Drug Possession Attorney in Brandon
Drug possession charges can affect your freedom and future. Curry Law Group provides aggressive defense to minimize consequences.
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Florida Drug Possession Laws
Florida criminalizes possession of controlled substances including marijuana (above legal limits), cocaine, heroin, methamphetamine, and prescription drugs without a valid prescription. Penalties range from misdemeanor to felony depending on substance and quantity.
Actual vs Constructive Possession
Actual possession means the substance is on your person. Constructive possession means it was in a place you control. Constructive possession is harder to prove and is a common area of defense.
Defense Strategies
We challenge the legality of the search that discovered the drugs, examine whether possession was knowing, question chain of custody, and evaluate diversion eligibility. Fourth Amendment violations are common in drug cases.
First Offender Options
First-time offenders may be eligible for drug court diversion programs where completing treatment results in charge dismissal. This preserves your record and avoids incarceration.
Frequently Asked Questions
What is a drug diversion program? A treatment-based alternative to prosecution. Completing the program results in charges being dismissed. Can charges be dropped if the search was illegal? Yes. If the search violated your Fourth Amendment rights, evidence can be suppressed and charges dismissed. Is marijuana still illegal in Florida? Medical marijuana is legal with a card. Recreational use above minor possession amounts remains illegal.
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For drug possession defense, call Curry Law Group. Call 813-653-2500 for a consultation.
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Key Legal Terms
Important Criminal Law Terms
Understanding these terms can help you make informed decisions about your case.
Acquittal
A decision by a judge or jury that the evidence did not prove the defendant's guilt. The person is released and cannot be tried again for the same charge.
Read full definitionArraignment
A defendant's first formal court appearance after arrest, where charges are read, a plea is entered, and bail may be set. It marks the start of formal criminal proceedings.
Read full definitionAssault and Battery
The use of physical force against another person. In Florida, simple assault is a threat or attempt, while battery involves actual contact, and both can be charged as misdemeanors or felonies.
Read full definitionBail
Security posted to secure a defendant's release from jail pending trial, conditioned on appearing in court. Florida judges set bail based on the charge, criminal history, and flight risk.
Read full definitionBench Warrant
A warrant issued by a judge, typically for failing to appear in court or violating a court order. An outstanding warrant can lead to arrest at any time.
Read full definitionBurglary
The unlawful entry into a building or structure with intent to commit a crime inside. Florida treats it as a felony, with enhanced penalties if a weapon was involved.
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Top-Asked Questions
No. Always politely decline to answer questions and request an attorney immediately. Anything you say can be used against you, even if taken out of context. Police are trained to extract information, and you have the right to legal representation. We strongly advise invoking your right to counsel before any questioning.
Misdemeanors are less serious crimes (shoplifting, simple assault) punishable by up to one year in jail. Felonies are more serious (burglary, drug trafficking) and carry sentences of more than one year or potentially life imprisonment. The charge type affects penalties, sentencing guidelines, and your rights.
Yes. Charges can be dismissed if evidence is insufficient, if your constitutional rights were violated (illegal search), if the statute of limitations expired, or if the prosecutor agrees to dismissal. We investigate the evidence thoroughly and file motions to suppress illegally obtained evidence and challenge weak cases.
At arraignment, you're informed of charges, advised of your rights, and bail/bond is set. You enter a plea (not guilty, guilty, or no contest). It's critical to have an attorney present—what you say and do affects your entire case. We protect your rights from the first court appearance.
You can go to trial (where guilt must be proven beyond reasonable doubt), negotiate a plea deal with reduced charges/sentences, or pursue other resolutions. We evaluate the evidence strength, witnesses, and prosecution's case to advise you on your best option. The decision is always yours.
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