Bradenton Drug Possession Lawyer
Most drug possession charges in Manatee County are felonies, and a conviction also suspends your driver license. Many of these cases turn on whether the police had the right to stop and search you, and whether the State can prove the drugs were yours. Daniel D. Nawara, a former prosecutor in the Twelfth Judicial Circuit, defends drug possession cases in Bradenton, Palmetto, Lakewood Ranch and across Manatee County. Call or text (941) 920-5514 for a free consultation.
Drug possession penalties in Florida
- Possession of a controlled substance (cocaine, fentanyl, heroin, methamphetamine, or pills without a prescription). Third-degree felony: up to 5 years in prison and a $5,000 fine.
- Possession of cannabis, 20 grams or less. First-degree misdemeanor: up to 1 year in jail and a $1,000 fine.
- Possession of cannabis, more than 20 grams. Third-degree felony: up to 5 years in prison and a $5,000 fine.
- Possession of drug paraphernalia. First-degree misdemeanor: up to 1 year in jail and a $1,000 fine.
A conviction for a drug offense also brings a 6-month driver license suspension under section 322.055, Florida Statutes. A judge can allow a restricted license for work in some cases.
What the State has to prove
The State must prove you knew the substance was there and that you had control over it. That is simple when drugs are in your pocket. It is much harder when they are found in a shared car, a shared home or a bag that several people could reach. This is called constructive possession, and it is one of the most common weak points in a possession case.
Defenses in a drug possession case
- Illegal stop. The officer had no lawful reason to pull you over or detain you.
- Illegal search. No warrant, no valid consent and no exception that allowed the search. If the search was unlawful, the evidence can be thrown out.
- Constructive possession. The State cannot prove the drugs were yours and not someone else's.
- Lab results. The substance was never tested, or the test does not show what the State claims.
- Valid prescription. You had a lawful prescription for the medication.
Options besides a conviction
People with little or no record may qualify for pretrial intervention or drug court in the Twelfth Judicial Circuit. Completing the program can end with the charge dismissed. A withhold of adjudication is another result that can avoid a felony conviction.
Questions people ask
Is drug possession a felony in Florida?
Usually. Possession of almost any controlled substance other than a small amount of cannabis is a third-degree felony.
Will I lose my license for a drug possession charge?
Only if you are convicted. A conviction carries a 6-month suspension, and a dismissal or a completed diversion program avoids it.
The drugs were in a car with other people. Can I still be charged?
Yes, but being charged is not the same as being convicted. The State has to prove you knew about the drugs and controlled them. See Drugs in a shared car or home.
Can a first-time drug possession charge be dismissed in Manatee County?
Often, through a diversion program, a successful motion to suppress or a weak case on possession. Eligibility depends on the charge and your record.
Do I have to let police search my car?
No. You can refuse consent to a search. If the police search anyway, your lawyer can challenge whether they had legal grounds.
Charged with drug possession in Bradenton or Manatee County? Call or text Daniel D. Nawara at (941) 920-5514. Free consultations and payment plans are available.