Drug Court vs Traditional Criminal Case

⚖️ Video Explainer – Florida Mandatory Minimums: What You Need to Know

When a judge hands down a harsh prison sentence in a Florida court, the public frequently assumes it was their deliberate choice. However, in many high-stakes trafficking and serious drug cases throughout the Tampa Bay region, that simply isn’t true. Florida’s rigid mandatory minimum sentencing laws actively strip away judicial discretion, forcing judges to impose fixed, predetermined prison terms even when they believe a lesser penalty would be fairer.

Because the specific facts, charges, and evidence involved radically dictate your legal outcome, early defensive intervention is paramount. In this video, former prosecutor and Board Certified Criminal Trial Specialist W.F. “Casey” Ebsary Jr. breaks down these strict statutory limits. Watch to understand your options, and call 813-222-2220 or visit Drug2GO.com for expert guidance.

• Direct Video Link: https://youtu.be/EsraejOUh3U

Florida Statute § 893.135 Amphetamine or Methamphetamine Minimum Mandatory Sentences

Florida laws on Amphetamine or Methamphetamine provide harsh minimum mandatory sentences that kick-in at 14 grams. The stakes become higher when 28 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. A 15 year minimum prison sentence is possible at 200 grams.

The United States Code also provides harsh sentences for trafficking in this controlled substance. At 50 grams a life sentence is possible for certain defendants. See 21 USC §§ 841(a), 841(b)(1)(A); § 2D1.1 for more information.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Video Description:

In Florida, a judge’s hands are often tied by mandatory minimum sentencing laws. Former prosecutor and Board Certified Criminal Trial Lawyer W.F. “Casey” Ebsary Jr. explains how specific trafficking and serious drug charges carry non-negotiable prison times. If you or a loved one are facing serious state charges in the Tampa Bay area, your local defense strategy must begin immediately.

Florida Statute § 893.135 Marijuana Minimum Mandatory Sentences

The Florida Statutes on Cannabis and Marijuana provide harsh minimum mandatory sentences that kick-in at 25 pounds and 2000 plants. The stakes become higher when 10,000 pounds or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

In this video we explain that when a judge hands down a harsh sentence under Florida Statute § 893.135 in a Florida drug court, the public frequently assumes it was their deliberate choice. In many high-stakes trafficking and serious drug cases throughout the Tampa Bay region, that simply isn’t true. Florida’s strict mandatory minimum sentencing laws actively strip away judicial discretion, forcing judges to impose rigid, predetermined prison terms even when they believe a lesser penalty would be fairer.

The specific facts, charges, and evidence involved can dramatically alter your entire legal outcome. As a former prosecutor and Board Certified Criminal Trial Specialist, W.F. “Casey” Ebsary Jr. understands how to navigate these strict statutory boundaries. Learning your legal options early can make a critical difference in your trial defense. Contact our office today at 813-222-2220 or visit Drug2GO.com.

Are there minimum mandatory sentences for Molly under Florida Statute § 893.135? Yes.

Phenethylamines aka Molly aka MDMA Have Minimum Mandatory Sentences

Yes, Florida laws on Phenethylamines aka Molly aka MDMA provide harsh minimum mandatory sentences that kick-in at 10 grams. The stakes become higher when 200 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

A 15 year minimum prison sentence is possible at 400 grams.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Video: Understanding Florida Sale of Cocaine Charges

Summary of YouTube Video

Watching an attorney explain how Florida drug prosecutions work can help you better understand the criminal process. Every criminal case is unique, and the facts, evidence, and applicable law determine the best defense strategy. This video provides general educational information and should not be considered legal advice for any specific case.

Tampa Sale of Cocaine Lawyer – DRUG1400 Defense Attorney

Charged with Sale of Cocaine in Tampa? Speak with a Board Certified Criminal Trial Lawyer Today.

Being arrested for DRUG1400 Sale of Cocaine is a serious matter that can place your freedom, career, and future at risk. Drug sale allegations often arise from undercover operations, confidential informants, controlled buys, surveillance, or traffic stops, and the prosecution must still prove every element of the offense beyond a reasonable doubt. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending individuals charged with serious felony drug crimes throughout Tampa and Hillsborough County. Call (813) 222-2220 today for a confidential consultation.

Why Should I Hire W.F. “Casey” Ebsary Jr.?

Choosing the right attorney can make an important difference when you are facing felony drug charges. Casey Ebsary is a former Florida prosecutor who understands how law enforcement investigates narcotics cases and how prosecutors prepare cases for trial. As a Board Certified Criminal Trial Lawyer, he has extensive courtroom experience handling complex felony cases and works to identify weaknesses in the State’s evidence while protecting his clients’ constitutional rights.

Learn more about attorney Casey Ebsary:

https://drug2go.com/about

What Is the Florida Crime of Sale of Cocaine?

Florida law prohibits the unauthorized sale, manufacture, delivery, or possession with intent to sell certain controlled substances, including cocaine. Sale of cocaine is commonly prosecuted as a felony offense under Chapter 893 of the Florida Statutes. Whether the State can obtain a conviction depends upon the specific facts, admissible evidence, and whether prosecutors can prove every required legal element beyond a reasonable doubt.

Official Florida Legislature:

https://www.leg.state.fl.us

Florida Statute §893.13 (Justia):

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

DRUG1400 Quick Reference

What Must Prosecutors Prove?

The prosecution bears the burden of proving every required element of the charged offense beyond a reasonable doubt. Depending upon the allegations, the State may be required to prove that the defendant knowingly sold, delivered, manufactured, or possessed with intent to sell a controlled substance identified by Florida law. Evidence presented during the case must satisfy the applicable jury instructions and the rules governing criminal trials.

Florida Standard Criminal Jury Instructions are published by the Florida Supreme Court.

https://www.floridasupremecourt.org

Does the State Need Physical Evidence?

Physical evidence is frequently important in drug prosecutions, but every criminal case depends upon its own facts. Prosecutors may rely upon laboratory testing, witness testimony, surveillance, recorded communications, or other evidence permitted under the rules of evidence. A defense attorney carefully reviews whether the evidence was lawfully obtained, accurately preserved, and legally admissible before trial.

What Happens During a Drug Sale Investigation?

Drug sale investigations often involve undercover officers, confidential informants, surveillance operations, controlled purchases, or search warrants. Law enforcement agencies may also rely on digital evidence, text messages, recorded telephone calls, or financial records depending on the allegations. The investigative methods used in a case can become an important issue when evaluating possible legal defenses and constitutional challenges.

Can Intent Be Challenged?

Yes. In some prosecutions, the State alleges possession with intent to sell rather than an actual completed sale. Whether prosecutors can establish intent depends upon the admissible evidence, and the circumstances of each case may be closely examined by both the prosecution and the defense. Intent cannot simply be assumed and must be supported by legally sufficient evidence.

Are Search and Seizure Issues Important?

Search and seizure questions frequently arise in felony drug prosecutions. Traffic stops, vehicle searches, residential search warrants, consent searches, and warrantless searches may all become important issues depending upon the facts of the investigation. When constitutional protections are violated, a defense attorney may evaluate whether legal remedies are available under applicable law.

Why Is Local Experience Important?

Drug prosecutions are handled in the local courts where charges are filed, making experience in Hillsborough County valuable. Attorney Casey Ebsary has represented clients throughout the Tampa Bay area for many years and understands the procedures commonly encountered in serious felony cases. Local knowledge, trial experience, and careful preparation can all play an important role when defending criminal charges.

What Happens After an Arrest?

After an arrest, a defendant typically proceeds through several stages of the criminal justice system before the case is resolved. These stages may include first appearance, arraignment, discovery, motion practice, plea negotiations, and, if necessary, trial. Each stage presents important legal decisions that should be made after consulting with an experienced criminal defense attorney.

Florida Drug Case Timeline

Frequently Asked Questions

Is sale of cocaine the same as trafficking?

No. Florida law treats sale offenses and trafficking offenses as separate crimes with different statutory provisions. The exact charge depends upon the allegations made by prosecutors and the facts of the investigation.

Can someone be charged without money changing hands?

The answer depends on the specific allegations and evidence in the case. Florida law contains separate offenses involving sale, delivery, manufacture, and possession with intent to sell. An attorney can explain the particular charge after reviewing the arrest documents and available evidence.

Can undercover officers testify at trial?

Yes. Undercover officers may testify if they are called as witnesses and their testimony is admitted under the applicable rules of evidence. As with any witness, credibility and cross-examination may become important issues during trial.

Should I talk to detectives after my arrest?

Whether speaking with law enforcement is advisable depends upon the circumstances of the investigation. Before answering questions about a pending criminal case, many people choose to consult with an attorney to understand their legal rights and options.

Where can I read the current Florida statute?

The current version of the statute is available through the Florida Legislature and Justia.

Florida Legislature:

https://www.leg.state.fl.us

Justia:

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

Speak With a Tampa Sale of Cocaine Defense Lawyer Today

If you have been charged with DRUG1400 Sale of Cocaine in Tampa or anywhere in Hillsborough County, obtaining experienced legal representation as early as possible is an important step. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has devoted his career to defending individuals accused of serious criminal offenses. Every case deserves a thorough review of the facts, the evidence, and the applicable law before important decisions are made.

Learn more about Casey Ebsary:

https://drug2go.com/about

Contact the Law Office of W.F. “Casey” Ebsary Jr.:

https://drug2go.com/contact

Call (813) 222-2220 today for a confidential consultation.

Meta Description

Charged with Sale of Cocaine (DRUG1400) in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer W.F. Casey Ebsary Jr. defends serious Florida drug charges. Call (813) 222-2220.

Original Drug1400 Sale of Cocaine Post from 2010

Cocaine Sale

If you have been charged with DRUG1400 SALE OF COCAINE you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1400


Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: SALE OF COCAINE

DRUG1400 SALE OF COCAINE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL


893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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What happens in a typical Constructive of Possession of Cocaine Case in Florida?

Here are excerpts from what a constructive possession appeals court court just did in Tampa Bay, Florida:

In March 2014, Manatee County Sheriff’s deputies were called to a motel in Bradenton to investigate a possible robbery. When they arrived, they encountered the victim who informed them she had been robbed by Edwards and his friend, Rachel Simms. The officers located Edwards and Simms in a motel room and interviewed them. During the investigation, the officers discovered a car key for a vehicle parked outside. One of the officers had seen Edwards sitting in the driver’s seat of the vehicle a couple of hours prior to the robbery call. As a result, the officers asked Edwards for consent to search the vehicle. Edwards notified the officers that he did not own the vehicle but instead had borrowed it. The officers then obtained consent from the owner of the vehicle, but the owner advised the officers that the key found in the motel room would only work in the vehicle’s ignition. It would not open the vehicle because the vehicle was equipped with a combination lock. The owner gave the officers the combination to unlock the vehicle, but the evidence reflected that Edwards knew the combination as well.

During the search of the vehicle, one of the officers located a gray canvas bag under the driver’s seat. Inside that bag was a wallet that contained Edwards’s identification card as well as a bail bond receipt bearing the name of “Joanne A. Simms.” The robbery victim’s identification card was also found in the canvas bag along with a few other items that contained no identifying information. The police report reflected that there was a smaller purple bag inside the canvas bag and inside that smaller bag was a plastic baggie containing rock cocaine. The officer who found the cocaine testified that there was indeed a purple bag inside the canvas bag despite the fact that there was no purple bag submitted into evidence at the sheriff’s office.

“While this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with . . . innocence.”

Edwards was arrested and charged with robbery with a firearm and possession of cocaine. At trial, Simms testified regarding the events leading up to and including the alleged robbery. However, her testimony revealed some inconsistencies regarding exactly when she had been inside the vehicle in question. She at first admitted going with Edwards and the victim to get cigarettes, but she subsequently denied being in the vehicle on the day of the alleged robbery. However, Edwards testified that on the relevant date, he, Simms, and the victim all got into the vehicle and went to a local convenience store to obtain cigarettes. He testified that Simms drove the vehicle there. He denied possessing the cocaine, and there was no evidence presented regarding ownership of the canvas bag or the purple bag within the canvas bag. There was also no fingerprint evidence submitted.

Edwards moved for judgment of acquittal arguing that the vehicle had been jointly occupied and that the State had failed to present independent proof that Edwards had knowledge of the cocaine and the ability to maintain dominion or control over it. He proffered that it was possible that Simms or the victim placed the cocaine in the bag. His motion was denied.

Ultimately, the jury acquitted Edwards of the armed robbery charge but found him guilty of the possession charge. He was sentenced to a suspended five-year prison sentence and placed on one year of community control followed by two years of probation. His license was also suspended, and a community service requirement was imposed.

Why did the Florida Court Reverse the Drug Crime Conviction?

We employ de novo review over the denial of a motion for judgment of acquittal. See Pagan v. State, 830 So. 2d 792, 803 (Fla.2002). We will only reverse if the conviction is not supported by competent, substantial evidence. See id. Yet “[w]here, as here, the evidence of the defendant’s guilt is entirely circumstantial, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence.” Bennett v. State, 46 So. 3d 1181, 1183 (Fla.2d DCA 2010) (citing State v. Law, 559 So. 2d 187, 188 (Fla.1989)).

What does the Prosecutor Need to Prove to establish Possession of Cocaine in a Drug Crimes Case?

Here, Edwards was not found in physical possession of the cocaine and thus the State’s case was predicated on constructive possession. The State was required to prove, beyond a reasonable doubt, that Edwards knew of the presence of the cocaine and had the ability to exercise dominion and control over it. Bennett, 46 So. 3d at 1184; Jacksonv. State, 995 So. 2d 535, 539 (Fla.2d DCA 2008). “The surrounding circumstances must support the inference of a ‘conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.’ ” Jackson, 995 So. 2d at 539 (quoting Reynolds v. State, 111 So. 285, 286 (Fla.1926)). “Mere proximity to contraband, without more, is legally insufficient to prove possession.” Id.(quoting Pena v. State, 465 So. 2d 1386, 1388 (Fla. 2d DCA 1985)).

“As our case law has made clear, a defendant’s knowledge and control of contraband may be inferred where there are incriminating circumstances beyond mere proximity from which a jury could infer those elements.”

The evidence failed to show that Edwards had knowledge of the presence of or had the ability to exercise dominion and control over the cocaine. Although he admitted borrowing the car, knew the combination to unlock it, and had been seen sitting in the driver’s seat a couple of hours prior to the alleged robbery, he was not with the vehicle when the officers arrived. Further, there was evidence presented that Simms and the victim had been in the vehicle with Edwards that day and that Simms had actually driven the vehicle.

What happens in Drug Possession cases when the vehicle has multiple occupants?

Where the area in which drugs are found is in joint, rather than exclusive possession, a defendant’s “knowledge of the contraband’s presence and the ability to control it will not be inferred from the ownership but must be established by independent proof.” Jackson, 995 So. 2d at 539 (quoting Brown v. State, 428 So. 2d 250, 252 (Fla. 1983)). This can be done either “through ‘evidence that the defendant had actual knowledge of the presence of the contraband or evidence of incriminating statements or circumstances, other than simple proximity to the contraband, from which the jury could infer the defendant’s knowledge’ of the contraband.” Id.(quoting Wagner v. State, 950 So. 2d 511, 513 (Fla.2d DCA 2007)). “An inference of knowledge and dominion and control may . . . arise where the contraband located in [a] jointly occupied [area] is found in or about other personal property which is shown to be owned or controlled by the defendant.” Id.

What happens in a Possession of Cocaine Case where the area that drugs were found was Jointly Occupied?

However, in this case, the cocaine was found in an area that the evidence reflected had been jointly occupied, and the cocaine was found near personal property which was shown to be owned or controlled by at least three people including Edwards. The victim’s identification card was located inside the gray canvas bag, and a bail bond receipt bearing the name of “Joanne A. Simms” was found inside Edwards’s wallet. Consequently, under these limited circumstances, we refuse to apply an inference of Edwards’s knowledge of the presence of and dominion and control over the cocaine. Cf. Jackson, 995 So. 2d at 540-41 (holding that surrounding circumstances were sufficient for a rational jury to conclude that the drugs contained in a change purse located near the defendant were known to him and were under his dominion and control where the change purse appeared to have spilled from a larger purse, the defendant was known to carry a purse and there were no other purses in the dwelling, the defendant’s identification was found inside a cigarette case that also appeared to have spilled from the purse, and there was no evidence in or around the purse or the change purse that they belonged to anyone other than defendant).

What does a Florida Court do where there is a defense based upon a jointly occupied vehicle?

This court has previously reversed a conviction based on constructive possession where a defendant was in a jointly occupied vehicle and drugs were located near his personal belongings but the items were in an area to which the other passengers had equal access.1 See, e.g., S.B. v. State, 657 So. 2d 1252, 1253 (Fla. 2d DCA 1995) (holding that evidence was not inconsistent with the defendant’s theory that someone put marijuana in his bag where the bag was located inside the trunk and the marijuana was found inside another container that was inside the defendant’s bag, where multiple people had access to the bag, and where the defendant disclaimed ownership of the container). This is such a case.

What do Florida Courts do when there is a Jointly Occupied House?

Similar dispositions have occurred where drugs were found concealed near a defendant’s personal property inside jointly occupied houses. See, e.g., Bennett, 46 So. 3d at 1183 (holding in relevant part that the State failed to prove constructive possession of drugs found inside a cardboard box where defendant’s shirt was found because there was no evidence to prove who owned the other clothes in the box and defendant had a reasonable hypothesis that he threw his shirt on top of the box without knowing that the drugs were inside); N.K.W., Jr. v. State, 788 So. 2d 1036, 1038 (Fla. 2d DCA 2001) (holding evidence was insufficient to establish constructive possession where, although drugs were found in a plastic bag inside defendant’s wallet, defendant was never asked if the bag belonged to him, no fingerprints were lifted from the bag, defendant denied ownership of the bag, and multiple people had access to the room where his wallet was located); Evans v. State, 32 So. 3d 188, 189-90 (Fla. 1st DCA 2010) (holding that the State failed to prove constructive possession where drugs were hidden in a pain reliever bottle inside a small toiletry bag, which was itself inside a duffel bag that also contained the defendant’s passport, but where no one was in actual possession of the duffel bag at the time of the search, multiple people had access to the room where the bag was found, no fingerprints were found on the duffel bag or pain reliever bottle, and no one was asked about ownership of the pill bottle).

The proximity of Edwards’s identification to the purple bag in which the cocaine was concealed might be consistent with his having knowledge of the cocaine and dominion and control over it. Yet those facts are equally susceptible to the reasonable hypothesis that the cocaine was in the possession and control of Simms or the victim while they were in the vehicle and that Edwards simply threw his wallet into the gray canvas bag without knowing that the cocaine was inside. See Bennett, 46 So. 3d at 1184. Indeed, there was no evidence presented as to when the cocaine was placed in the purple bag or when the purple bag was placed inside the gray canvas bag. See Evans v. State, 32 So. 3d 188, 191 (Fla. 1st DCA 2010) (noting that presence of the defendant’s passport in duffel bag suggests he placed it there, but explaining that “[s]uch an inference . . . provides no time frame with regard to when the contraband came to reside in the bag, nor any help as to appellant’s present dominion over the contraband” and, therefore, the “mere presence of the passport” was insufficient to establish defendant’s constructive possession). The lack of a time frame for placement of the cocaine in either bag, combined with the lack of evidence regarding ownership of either bag, the lack of fingerprint evidence, and the fact that items belonging to persons other than Edwards were also located in the gray canvas bag lead us to conclude that the State’s circumstantial evidence failed to prove that Edwards was in constructive possession of the cocaine.possession of the cocaine.possession of the cocaine. While this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with Edwards’s hypothesis of innocence.

Reversed and remanded with instructions.

What does a Florida Court do where there is a defense based upon a jointly occupied house?

We emphasize that it was the combination of these factors that requires us to reverse the judgment in this case. We do not intend for this opinion to be interpreted as requiring reversal whenever drugs are located near a defendant’s personal items that are commingled with personal items belonging to someone else. As our case law has made clear, a defendant’s knowledge and control of contraband may be inferred where there are incriminating circumstances beyond mere proximity from which a jury could infer those elements. See Jackson, 995 So. 2d at 539.

Source:

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/February/February%2012,%202016/2D15-612.pdf
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Facing DRUG1904 Trafficking in Cocaine Charges (28-200g) in Hillsborough County?

You Need an Experienced Tampa Criminal Defense Attorney Immediately.

The term DRUG1904 is a specific code likely used by law enforcement and the court system in Hillsborough County, Florida, to categorize arrests and charges related to Trafficking in Cocaine involving quantities between 28 grams and 200 grams. While not part of the official statutory language itself (which is Florida Statute § 893.135(1)(b)1.a.), DRUG1904 serves as shorthand for this very serious first-degree felony charge. If you see DRUG1904 on arrest paperwork, charging documents, or court dockets in Hillsborough County, understand that it signifies you are accused of a crime carrying a possible mandatory minimum sentence of 3 years in prison and a $50,000 fine upon conviction.

If you or a loved one has been arrested and charged under the designation DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS in Hillsborough County, Florida, you are facing a severe first-degree felony with significant mandatory penalties. This is not a charge to take lightly. The time to act is now.

My name is W.F. “Casey” Ebsary Jr., and I am a dedicated Tampa criminal defense attorney with extensive experience defending individuals against serious trafficking drug charges throughout Hillsborough County and the surrounding areas. I understand the fear and uncertainty that comes with a trafficking charge. My goal is to protect your rights, explore every possible defense, and fight for the best possible outcome in your case.

Don’t delay. Call me directly at 813-222-2220 for a confidential consultation to discuss your specific situation.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

Understanding the Charge: DRUG1904 – Trafficking in Cocaine (28g to <200g)

The designation DRUG1904 corresponds specifically to the charge of Trafficking in Cocaine, involving a quantity of 28 grams or more, but less than 200 grams, under Florida Statute § 893.135(1)(b)1.a. This statute outlines the serious nature of this offense.

Key Elements the Prosecution Must Prove:

To secure a conviction for DRUG1904 Trafficking in Cocaine (28g to <200g), the State Attorney’s Office must prove the following elements beyond a reasonable doubt:

1. Knowledge: You knew the substance you possessed or handled was cocaine or a mixture containing cocaine.
2. Intent/Action: You knowingly sold, purchased, manufactured, delivered, brought into Florida, OR were in actual or constructive possession of the substance.
3. Quantity: The amount of cocaine, or the mixture containing cocaine, was 28 grams or more, but less than 200 grams.

What is “Actual” vs. “Constructive” Possession?

• Actual Possession: This means the cocaine was physically on your person (e.g., in your pocket, hand, or a bag you were carrying).
• Constructive Possession: This is more complex. It means the cocaine was not on your person but was in a place over which you had control (or shared control), and you knew it was there, and knew of its illicit nature. Examples include drugs found in your car’s glove box, under your bed, or in a shared living space. Proving constructive possession often requires the prosecution to show evidence linking you directly to the drugs beyond mere proximity. This is a frequent area where defenses can be mounted.

Florida Statute § 893.135(1)(b)1.a. – The Law:

The relevant portion of the Florida Statutes clearly states:

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms [Note: the sub-section addresses the 200g limit] of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

a. If the quantity involved: Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

You can review the full text of Florida Statute § 893.135 directly on the Florida Legislature’s official website: Florida Statute § 893.135 (Note: Always ensure you are viewing the most current version of the statute).

Severe Penalties for DRUG1904 Conviction in Florida

A conviction for DRUG1904 Trafficking in Cocaine (28g to <200g) carries mandatory minimum penalties:

• Mandatory Minimum Prison: Three (3) years in Florida State Prison. The judge must impose this sentence upon conviction unless specific legal exceptions apply (discussed below).
• Mandatory Minimum Fine: $50,000.

Beyond these mandatory minimums, a first-degree felony is punishable by:

• Up to thirty (30) years in prison.
• Up to $10,000 in additional fines (beyond the mandatory $50,000).
• Felony probation.

Long-Term Consequences:

A felony conviction for drug trafficking creates lifelong obstacles:

• Permanent Criminal Record: Making it difficult to find employment, secure housing, or obtain professional licenses.
• Loss of Civil Rights: Including the right to vote (until restored) and the right to own or possess firearms.
• Driver’s License Suspension: A conviction often triggers a mandatory suspension by the Florida DHSMV.
• Immigration Consequences: Non-citizens face potential deportation, denial of re-entry, or inability to obtain citizenship.
• Educational Opportunities: Difficulty getting accepted into colleges or receiving financial aid.
• Social Stigma: The label of “convicted drug trafficker” can have profound personal and social impacts.

Given these severe and life-altering consequences, mounting a vigorous defense is critical.

Defending Against DRUG1904 Cocaine Trafficking Charges

An arrest is not a conviction. There are numerous potential defense strategies that an experienced criminal defense attorney like myself can explore. Every case is unique, but common defenses in DRUG1904 cases include:

1. Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the search of your person, vehicle, or home, the evidence obtained (the cocaine) may be suppressed, potentially leading to dismissal. This involves scrutinizing the traffic stop, search warrant validity, or consent given. Explore more about your rights during searches on my website: drug2go.com.
2. Lack of Knowledge: The prosecution must prove you knew the substance was cocaine. If you were unaware of the drugs’ presence or their illicit nature (e.g., holding a package for someone else without knowing its contents), this can be a defense.
3. Lack of Possession (Actual or Constructive): Especially in constructive possession cases, we can challenge whether the state can prove you exercised dominion and control over the location where the drugs were found and knew they were there. Mere proximity to drugs is not enough for a conviction.
4. Insufficient Quantity: The state must prove the weight was 28 grams or more. We can challenge the weighing procedure, the calibration of the scales, or whether the entire mixture weight should count if it contains non-illicit substances.
5. Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed, this may be a defense.
6. Substantial Assistance: Florida law allows for potential avoidance or reduction of mandatory minimum sentences if a defendant provides “substantial assistance” in the identification, arrest, or conviction of other individuals involved in drug trafficking. This is a complex area requiring careful negotiation.
7. Misidentification: Challenging eyewitness accounts or confidential informant reliability.
8. Chain of Custody Issues: Challenging how the alleged drugs were handled, stored, and tested by law enforcement and the crime lab.

Developing the right defense strategy requires a thorough investigation of the facts, analysis of the police reports, witness interviews, and understanding of the specific procedures used by law enforcement agencies like the Hillsborough County Sheriff’s Office or the Tampa Police Department.

Understanding “DRUG1904” in Hillsborough County

Facing a DRUG1904 charge requires immediate action. Because DRUG1904 represents a high-level felony with mandatory penalties, securing experienced legal representation familiar with Hillsborough County courts and prosecutors is crucial. Defenses against DRUG1904 often involve challenging the legality of the stop or search, questioning the evidence of possession (especially constructive possession), disputing the weight or identity of the substance, or exploring potential mitigation strategies like substantial assistance. Do not underestimate the severity of a DRUG1904 designation; it demands a robust defense strategy from the outset. Contact W.F. “Casey” Ebsary Jr. at 813-222-2220 immediately if you are facing a DRUG1904 charge in Hillsborough County.

Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?

When your freedom and future are on the line, you need an attorney who understands the stakes and knows how to navigate the complexities of the Florida criminal justice system, particularly within Hillsborough County.

• Experience: I have years of experience specifically prosecuting and defending serious drug trafficking cases like DRUG1904.
• Local Knowledge: Practicing extensively in Hillsborough County means I am familiar with the local courts, judges, prosecutors, and law enforcement procedures. This local insight is invaluable.
• Aggressive Representation: I am committed to fighting vigorously for my clients, challenging the prosecution’s case at every turn.
• Personalized Attention: You will work directly with me, Casey Ebsary. I ensure my clients understand the process and are involved in their defense strategy.
• Proven Results: While no attorney can guarantee an outcome, I have a track record of achieving favorable results for clients facing serious charges. Explore my main site for more information about my practice: drug2go.com.

Contact Casey Ebsary Today – Your First Step Towards Defense

If you or someone you know has been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS in Hillsborough County, the time to consult with an attorney is immediately. Do not speak to law enforcement without legal representation. Anything you say can be used against you.

Call me, W.F. “Casey” Ebsary Jr., directly at 813-222-2220.

You can also reach out through my website. Please visit my Contact Casey the Lawyer page for more ways to get in touch. There you will find a secure contact form where you can provide details about your situation. Submitting information through the contact form or calling initiates a confidential consultation where we can discuss the specifics of your DRUG1904 charge and how I can help build your defense. Don’t wait for the prosecution to build its case – start your defense strategy now.

Frequently Asked Questions (Q&A) about DRUG1904 Cocaine Trafficking (28-200g)

What exactly is DRUG1904?

DRUG1904 is a code likely used by Hillsborough County law enforcement/courts for the charge of Trafficking in Cocaine (28g to <200g) under Florida Statute § 893.135(1)(b)1.a. It signifies a first-degree felony with mandatory penalties.

What are the mandatory minimum penalties for DRUG1904?

Upon conviction, the mandatory minimum sentence is 3 years in prison and a $50,000 fine.

Can I get bail if charged with DRUG1904?

Bail (bond) is possible but often set high for trafficking charges due to their severity. Factors include flight risk, community ties, and prior record. An attorney can argue for a reasonable bond at your first appearance hearing.

What if the drugs weren’t mine, but they were found in my car/house?

This involves the concept of “constructive possession.” The prosecution must prove you knew the drugs were there and had control over them. Simply being present isn’t enough. This is a critical area for defense.

Does the 3-year mandatory sentence mean I’ll only serve 3 years?

The 3-year sentence is the minimum the judge must impose upon conviction. The maximum sentence for this first-degree felony is 30 years. The actual sentence depends on many factors, but it cannot be less than 3 years without specific legal exceptions.

Can the charges be reduced or dismissed?

Yes, depending on the facts. Defenses like illegal searches, lack of evidence, or issues with proving possession or quantity can lead to reduced charges (e.g., simple possession) or complete dismissal. Negotiation or providing substantial assistance are other potential avenues.

What is “substantial assistance”?

This involves cooperating with law enforcement to help them investigate or prosecute others. If the State Attorney agrees you provided substantial assistance, they can request the judge waive or reduce the mandatory minimum sentence. This requires careful legal guidance.

Should I talk to the police if arrested for DRUG1904?

No. You have the right to remain silent and the right to an attorney. Politely state that you wish to exercise these rights and do not answer any questions without your lawyer present. Anything you say can be used against you.

How much does it cost to hire an attorney for a DRUG1904 case?

Legal fees vary based on the complexity of the case. I offer a confidential initial consultation to discuss your case and my fees. Defending against a serious felony like trafficking is an investment in your future. Contact me at 813-222-2220 to discuss.

Why do I need a lawyer specializing in criminal defense for a DRUG1904 charge?

Drug trafficking laws are complex, the penalties are severe, and the procedures are specific. An experienced criminal defense attorney understands the nuances of the law, potential defenses, negotiation strategies, and the local court system (especially Hillsborough County). This specialized knowledge is essential for protecting your rights and achieving the best possible outcome.

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Drug2Go.com

2102 W Cleveland St
Tampa, Florida 33606
Phone: 813-222-2220
Email: centrallaw@gmail.com

Cocaine Trafficking 28 – 200 Grams

If you have been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1904
Florida Statute: 893.135.1B1A
Level: Fel (Felony)
Degree: 1st

Description: TRAFFICKING IN COCAINE 28 TO 200 GRAMS
DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.


Florida Standard Jury Instruction:

25.11 TRAFFICKING IN ILLEGAL DRUGS

§ 893.135(1)(c), Fla. Stat.

            Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.

            To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:

            1.         (Defendant) knowingly

                                    [sold]

                                    [purchased]

                                    [manufactured]

                                    [delivered]

                                    [brought into Florida]

                                    [possessed]

                        a certain substance.

2.         The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].

3.         The quantity of the substance involved was 4 grams or more.

            See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).

4.         (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].

            If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above.  For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.

[4.        (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]

            Definitions.  Give as applicable.

            Sell.

            “Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

            Manufacture.  § 893.02(13)(a), Fla. Stat.

            “Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly.  Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

            Deliver.  § 893.02(5), Fla. Stat.

            “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

            Possession.

            To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

            Possession may be actual or constructive.

            Actual possession means:

a.         The controlled substance is in the hand of or on the person, or

b.         The controlled substance is in a container in the hand of or on the person, or

c.         The controlled substance is so close as to be within ready reach and is under the control of the person.

            Give if applicable.

            Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

            Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.

            In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.

            Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

            If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.

            If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.

            Knowledge of the illicit nature of the controlled substance.  Give if applicable.  § 893.101(2) and (3), Fla. Stat.

            Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged).  Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense.  (Defendant) has raised this affirmative defense.  However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.

            If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.

            If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.

            See State v. Weller, 590 So. 2d 923 (Fla. 1991).

            If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

            Enhanced penalty.  Give if applicable up to extent of charge.

a.         [The quantity of the substance involved was 4 grams or more but less than 14 grams.]

b.         [The quantity of the substance involved was 14 grams or more but less than 28 grams.]

c.         [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]

d.         [The quantity of the substance involved was 30 kilograms or more.]

Lesser Included Offenses

Comment

This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [509 So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245].  See also SC03-629 [869 So. 2d 1205 (Fla. 2004)].

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Facing DRUG1300 Charges in Hillsborough County? Possession of Cocaine with Intent to Sell Defense (Updated for 2025)

An arrest for Possession of Cocaine with Intent to Sell or Distribute in Florida, often logged under the code DRUG1300 in Hillsborough County criminal records, is a charge that demands immediate and serious attention. This is not a minor offense; it’s a felony that carries the potential for lengthy imprisonment, crippling fines, and a permanent mark on your record that can derail your future prospects for employment, housing, professional licenses, and even basic civil rights like voting or owning a firearm.

If you or someone you know is facing a DRUG1300 charge in Tampa, Plant City, or anywhere within Hillsborough County, you are likely feeling overwhelmed, scared, and uncertain about what comes next. The State Attorney’s Office prosecutes drug crimes aggressively. You need a defense attorney who understands the specific nuances of Florida drug law as outlined in the official statutes, knows the local court system, and is prepared to fight vigorously to protect your rights and your future.

My name is W.F. “Casey” Ebsary Jr., and I am a Tampa-based criminal defense attorney. For years, I have dedicated my practice to defending individuals against serious felony charges, including Possession with Intent to Sell Cocaine (DRUG1300). I understand the stakes are high, and I am committed to providing a strategic, aggressive defense tailored to the specific facts of your case.

Don’t face the power of the State alone. Call me, Casey Ebsary, 24 hours a day, 7 days a week at 813-222-2220 for a free, confidential consultation to discuss your DRUG1300 charge.

Understanding Possession of Cocaine with Intent to Sell (DRUG1300) Under Florida Law

The core statute governing this offense is Florida Statute § 893.13(1)(a) This law explicitly states that, except as authorized, it is unlawful for any person to “sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.”

Cocaine is explicitly listed as a Schedule II controlled substance under Florida Statute § 893.03(2)(a)4. While simple possession of cocaine is itself a felony, the allegation that you intended to sell, manufacture, or deliver it significantly increases the severity of the charge and the potential penalties.

What the Prosecution Must Prove Beyond a Reasonable Doubt:

For the Hillsborough County State Attorney to secure a conviction for Possession of Cocaine with Intent to Sell (DRUG1300) under F.S. § 893.13(1)(a), they carry the burden of proving all of the following elements:

1. Knowing Possession: The accused knowingly had possession of the substance. Possession can be:
   • Actual Possession: The substance was found on the person’s body, in their hand, or in a container in their hand or pocket – essentially, within immediate physical control.
   • Constructive Possession: The substance was not on the person but was located in a place over which the accused exercised dominion and control (e.g., their car, their room), the accused knew the substance was present, and the accused knew of the illicit nature of the substance. Proving constructive possession can be complex, especially if multiple people had access to the location where the drugs were found.
2. Identification of Substance: The substance possessed was, in fact, cocaine. This typically requires chemical analysis by a state crime lab.
3. Intent to Sell, Manufacture, or Deliver: The accused possessed the cocaine not merely for personal use, but with the specific purpose of distributing it to others. This is often the most heavily contested element in DRUG1300 cases.

Inferring “Intent to Sell”: How Prosecutors Build Their Case

Direct evidence of intent to sell (like a recorded confession or a witnessed sale) is uncommon. Therefore, prosecutors typically rely on circumstantial evidence to convince a judge or jury of the accused’s intent. Common factors they point to include:

• Quantity of Cocaine: Possessing an amount larger than what is typically considered for personal use (though Florida Statute § 893.135 establishes specific trafficking weights starting at 28 grams, even amounts less than this can be argued as intent to sell based on other factors).
• Packaging: Cocaine divided into multiple, smaller, individually wrapped packages (e.g., small baggies, vials) consistent with street-level sales.
• Presence of Drug Paraphernalia Associated with Sales: Items like digital scales, cutting agents (substances used to dilute cocaine), ledgers or records documenting transactions, and large sums of cash, especially in small denominations.
• Absence of User Paraphernalia: The lack of items typically associated with personal cocaine consumption (like pipes, straws, or rolled bills).
• Location: The arrest taking place in an area known by law enforcement for high drug trafficking activity.
• Statements/Communications: Text messages, phone calls, or statements overheard by officers or witnesses that suggest drug dealing.
• Firearms: The presence of firearms alongside the drugs can sometimes be used to imply protection of a drug-selling operation.

A skilled defense attorney scrutinizes each piece of circumstantial evidence the State presents, challenging its interpretation and presenting alternative, innocent explanations where applicable to combat the allegation of intent.

Penalties for Possession of Cocaine with Intent to Sell in Florida (as of 2025)

According to Florida Statute § 893.13(1)(a)1, Possession of Cocaine (as a Schedule II substance under F.S. 893.03) with Intent to Sell, Manufacture, or Deliver is classified as a Felony of the Second Degree. Per Florida’s general sentencing statutes F.S. § 775.082 and F.S. § 775.083 , potential penalties include:

• Prison: A term of imprisonment not exceeding fifteen (15) years.
• Probation: Up to fifteen (15) years of supervised probation.
• Fines: A fine not exceeding $10,000.
• Driver’s License Suspension: A mandatory minimum 6-month suspension/revocation of driving privileges upon conviction, pursuant to Florida Statute § 322.055 .
• Permanent Felony Record: A felony conviction carries significant lifelong consequences, affecting rights and opportunities regarding employment, housing, firearm ownership, voting, and professional licensing.

Aggravating Factors Leading to Harsher Penalties:

Florida law specifies circumstances that can significantly increase the severity of the charge and potential penalties:

• Proximity to Specific Locations: Under F.S. § 893.13(1)(c)-(f) , committing the offense (selling, manufacturing, delivering, or possessing with intent) within 1,000 feet of a school (between 6 a.m. and midnight), childcare facility, park, community center, place of worship, assisted living facility, public housing facility, or college/university elevates the crime to a Felony of the First Degree.
  • A first-degree felony is punishable by up to thirty (30) years in prison (F.S. § 775.082(3)(b), and a fine of up to $10,000 .
  • Certain offenses under this subsection, particularly near schools or childcare facilities, carry mandatory minimum prison sentences of 3 years.
• Prior Convictions (Habitual Offender Laws): If you have prior felony convictions, the State may seek enhanced penalties under Florida Statute § 775.084 . Depending on the nature and timing of previous convictions, you could face significantly longer prison sentences and potential mandatory minimum terms as a Habitual Felony Offender (HFO) or Habitual Violent Felony Offender (HVFO).
• Trafficking Thresholds: Possessing 28 grams or more of cocaine or any mixture containing cocaine automatically triggers Florida’s harsh drug trafficking laws F.S. § 893.135, . This is a separate, more serious first-degree felony charge carrying mandatory minimum prison sentences and extremely high fines, regardless of actual intent to sell:
  • 28g to < 200g: Minimum 3 years prison + $50,000 fine.
  • 200g to < 400g: Minimum 7 years prison + $100,000 fine.
  • 400g to < 150kg: Minimum 15 years prison + $250,000 fine.

Important Note on Sentencing: Florida uses a Criminal Punishment Code (CPC) scoresheet to guide sentencing. Factors like the primary offense level, additional offenses, victim injury (rare in these cases but possible), and the defendant’s prior record generate points. A certain point threshold mandates a state prison sentence unless the judge finds grounds for a downward departure. An experienced attorney understands the scoresheet system and can argue for mitigating factors or departure grounds.

Understanding the Charge Code: DRUG1300

If you or a loved one has been arrested in Hillsborough County and reviewed the arrest affidavit or court documents, you might encounter the specific designation DRUG1300. What exactly does this alphanumeric code signify? DRUG1300 is an internal code frequently utilized by law enforcement agencies and the court system within Hillsborough County (and potentially neighboring jurisdictions) to specifically categorize the charge of Possession of Cocaine with Intent to Sell, Manufacture, or Deliver. It corresponds directly to the offense outlined in Florida Statute § 893.13(1)(a) when the controlled substance involved is cocaine, classified under Schedule II.

While “DRUG1300” isn’t part of the official statutory language itself, it acts as a critical shorthand for police, prosecutors, defense attorneys, and court clerks navigating the criminal justice system. Seeing DRUG1300 on paperwork confirms that the State is alleging more than simple possession; they believe they have evidence indicating an intent to distribute. Understanding this code helps clarify the precise nature and severity of the charge you are facing—a second-degree felony with significant potential penalties.

Therefore, searching for defenses against a DRUG1300 charge means seeking effective legal strategies to combat allegations of Possession of Cocaine with Intent to Sell within the specific context of the Hillsborough County legal environment. Given the serious consequences linked to DRUG1300, prompt action is essential. At the Law Office of W.F. “Casey” Ebsary Jr., we are familiar with how DRUG1300 cases are handled locally and are prepared to build a robust defense. If this code appears in your case, contact us immediately at 813-222-2220.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

Potential Defenses to Possession of Cocaine with Intent (DRUG1300)

Just because you’ve been arrested doesn’t mean you will be convicted. A knowledgeable criminal defense attorney can identify and assert various defenses to challenge a DRUG1300 charge. Some potential avenues include:

• Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches. If police stopped your vehicle without reasonable suspicion, searched your home without a valid warrant (or a valid exception to the warrant requirement), or otherwise violated your constitutional rights, the cocaine and any other evidence seized might be suppressed. A successful motion to suppress can gut the prosecution’s case.
• Lack of Possession (Actual or Constructive): Can the State definitively link the cocaine to you?
  • Constructive Possession Challenges: If drugs were found in a car with passengers, a shared apartment, or another area where multiple people had access, the State must prove you had knowledge of the drugs’ presence and the ability to exercise dominion and control over them. Mere proximity is often insufficient.
  • Actual Possession Challenges: Was the item truly “on your person”? Was the discovery procedure lawful?
• Lack of Knowledge: The State must prove you knew the substance was cocaine. If you reasonably believed it was something else, or if it was hidden in your belongings by someone else without your awareness, this could be a defense.
• No Intent to Sell: This is frequently the core battleground. Arguments can include:
  • The quantity possessed was consistent with personal use, not distribution.
  • Lack of typical distribution indicators (no scales, baggies, large cash amounts, ledgers, incriminating messages).
  • Evidence of personal use (presence of user paraphernalia).
• Problems with the Evidence:
  • Chain of Custody: Any breaks or inconsistencies in how the alleged cocaine was handled, stored, and transported from seizure to the lab can cast doubt on its integrity.
  • Lab Testing: Challenging the methodology or results of the crime lab’s analysis. Was the substance definitively identified as cocaine? Was the weight accurate (especially crucial near trafficking thresholds)?
• Entrapment: If law enforcement officers or their agents improperly induced or persuaded you to commit a crime that you were not otherwise predisposed to commit.
• Issues with Confidential Informants (CIs): Cases built on CI testimony are often vulnerable. A defense attorney will investigate the CI’s reliability, motivation (deals for testimony?), and potential biases, as well as whether police properly corroborated the CI’s information.
• Florida’s 911 Good Samaritan Act F.S. § 893.21, This law provides limited immunity from arrest, charging, and prosecution for certain possession offenses (and paraphernalia) for individuals who, acting in good faith, seek medical assistance for someone (including themselves) experiencing a drug or alcohol overdose. Eligibility depends on specific circumstances.

Developing the right defense strategy requires a detailed analysis of your unique case facts. I will explore every possible angle. Visit my website for more general information on drug crime defense.

Potential Resolutions Beyond Trial

While preparing a robust defense for trial is crucial, many cases are resolved before reaching a jury. Depending on the specific facts, the strength of the evidence, your criminal history, and negotiation, potential alternative resolutions include:

• Dismissal of Charges: If critical evidence is suppressed due to constitutional violations, or if the prosecution cannot meet its burden of proof, charges may be dismissed outright or dropped via a “nolle prosequi.”
• Reduced Charges: Negotiating a plea agreement where you plead guilty or no contest to a less serious offense, such as simple Possession of Cocaine (a third-degree felony) or even misdemeanor paraphernalia, resulting in lesser penalties.
• Pre-Trial Intervention (PTI) or Drug Court: For eligible individuals (often first-time offenders or those with limited prior records), these diversion programs focus on rehabilitation rather than punishment. Successful completion typically leads to the dismissal of the charges. Admission usually requires approval from the State Attorney’s Office.
• Withholding Adjudication: In some plea agreements, the judge may agree to withhold adjudication of guilt. While you still face penalties (like probation), avoiding a formal felony conviction can prevent the loss of certain civil rights and may be less damaging for future employment or licensing.
• Probation: A sentence involving supervision in the community instead of prison, often with conditions like drug testing, counseling, community service, and fines.

Why You Need W.F. “Casey” Ebsary Jr. for Your Hillsborough County DRUG1300 Defense

Facing a felony drug charge like Possession of Cocaine with Intent to Sell demands experienced legal counsel familiar with local practices. Here’s why you should consider my firm:

• Local Hillsborough County Experience: I practice regularly in the Thirteenth Judicial Circuit Court in Tampa. I am familiar with the local State Attorney’s office policies, the judges, and the specific procedures used in Hillsborough County drug cases.
• Deep Knowledge of Florida Drug Laws: I was a Hillsborough County Drug Prosecutor and constantly monitor changes in statutes, case law (court decisions), and sentencing guidelines relevant to drug offenses.
• Aggressive & Strategic Defense: I believe in a proactive defense. I will thoroughly investigate the State’s case, identify weaknesses, file appropriate motions (like Motions to Suppress or Dismiss), and aggressively advocate for your rights, whether in negotiations or in the courtroom.
• Direct Attorney Contact: When you hire my firm, you work directly with me, Casey Ebsary. I prioritize clear communication, ensuring you understand the legal process, your options, and the status of your case.
• Focus on Favorable Outcomes: My goal is always to achieve the best possible result for you, whether that means fighting for a complete dismissal, negotiating a significantly reduced charge, securing entry into a diversion program, or winning an acquittal at trial.
• Available 24/7: I understand that legal emergencies require immediate attention. My phone line (813-222-2220) is open 24/7.

Frequently Asked Questions (Q&A) about Possession of Cocaine with Intent (DRUG1300)

What’s the main difference between simple possession and DRUG1300 in Florida?

Simple possession (usually a 3rd-degree felony) is possessing cocaine for personal use. DRUG1300 (Possession with Intent, a 2nd-degree felony) requires the State to prove you intended to sell, make, or deliver it. Penalties are much higher for DRUG1300.

Can I be charged with intent (DRUG1300) even if I didn’t actually sell anything?

Yes. The charge is based on intent, not a completed sale. Prosecutors use circumstantial evidence (quantity, packaging, scales, etc.) to try and prove that intent.

What if the cocaine wasn’t mine or I didn’t know it was in my car/house?

This involves defenses like Lack of Knowledge or challenging Constructive Possession. The State must prove you knew about the drugs and had control over them. If multiple people had access, it complicates the State’s case.

Is there a specific amount of cocaine that automatically triggers a DRUG1300 charge?

Below the 28-gram trafficking threshold, there’s no set amount. Any quantity can support an intent charge if other factors (packaging, scales) are present. However, larger amounts make the State’s argument easier.

What if police found scales or baggies but only a small amount of cocaine?

Police will likely still charge DRUG1300 based on the paraphernalia. However, a defense attorney can argue the amount is consistent with personal use and challenge the inference of intent based solely on the items.

Does a DRUG1300 conviction always mean prison?

Not automatically, unless mandatory minimums apply (e.g., trafficking weight, gun enhancement, certain location enhancements under F.S. § 893.13. However, as a 2nd-degree felony scoring under the Criminal Punishment Code, prison is a significant risk, especially with a prior record. Your attorney’s goal is to avoid prison through dismissal, acquittal, reduced charges, or alternative sentencing.

What are the first things I should do if arrested for DRUG1300?

Politely but firmly state you wish to remain silent and want an attorney. Do not answer police questions, consent to searches, or make any statements without counsel present. Contact W.F. “Casey” Ebsary Jr. at 813-222-2220 immediately.

Can Casey Ebsary get my DRUG1300 charge reduced or dismissed?

While no attorney can guarantee results, my goal is always to seek the best possible outcome. This often involves fighting for dismissal via motions, negotiating favorable plea deals to lesser charges (like simple possession), or securing acquittal at trial. Success depends on the specific facts and evidence.

How does “constructive possession” work in Florida?

It applies when drugs aren’t on your person. The State must prove (1) you knew the drugs were there, (2) you knew they were illegal, and (3) you had “dominion and control” over the place where they were found (e.g., your car, your bedroom).

Will a DRUG1300 charge suspend my driver’s license?

Yes. If adjudication is not with held, Under F.S. § 322.055 any conviction for a drug offense, including DRUG1300, results in a mandatory minimum 6-month driver’s license revocation by the Florida DHSMV.

Don’t Delay – Protect Your Future Today

A charge of Possession of Cocaine with Intent to Sell or Distribute (DRUG1300) in Hillsborough County is a serious legal battle with potentially devastating consequences. You need a defense lawyer who will stand by your side, fight for your rights, and pursue every legal avenue to protect your freedom and future.

Do not wait. Evidence can disappear, witness memories can fade, and the prosecution is already building its case. The sooner you have an experienced attorney involved, the stronger your defense can be.

Call the Law Office of W.F. “Casey” Ebsary Jr. right now at 813-222-2220. We are available 24/7 to take your call and provide a free, confidential consultation.

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Legal Citations (Official Florida Statutes Links):

• Florida Statute § 893.13 (Prohibited acts; penalties):
• Florida Statute § 893.03 (Controlled substance schedules):
• Florida Statute § 893.135 (Trafficking offenses):
• Florida Statute § 775.082 (Penalties; imprisonment):
• Florida Statute § 775.083 (Penalties; fines):
• Florida Statute § 775.084 (Habitual felony offenders):
• Florida Statute § 322.055 (Driver’s license suspension for drug offenses):
• Florida Statute § 893.21 (Drug-related overdose; medical assistance immunity):

Possession Cocaine Intent Distribute

If you have been charged with DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute) you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG1300
Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute)

DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute) one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Florida Statute § 893.135  Cocaine Minimum Mandatory Sentences

The Florida Statutes on Cocaine provide harsh minimum mandatory sentences that kick-in at 28 grams. The trafficking stakes become higher when 400 grams or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Trafficking

Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of Cocaine:

Drug Amount                          Mandatory Minimum Sentence & Fine

28 – 200 grams                          3 years, $50,000 fine

200 – 400 grams                        7 years, $100,000 fine

400 grams – 150 kilograms        15 years, $250,000 fine

Contact Casey – Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220