Why Choose Our Firm to Defend Your Drug Charge
Attorney Brett Metcalf is a passionate and successful Tampa criminal defense attorney. He began his career as a prosecutor in the State Attorney’s Office. Attorney Metcalf learned firsthand how the prosecution prepares for drug crime cases and wins convictions. Since establishing his criminal defense and personal injury firm in 2012, attorney Metcalf has used this knowledge to his client’s advantage.
Get Award-winning Representation
Brett Metcalf, Criminal Defense Attorney, P.A., has received more than 70 five-star reviews and a perfect 10 rating on Avvo.com.
- Top 100 Trial Lawyers & Top 40 Under 40 by The National Trial Lawyers
- Rising Star, 2018, Super Lawyers
Choosing a drug offense lawyer who truly cares about the future of his clients could make all the difference in your case.
Personalized Drug Crime Defense in Tampa
Attorney Metcalf leaves no stone unturned in investigating the allegations against you. He gathers all the evidence available, analyzes your case from every angle, and determines the most effective defense strategy to pursue a reduction in the charges, a dismissal, or an acquittal.
If you want an aggressive trial lawyer and a skilled negotiator, call attorney Brett Metcalf.
Our Customized Drug Crime Defense Process
No two cases are the same. Attorney Metcalf conducts a thorough process to determine the best defense for you.
- Investigates the facts surrounding the police stop
- Reviews the validity of a search and seizure warrant or arrest warrant
- Reviews whether you were adequately Mirandized
- Gathers witness statements
- Researches the backgrounds of the officers involved in your arrest
- Submits legal documents on your behalf
- Helps you arrange bail and obtain your release from jail
- Represents you in court
- Challenges any violation of your constitutional rights in court
- Pursues an aggressive pretrial motion practice
- Pursues a reduction in the charges or dismissal of the case
- Pursues an acquittal at trial
- Explains the advantages and disadvantages of a plea bargain
- Strategizes to mitigate the consequences of a drug crime conviction
Drug Cases We Handle
Our drug charge attorneys handle a wide range of Florida and federal drug offenses. Here are a few of the more common ones we see in Tampa criminal court.
In Florida, prosecutors file drug possession charges charges when they determine you have a small amount of a controlled substance in your possession for personal use. These charges can arise based on actual or constructive possession. The level of charge you face depends on the type and amount possessed.
Marijuana and Schedule V drugs can lead to first-degree misdemeanor charges, while other controlled substances lead to felony charges. If it is a first-time non-violent drug offense, you could receive a diversion program or probation. It would be best to consult Tampa drug crime attorney Brett Metcalf before accepting any sentence.
Possession of Marijuana
Marijuana remains a controlled substance in Florida, and possessing cannabis without a prescription is a crime. Possession of fewer than 20 grams of marijuana is a first-degree misdemeanor. Possession of more than 20 grams is a third-degree felony.
Possession With the Intent to Distribute
The drug offense a prosecutor will charge you with depends on the threshold amount of the drug. You will be charged with a felony for possession with intent to distribute if you have more than a personal amount. Prosecutors use this threshold to charge suspected drug dealers for possession, if not for actual trafficking. The threshold amounts differ depending on the controlled substance.
A prosecutor in Florida can charge you with trafficking if you are allegedly involved in selling, manufacturing, delivering, buying, or possessing one or more controlled substances.
Drug trafficking charges are based on the amount in your possession, not your actual conduct. You will be charged with trafficking if you possess above a certain threshold amount. Trafficking is a felony, and the quantity in your possession determines the level of the offense and the minimum term of imprisonment you face.
Drug Cultivation and Manufacturing
It is a felony for cultivating marijuana (or another drug) or manufacturing it, such as methamphetamine. The level of the offense and minimum term of imprisonment you face depends on the type and amount of the drug involved.
Like other Florida drug crimes, the charge you face for selling or delivering a controlled substance to another party depends on the type and amount of the drug involved. For this offense, prosecutors do not have to prove you provided drugs in exchange for money.
You can be convicted for exchanging the drugs for any object or service of value enough to establish a sale. You can also face equally harsh charges for the mere intent to sell.
Conspiracy to Commit a Drug Crime
You can be charged with conspiracy if you and one or more persons agree to commit a drug offense. The prosecutor will seek to prove an implied or explicit agreement and intent to commit the drug crime.
Conspiracy is unlawful under Florida and federal law. In Florida, the prosecutor does not need to prove you or either conspirator performed an act to further the crime.
Federal Drug Charges
Many criminal drug offenses fall under Florida or federal jurisdiction. Drug crimes are federal cases if they occurred on federal land, crossed state or national borders, was investigated by federal law enforcement agents, or were discovered through an informant.
How to Defend Against Drug Charges in Tampa
Defending against a drug charge can be difficult. It requires working with seasoned drug defense lawyers. You need to partner with someone who knows how to investigate the allegations, look for weaknesses in the prosecution’s case, and develop a strong defense strategy to obtain a dismissal or acquittal.
Defending Against Drug Charges
When you are arrested and charged with a Florida or federal drug crime, speak with a lawyer. There may be strong evidence Brett can use to convince the prosecutor to drop your case or win a motion to dismiss. If a dismissal is unlikely, you need to speak with an attorney about the possible defenses against a drug crime.
What Defenses Can Be Used to Fight a Drug Charge?
There are many possible defenses to drug crimes. Our experienced drug crime lawyers will scrutinize the facts of your case to determine the most effective strategy.
Lack of Possession
We may argue that you did not have actual or constructive possession of the drug. We may show that you were unaware the substance was there or that another person owned it.
During a motion to dismiss or at trial, we may argue that there is insufficient evidence to establish each element of the crime beyond a reasonable doubt.
Mistake of Identity
You may be entirely innocent of the offense. When another person is guilty of the drug crime, we may seek to establish your alibi for the time of the offense.
Unconstitutional Search or Seizure
The Fourth Amendment of the U.S. Constitution protects you from warrantless and unreasonable searches and seizures. When the police or federal agents perform an unlawful search or seizure, we fight to have any evidence obtained from that incident ruled inadmissible.
To use entrapment as a defense, we must show that the impetus to commit the offense arose from the officer. We would seek to prove you would not have committed the crime if it were not for the officer’s unreasonable influence.
Unreliable Test Results
We have handled cases where the alleged drugs did not exist, and another substance falsely tested positive for a controlled substance. Under these circumstances, we will challenge the reliability and accuracy of the test.