened, we can quickly get to work on your defense strategy. You do not have to deal with a criminal case alone. We are powerful allies for clients who are in need of protection. Please do not risk your freedom and future. Contact our Tampa drug possession lawyer today so we can start working relentlessly for your benefit. We are prepared to begin now.

Defense attorney meeting with client about drug charges

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.