A possession case depends on proof, not the accusation alone
A drug charge requires careful review of the substance, the alleged possession and how law enforcement obtained the evidence. Daniel D. Nawara represents people facing drug allegations in Sarasota and Manatee County. Bring the charge, release conditions and court notices to a consultation.
Actual possession and constructive possession
An allegation may involve an item found on a person or an item found elsewhere, such as a shared car or home. Constructive possession requires analysis of knowledge and control; merely being near an item does not answer every legal question.
Who had access, where the item was found, what was said and what other evidence connects someone to it can matter. Counsel should assess the complete record rather than one phrase in an arrest report.
The substance must be identified
The charged controlled substance and applicable schedule matter. Examine laboratory identification, handling records and any legally relevant prescription. See cocaine possession and marijuana possession.
Prescription-related allegations
A medication allegation can raise questions about the substance, the person to whom it was prescribed and whether possession was lawful. Preserve the relevant pharmacy and prescription records for counsel. Do not assume that a medication is unregulated because it is available by prescription.
Read about possession of a controlled substance.
Possession, intent to sell and trafficking are different charges
A simple-possession allegation should be distinguished from an allegation of intent to sell and from a trafficking charge. Weight and substance can trigger trafficking provisions even without an alleged completed sale. Packaging, statements and other facts may be offered on intent; each requires scrutiny.
For weight-based allegations, read Florida drug trafficking and cocaine trafficking. Do not assume the penalty for a different substance or quantity applies to your case.
Penalties and alternatives require an individual review
The substance, amount, offense classification, prior record and other facts affect potential penalties. Some trafficking provisions include mandatory minimum terms. Eligibility for diversion, treatment or another resolution depends on the program and case; it is not automatic.
Counsel can discuss the charged statute, any sentencing considerations and the consequences of a proposed plea. Bring prior disposition records if you have them.
What should a defense review cover?
The legal basis for the stop, detention and search.
Any alleged consent, warrant or exception relied upon.
Knowledge and control, especially in a jointly occupied place.
Laboratory identification, quantity and handling of the evidence.
Statements, recordings and witness accounts connecting a person to the item.
An unlawful-search issue may support a motion where the law and facts permit it. A defect does not guarantee dismissal; the remaining evidence and legal rulings also matter.
What should I do while the case is pending?
Follow release conditions, preserve records and keep track of court dates. Do not discuss the facts publicly or ask others to change their accounts. Tell counsel about professional licensing, school or immigration concerns so the appropriate advice can be arranged.
Explore felony defense and the criminal case process.
Discuss your charge and the next step
Discuss your situation with Daniel D. Nawara. Call (941) 920-5514 or request a free consultation. Payment plans are available; the fee and scope are discussed before you decide to hire the firm.
Florida law and official resources
Updated September 25, 2026. General information, not legal advice. The law applicable to your case depends on the offense date and circumstances.