Being arrested for drug possession can be scary – it also can be a wake-up call. You might realize you have been spending time with the wrong people. You may know you need help battling an addiction.
Whatever your situation – whether you struggle with drug dependency or have been falsely accused – call a local drug possession attorney right away. If you need help fighting drug charges, Brett Metcalf is a highly experienced Tampa defense attorney and can help. He knows how to tackle possession charges and get the best possible outcome in your case.
Why You Should Hire Brett Metcalf, Criminal Defense Lawyer, P.A.
Brett Metcalf is a seasoned defense lawyer. He started his legal career as a prosecutor in the State Attorney’s Office and formed his private practice in 2012. Since then, Brett has used his knowledge about drug possession cases from a prosecutor’s perspective to win dismissals and acquittals for his clients. He knows how prosecutors pursue drug possession cases and where they make mistakes.
The legal community has noticed the results Brett gets for his clients. The National Trial Lawyers named him one of the Top 40 Under 40 and Top 100 Trial Lawyers. Tampa Magazine named him a Top Lawyer in 2018. Super Lawyers dubbed him a Rising Star in 2018. He also has a perfect 10 rating on Avvo.com and more than 90 five-star client reviews.
Defending Against Drug Possession Charges
Being charged with drug possession can feel like the end of the road. You might assume you will be found guilty. But that is not always true. There are many ways to defend against drug possession charges. Start by calling a drug possession defense attorney and have them review your case.
Brett believes in thoroughly investigating each case he accepts. He will scrutinize the evidence from every angle and will determine the best defense strategy for your situation.
Brett will talk with you about the best possible outcome in your case. He may work with the prosecutor to have the charges dropped or reduced. If possible, he will fight hard to have the charges lowered from a felony to a misdemeanor. Brett also might see a better possibility, such as a dismissal of the charges or an acquittal at trial. He will always be honest with you about the worst- and best-case scenarios.
Steps We Take in the Drug Possession Defense Process
You can expect Brett to:
- Investigate the police stop
- Review the constitutionality of any warrantless search and seizure
- Review the validity of any search and seizure or arrest warrant
- Determine whether the police properly read you your rights
- Research the backgrounds of police officers involved in your case
- Gather witness statements
- Help you get bail and released from jail
- Write and file legal documents for your case
- Protect your rights in court
- Negotiate a reduction or dismissal of the charges
- Explain the pros and cons of any offered plea bargain
- Explain the pros and cons of a diversion program
- Pursue an acquittal at trial
- Develop a strategy to mitigate the consequences of a potential conviction
Contact Brett Metcalf, Criminal Defense Attorney, P.A., to talk more about the criminal defense process.
Florida Drug Possession Laws
Drug possession charges come about when the police allege to have found you with a small amount of drugs for personal use. The level of the charge depends on the type and amount of the controlled substance.
Actual vs. Constructive Possession
Actual possession means the drugs were on your person, and you knew the drugs were there. Having actual physical control over the drugs could mean they were in your pocket or a book bag or a purse.
Constructive possession does not require you to have actual physical control over the drugs. You only have to know where the drugs are and can get them if you wanted to. In other words, you might be at a friend’s house and know that there are pills in the bedroom.
Prosecutors sometimes charge people with possession of drugs they did not know about. For instance, you may have been arrested during a traffic stop when cops found drugs in your friend’s glove compartment. If this happens, call a lawyer right away. You should not face possession charges for drugs you were unaware of.
Though more states are legalizing recreational marijuana for adults, it is still illegal in Florida. You cannot possess marijuana unless you are entitled to medical use. Marijuana possession can be a misdemeanor or felony, depending on the amount. For fewer than 20 grams, prosecutors will charge you with a first-degree misdemeanor. But if you have more than 20 grams, you face a third-degree felony.
If this is your first time facing a drug possession charge and involves a small amount of cannabis, call us right away. Brett can fight for the best possible outcome, which may be a plea bargain or diversion program. It is possible to avoid jail time with the help of a drug possession lawyer.
Consequences for Drug Possession
The penalties you face for drug possession depend on the level of the charge. You might face a misdemeanor for marijuana, but you will face a felony for most other drugs.
It is vital to call a defense lawyer as soon as possible. Brett will review the charges based on the alleged drugs in your possession. He will review how the police identified and tested the drugs and how they measured the amount.
Brett also will explain the potential maximum and, if applicable, the mandatory minimum you face if convicted.
First-Degree Misdemeanor Charges
Up to 20 grams of marijuana is a first-degree misdemeanor. You face up to one year in jail, though an attorney can help you avoid incarceration. If this is a second or subsequent marijuana possession charge, you face mandatory treatment and home confinement.
Third-Degree Felony Charges
You can be charged with a third-degree felony for possession of:
- Between 20 grams and 25 pounds of marijuana
- Up to 28 grams of cocaine
- Up to 10 grams of MDMA/ecstasy
- Up to one gram of LSD
- Up to four grams of heroin
You face up to five years in prison, court costs, a maximum $5,000 fine, probation, and more.
First-Degree Felony Charges
You may face a first-degree felony for possession of:
- Over 25 pounds of marijuana
- More than 28 grams of cocaine
- More than 10 grams of MDMA/ecstasy
- More than one gram of LSD
- More than four grams of heroin
You face up to 30 years in prison and up to $250,000 in fines, probation, and more.
Are You Accused of Having a Large Quantity of Drugs?
If the police arrest you for possessing a large quantity of one or more drugs, you are more likely to face charges for:
- Possession with the intent to distribute
- Drug trafficking
Contact Brett Metcalf, Criminal Defense Attorney, P.A. immediately. These are serious felony charges.
Contact a Drug Possession Law Firm Today
Drug charges are intimidating, but you do not have to fight them alone. There are many possible ways to defend yourself against drug possession charges. The best way to learn more about these defenses is to call Brett Metcalf, Criminal Defense Attorney, P.A. at (813) 258-4800. You also can reach out through our online form. We offer free initial consultations.