How to Get a Drug Possession Charge Dropped or Reduced
When you’ve been accused of possessing drugs in Florida, it’s understandable that you might feel overwhelmed, especially if it’s a first-time offense. It’s not the end of the world — with the help of the right drug possession defense lawyer in Tampa, you can fight to get your charges reduced or even dropped. Learn how a defense attorney can help fix a mistake or misunderstanding that could ruin your future.
Why Should I Fight to Get My Charges Dropped or Reduced?
It may sound like common sense, but getting criminal charges dropped is the quickest way back to your normal way of life. Even managing to get drug charges reduced in Tampa can be helpful. The penalties you face for drug possession charges depend on the level of the charge. Some marijuana possession charges are misdemeanors, but most other drugs carry felony charges. If you are convicted of a felony drug possession charge, you face years in prison and thousands of dollars in fines.
Getting your charges successfully dropped means you won’t face any penalties, and getting reduced charges mean less time behind bars. Your case will be unique, but a skilled defense attorney in Tampa can help you explore your options.
What are My Options For Drug Possession Charges?
You have two options regarding drug possession: fight the charges or agree to a plea deal. If you fight them, you will need to either prove that the drugs were not yours or that the cops infringed on your constitutional rights during the arrest.
If you take a plea deal, you might have to plead guilty to certain charges to get the others reduced or dropped. Or, you might have to attend a court-appointed rehabilitation class.
How to Get Your Charges Dropped or Reduced in Tampa
Once you decide to fight your drug charges, your lawyer will review your case and help you understand which option is best for you.
You Can Dispute Possession
Many assume the discovery of narcotics automatically results in the same charges for everyone involved. However, depending on your role in the situation, you could be charged with actual or constructive possession, as defined by Florida Statutes §893.13. Each will result in a different strategy with your case.
Did You Have Actual Possession?
This means you willingly had drugs in your possession with the intent to either use or distribute them. So, if a police officer searches you and finds them on your person, you will be charged with actual possession.
Was There Constructive Possession of Drugs?
This means that the drugs were in your vicinity or possession, but without your knowledge. For instance, if police search your car and find narcotics in a car you were traveling in, your possession would be constructive if you did not know they were present.
Can You Prove Your Rights Were Violated?
While you are expected to obey the laws, police are expected not to infringe on your constitutional rights while enforcing them. If you can prove that they slipped up in their procedures during your arrest, you can use their error to fight your case. Examples include not reading your Miranda Rights, denying you an attorney, practicing discrimination, and more.
Can You Challenge Probable Cause or the Validity of the Stop?
Law enforcement cannot just stop and search a vehicle or enter a residence. They need probable cause and a warrant in some cases. Police are trained to talk to you in ways that make it seem like they can do whatever they want whenever they want, but that’s not true.
You Could Agree to a Plea to Reduce the Charge
You can also ask the courts for a plea deal. This means that you might plead guilty to lesser charges so the court will agree to drop some of the bigger charges. Or, you attend a narcotics rehab or drug education class.
FAQs About Drug Possession Charges in Florida
Will a drug possession arrest stay on my record even if I’m not convicted?
Yes. Even if your charges are dropped or dismissed, the arrest itself will still appear on your criminal record unless you take legal action to have it sealed or expunged. A Tampa expungement lawyer can help you pursue record clearance after your case ends.
Does it matter if the drugs were prescription medications?
Yes. Being caught with prescription medications that aren’t prescribed to you can still lead to criminal charges. Florida treats unauthorized possession of controlled prescription drugs like oxycodone or Xanax seriously, and penalties can be similar to those for street drugs.
What’s the difference between state and federal drug possession charges?
State charges are handled in Florida courts and typically involve smaller amounts of drugs or local offenses. Federal charges come into play when larger quantities are involved, drugs cross state lines, or there’s alleged trafficking. Federal penalties are often harsher, and federal cases follow a different process.
Will I lose my driver’s license if I’m convicted of drug possession?
Yes. Under Florida law, a drug conviction can result in a mandatory driver’s license suspension — even if the offense had nothing to do with driving. This suspension is usually for one year, but your lawyer may be able to help you apply for a hardship license.
Can I go to jail for a first-time drug possession charge in Florida?
It’s possible, but not guaranteed. First-time offenders may be eligible for alternatives like pretrial diversion, probation, or treatment programs. Jail time is more likely if the drug is a felony-level substance or if aggravating factors exist, such as proximity to a school or prior criminal history.
How does Florida classify different drugs for possession charges?
Florida organizes drugs into five schedules (Schedule I–V) based on their potential for abuse and medical use. Possession penalties depend on the drug’s schedule — with Schedule I (like heroin or MDMA) carrying the harshest consequences.
What happens if I was charged but never actually had the drugs tested?
In many cases, the prosecution must submit lab results confirming that the seized substance was an illegal drug. If the state fails to test the substance or loses the evidence, your attorney could move to have the case dismissed due to insufficient proof.
Contact a Florida Drug Charge Lawyer for Help
Fighting drug charges in Florida can be difficult. Yes, you have options, but navigating these options can be tricky. Before you have your day in court, you will want to hire an experienced drug charge lawyer.
Attorney Metcalf Falls, Criminal Defense Attorneys, P.A. has helped countless clients get their charges either reduced or dropped. Contact him at 813-258-4800 or use the online form to schedule a free consultation.