Tampa Drug Possession Attorneys

How Do I Get Tampa Possession Charges Dismissed?

Defendants under specific circumstances could qualify for Florida's innovative Pre-Trial Intervention Program. PTI is a supervised program similar to probation—defendants will be required to report to a supervisor every month, complete community service and counseling or treatment, and pay specific supervisory fees.

If the defendant completes the Pre-Trial Intervention Program, their drug possession charges may be dismissed.

However, PTI is only available to specific defendants. If you were arrested for drug possession, you're only eligible for PTI if you're either a first offender or have only one non-violent conviction on your record. Additionally, at most, the charge must be a second- or third-degree felony possession charge—no first-degree felony charges will be eligible for PTI dismissal. If you meet those conditions (and you convince the judge to allow you into the program), you may be able to get your charges dismissed.

Dismissal of your charges protects your job and your ability to find a job in the future. It protects your ability to find safe, affordable housing, get an education, and advance your career. Dismissal protects your future. If there's a remote chance that you could get a dismissal, you should fight tooth-and-nail to take that opportunity.

The key here is convincing the judge of your eligibility—something a Tampa drug possession lawyer can handle. Understanding the law, the court, and even the judge in your case is vital to getting a dismissal or a lower conviction. Your best chance for survival, whatever it is, is more likely with a drug possession attorney at your side.

Possession Charges & Addiction in Florida

According to the National Institute on Drug Abuse, many people don’t understand drug addiction. There are plenty of people who mistakenly believe that a person becomes addicted to drugs because they are weak, immoral, or lack willpower and that anyone could quit if they decide to. In reality, substance abuse and drug addiction are much more complicated. The National Institute on Drug Abuse puts it this way, “drug addiction is a complex disease, and quitting usually takes more than good intentions and strong will.” 

Research has discovered that drugs change the way our brains operate, and these changes make quitting hard. Drug addiction is defined as a “chronic disease” in which the user seeks out drugs. The use itself is challenging to control and compulsive, regardless of the dangerous consequences. Usually, the first time someone tries drugs, it’s voluntary; however, repeated drug use changes the person’s brain, overcoming the user’s sense of self-control. Ultimately, the individual loses the ability to resist.

Over time, long-term drug use affects the user’s judgment, memory, behavior, and decision-making ability. Even if individuals become aware of these negative changes in their mood and behavior, they continue taking the drugs because that’s the effect of addiction. In light of the above information, we are not necessarily saying that every person arrested for drug possession is addicted. However, there is a strong link between drug use and addiction, so there is an underlying substance abuse problem for many facing drug possession charges.

In jurisdictions across the country, probation officers and lawmakers have observed that penalizing drug offenders is not very effective. Usually, drug users do not get better after they are sent to jail and fined. In light of that fact, many counties throughout the country have implemented Drug Courts, all of which aim to get to the root cause of the defendant’s drug use so the person can receive treatment.

How Florida Drug Courts Work

Here in Hillsborough County, we have a program called the Adult Drug Pretrial Intervention Court. This program is for non-violent, first offenders who are facing drug charges. 

For eligible defendants, successful completion of the program means avoiding a felony conviction on their record. Once the defendant proves themselves by completing the program, the State Attorney's Office drops the charges—doesn't that have a nice ring to it?

To participate in a Florida Drug Court:

• You must admit that you have a drug problem.
• You must be at least 18 years of age.
• You cannot have any felony convictions.
• You must desire to receive treatment.
• You must waive your right to a speedy trial.
• This must be your first time participating in the program.

Possession with Intent

In Florida and nationwide, the mere possession of certain controlled substances is enough to warrant a criminal charge. 

When coupled with the intent to sell, drug possession charges may yield steeper fines and longer prison sentences. To convict a person of possession with intent to deliver, the prosecution must prove the defendant possessed the desire, ability, and/or equipment to distribute an illegal substance, and that the defendant possessed the drug in question.

Any of the following can be used to prove intent to sell in Florida:

• Expressed intention to sell
• Presence of weapons
• Presence of money
• Paraphernalia or packaging

If you have been charged with possession with intent to distribute illegal substances (PWID), get in touch with an attorney from Thomas & Paulk. Despite the evidence required for such a conviction, a capable attorney can often take several avenues to develop a strong defense. In some cases, our team may be able to demonstrate that you did not have a drug or related substances. In others, we can show that your rights were violated in some way. We provide unwavering representation to combat aggressive PWID charges in Tampa and beyond.

Florida Drug Trafficking Charges

In some cases, drug possession charges can be escalated to drug trafficking charges. This may happen when a person sells, manufactures, imports, or purchases drugs above a specific amount. These charges are often much more serious than those for typical possession and carry significant mandatory minimums. For example, a person with 200 to 400 grams of cocaine can face a minimum of 7 years in prison and $100,000 in fines.