Drug Bust on Video

Tampa Drug Defense Attorney Michael P Maddux has recently reviewed a case where there was a Drug Bust on Video. The citizen photographer was arrested. Criminal Defense issues will be was there a Search Warrant, Probable Cause, or Consent to Search? The video mentions a “warrant”, but the police office claims consent to search the vehicle.

Civil Rights issue will be can the police arrest a citizen reporter recording police actions on a city street? What do you think?

Documentary | Copwatch: These Streets are Watching

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 Medical Marijuana Law Update

#Floriduh may not allow smoking #medicalmarijuana #cannabislaws despite #constitutional amendment.

http://www.palmbeachpost.com/news/state–regional-govt–politics/florida-medical-marijuana-compromise-likely-won-allow-smoking/8bk2WWF7JO66DpzOxF8tQN/

Our Previous Coverage is here:

http://www.drug2go.com/2017/03/hillsborough-county-medical-marijuana-ordinance.html

http://www.drug2go.com/2017/02/medical-marijuana-rules-hearing-tampa-florida.html

Florida Medical Marijuana Law – Complete Proposed Text of Senate Bill

http://www.drug2go.com/2017/01/florida-medical-marijuana-law-text.html

Rating: 5 – ‎Review by Google+ User

Jan 26, 2017 – Section 381.986, Florida Statutes, is amended to 64 read: 65 381.986 Compassionate use of low-THC and medical cannabis 66 and marijuana …

Florida Ordinance Imposes Marijuana Moratorium

http://www.drug2go.com/2017/01/florida-ordinance-marijuana-moratorium.html

Rating: 5 – ‎Review by Google+ User

Jan 19, 2017 – Another Florida Community has imposed a moratorium on licensing or Zoning for newmedical marijuana dispensaries.

Florida Counties Blocking Medical Marijuana Dispensaries

http://www.drug2go.com/2016/12/florida-counties-blocking-medical.html

Rating: 5 – ‎Review by Google+ User

Dec 6, 2016 – List of Florida counties trying to block the establishment of Medical MarijuanaDispensaries.

Video From Inside a Legal Florida Medical Marijuana Growhouse

http://www.drug2go.com/2016/12/video-inside-florida-medical-marijuana-growhouse.html

Rating: 5 – ‎Review by Google+ User

Dec 22, 2016 – We have also uncovered the location of one of Florida’a first retail locations for dispensing Medical marijuana. They will dispense Calming CBD …

Medical Marijuana Dispensary – Florida Complete Text of Proposed …

http://www.drug2go.com/2017/01/medical-marijuana-dispensary-florida-regulations.html

Rating: 5 – ‎Review by Google+ User

Jan 17, 2017 – 64-4.012 Medical Marijuana for Debilitating Medical Conditions. PURPOSE AND EFFECT: The purpose and effect of this rule is to implement …

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

Casey has has a fully searchable Pinellas Cannabis Marijuana defense database using the search tool on this page. on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband.

Casey reviews Minimum Mandatory sentences may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial expert who defends drug crimes in Pinellas County, Florida.

Let us help you 813.222.2220

Transcript: Pinellas Marijuana Defense Lawyer Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailble for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Pinellas Marijuana Defense Attorney Narration]

Video: Pinellas Marijuana Defense Lawyer 813-222-2220 Video on YouTube

This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband.

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

Marijuana Charges in Tampa, Florida | Hillsborough County

Marijuana charges can leave you with a permanent criminal record. Some communities have laws that allow forfeiture or the seizing and taking of a vehicle involved with an alleged marijuana crime. A Tampa marijuana Lawyer who is Board Certified as a Criminal Trial Lawyer, can help save you and your vehicle when there are drug charges including cannabis a/k/a “weed.”

Ask a Lawyer – Free Phone Consultation Call 813-222-2220

Isn’t Marijuana Legal in Florida?

No – the Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Stories of a typical drug bust can be found here.

Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. If and when the law on medical marijuana changes, the drug remains a controlled substance under both State and Federal laws

Here are a Few Frequently Asked Questions FAQ

Drug2103 Possession of Cannabis Less than 20 Grams

Florida Courts Do Not Require and Expert or a Lab Test to Prove Possession Charges or to establish the chemical makeup of Cannabis or Marijuana. The field presumptive test and the testimony of the arresting officer is all they need.

“the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree”

Form Code: DRUG2103

Florida Statute: 893.13.6B
Level: Misd (Misdemeanor)
Degree: 1st

Description: POSSESSION OF CANNABIS LESS THAN 20 GRAMS

DRUG2103 is one of the most commonly charged offenses in Tampa and Hillsborough County, Florida.

Florida Statute 893.13.6B

Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13.6(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

Drug2102 Possession of Cannabis More than 20 Grams

Possession of more than 20 grams of weed is a felony in Florida. Cops can and do attempt to seize and forfeit motor vehicles used during the alleged crime. Additionally, judges and prosecutors can and do seek suspension of a driver’s license for 2 years. In short, Florida drug laws remain harsh for those who do not have a compassionate use medical marijuana card.

Form Code: DRUG2102

Florida Statute: 893.13.6A
Level: Fel (Felony)
Degree: 3rd
Description: POSSESSION OF CANNABIS

DRUG2102 POSSESSION OF CANNABIS 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.

(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

“drug charges result in suspension of Driver’s License”

Aside from the drug court, sometimes law enforcement fails to follow the requirements of the Fourth Amendment on Search and Seizure. Courts sometimes suppress evidence and marijuana seized without a valid Search Warrant.The case cannot be prosecuted if key evidence is tossed.

What are the Penalties – Florida State Marijuana Law Penalty Summary:

An ever-increasing number of drug charges result in suspension of Driver’s License. Additionally the penalties are listed below. Any conviction can result driver’s license suspension for 6 months to 2 years.

“sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison”

Possession:

20 g or less Misdemeanor 1 year $1,000
More than 20 g Felony 5 years $5,000

Sale or Cultivation:

Delivery of 20 g or less Misdemeanor 1 year $1,000
25 lbs or less Felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) Felony 3 years MinMan* $25,000
2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000
10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000
Within 1,000 feet of school or other Felony 15 years $10,000

* MinMan = Mandatory minimum sentence.

Other Penalties:

Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver’s license suspension for 6 months to 2 years.

Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.

What Are Charge Codes?

Law enforcement is using rather obscure codes to classify marijuana offenses when they are entered into the various report systems. For your convenience we have decoded a few common cannabis charges:

Drug2103 Possession Of Cannabis Less Than 20 Grams – First Degree Misdemeanor punishable by 12 months in county jail.

Drug2102 Possession Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison

Drug2300 Possession Of Cannabis With Intent To Sell – Third Degree Felony Punishable by 5 years Florida State Prison

Drug2500 Manufacture Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison

You can review the decision here:

Source: 34 Fla. L. Weekly D2306b

Marijuana Florida Drug Defense Attorney, Pat Down, Probable Cause, Reasonable Suspicion

Constructive Possession Cannabis | Defense Win

The drug charge was Trafficking in Cannabis. When the state failed to prove the defendant’s constructive possession of cannabis discovered in a suitcase in trunk of her car during a consent search, the defense got a win. The appeals court ruled there must be independent proof that a defendant in a possession of cannabis case had knowledge of presence of cannabis or had dominion and control over a container found in the trunk of a car.

Notably, the suitcase had no fingerprints, had jeans of a size fitting a passenger, and the defense put on unrefuted testimony that she was not in exclusive possession of vehicle, a passenger had keys to vehicle and also had access to the vehicle’s trunk. Even though the defendant had nearly $1,000 in cash, the state failed to show that $939 cash in her possession was in any way connected with trafficking in cannabis. The defendant testified the money was for school .

The court ruled, “Accordingly, the trial court erred in denying [defendant’s] motion for judgment of acquittal, and we reverse and remand with directions for the court to discharge [defendant] Reversed and remanded . . . .”

Constructive Possession of Cannabis Questions? Call me Toll Free 1-877-793-9290 .

View Adobe Acrobat PDF Copy of Constructive Possession Cannabis Case Here.

The defendant “was arrested after the police discovered a suitcase containing cannabis in the trunk of the car she was driving. A jury found her guilty of trafficking in cannabis; possession of a conveyance used for trafficking, sale, or manufacturing of controlled substances; and possession of drug paraphernalia. We reverse because, in this constructive possession case, the State failed to establish [defendant’s] knowledge of the presence of the cannabis or her dominion and control over the suitcase containing the cannabis.”

Constructive Possession of Cannabis Case Excerpts:

“The facts of this case are analogous to those in K.A.K. v. State, 885 So. 2d 405 (Fla. 2d DCA 2004). In K.A.K., the juvenile defendant was the driver of a vehicle that contained three passengers and was involved in an automobile accident. 885 So. 2d at 406. When the sheriff’s deputy arrived on the scene, he noticed what appeared to be a glass pipe used to smoke drugs on the floorboard of the driver’s side. The deputy searched the car’s interior and discovered a leafy substance that appeared to be cannabis scattered about the driver’s side. In the open glove compartment, the deputy found a box containing rolling papers and tweezers with a burnt tip.”

“In cases relying on circumstantial evidence, such as this one, the evidence must also exclude any reasonable hypothesis of innocence propounded by the defense. See Pagan, 830 So. 2d at 803. The evidence must “lead ‘to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’ ” Lindsey v. State, 14 So. 3d 211, 215 (Fla. 2009) (quoting Frank v. State, 163 So. 223, 223 (Fla. 1935)).”

“[E]vidence which furnishes nothing stronger than a suspicion, even though it would tend to justify the suspicion that the defendant committed the crime, is not sufficient to sustain [a] conviction. It is the actual exclusion of the hypothesis of innocence which clothes circumstantial evidence with the force of proof sufficient to convict. Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence.”

Source: 36 Fla. L. Weekly D1266a

Drug Charge Defense Attorney

Facing a criminal charge can be a daunting experience, especially when it involves serious allegations like the delivery of cocaine. In Florida, this charge, often coded as “DRUG1200,” carries significant penalties and can have long-lasting consequences. This article provides a comprehensive overview of Florida Statute 893.13(1)(a), which governs this offense, and explains what you need to know if you or a loved one is facing this charge.

It’s important to remember that DRUG1200 is just one of many ways to face drug-related charges in Hillsborough County. In fact, there are over 250 ways to go to jail for drug crimes in Florida, highlighting the complexity and breadth of Florida’s drug laws. For immediate assistance, you can contact us at 813-222-2220.

What is DRUG1200 Delivery of Cocaine?

DRUG1200 is the Florida charge for the delivery of cocaine. It falls under Florida Statute 893.13(1)(a), which prohibits the sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver, a controlled substance. Cocaine is classified as a Schedule II controlled substance, meaning it has a high potential for abuse and a severely restricted medical use.

The Broad Scope of “Delivery”

It’s crucial to understand that “delivery” in this context doesn’t just mean a direct, hand-to-hand transaction. Florida law defines delivery broadly to include:

• Actual Delivery: The physical transfer of the drug.
• Constructive Delivery: Having the intent and ability to control the cocaine, even without physically handing it over. This could involve directing someone to a hidden stash.
• Attempted Delivery: Even an unsuccessful attempt to deliver cocaine can result in charges.

This broad definition means you can be charged with DRUG1200 even if you weren’t directly involved in a physical exchange. See more details on our DRUG1200 Delivery of Cocaine page.

Penalties for DRUG1200

As a second-degree felony, DRUG1200 carries severe penalties under Florida law:

• Prison: Up to 15 years in prison, as outlined in Florida Statute 775.082.
• Fines: Up to $10,000 in fines, as per Florida Statute 775.083.
• Habitual Offender Status: If you have prior felony convictions, you could face significantly enhanced penalties, including a potential life sentence, under Florida Statute 775.084.

Enhancements and Aggravating Factors

Certain factors can increase the severity of the charge:

• Quantity: Selling or delivering over 10 grams elevates the charge to a first-degree felony (up to 30 years in prison), according to Florida Statute 893.13(1)(b).
• Proximity to Protected Locations: Selling, manufacturing, or delivering within 1,000 feet of schools, childcare facilities, parks, community centers, or public recreational facilities (between 6 a.m. and midnight for schools) also elevates the charge to a first-degree felony with a mandatory minimum 3-year prison sentence, as detailed in Florida Statute 893.13(1)(c).

Potential Defenses

While a DRUG1200 charge is serious, there are potential defenses. A skilled criminal defense attorney will explore all options, which may include:

• Lack of Knowledge: The prosecution must prove you knowingly possessed or delivered the cocaine.
• Lack of Intent: For constructive delivery or possession with intent, the prosecution must prove your intent.
• Illegal Search and Seizure: Evidence obtained illegally may be suppressed.
• Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed.
• Mistaken Identity: If you were wrongly identified.
• Substantial Assistance: You may be able to work with law enforcement.

Why You Need an Experienced Attorney

The complexities of Florida drug laws, as evidenced by the numerous ways to be charged with drug crimes, the broad definition of “delivery,” and the potential for severe penalties make it essential to have experienced legal representation. At the Law Office of W.F. “Casey” Ebsary Jr., we understand the seriousness of these charges and are dedicated to protecting your rights. We will thoroughly investigate your case, explore all possible defenses, and fight for the best possible outcome.

FAQ: DRUG1200 Delivery of Cocaine

Here are some frequently asked questions about DRUG1200 charges:

What if I didn’t actually sell the cocaine, but I was just holding it for someone else?

You could still be charged with possession with intent to deliver, which carries the same penalties as actual delivery. This falls under the concept of constructive possession.

What if I was just in the wrong place at the wrong time?

Mere presence at the scene of a crime is not enough to convict you. However, the prosecution may try to prove your involvement through other evidence. It’s crucial to have an attorney review the evidence against you.

Can the police search my car without a warrant?

The police can search your car without a warrant under certain circumstances, such as if they have probable cause to believe it contains evidence of a crime. However, these searches are subject to legal challenges. An illegal search could lead to the suppression of evidence.

What is a mandatory minimum sentence?

A mandatory minimum sentence is a minimum prison term that a judge must impose, regardless of mitigating circumstances. The 3-year mandatory minimum for selling near protected locations is an example.

What does “constructive delivery” mean?

Constructive delivery means you have the intent and ability to control the drugs, even if you don’t physically hand them to someone.

What if I was set up by a confidential informant?

This could potentially be a defense of entrapment, but entrapment is a complex legal issue. It’s not enough to simply be given the opportunity to commit a crime; the police must have induced you to do something you wouldn’t have otherwise done.

What is “substantial assistance”?

Providing substantial assistance to law enforcement in the investigation or prosecution of other drug offenses can sometimes lead to a reduced sentence. This is a strategic decision that should be discussed with your attorney.

What are the long-term consequences of a DRUG1200 conviction?

Beyond prison and fines, a felony conviction can impact your ability to get a job, housing, professional licenses, and even vote.

What should I do if I’m arrested for DRUG1200?

Exercise your right to remain silent and contact an attorney immediately. Do not answer any questions without legal counsel.

How can I contact your firm for help?

You can call us at 813-222-2220 or contact our website at drug2go.com for a consultation. We are here to help you navigate this challenging 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/).

If you have been charged with DRUG1200 DELIVERY OF COCAINE you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG1200


Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd

Description: DELIVERY OF COCAINE

DRUG1200 DELIVERY OF COCAINE 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

Facing Drug Crime Charges in Hillsborough County?

Drug crimes in Florida carry severe penalties, ranging from misdemeanors to serious felonies. Understanding the nuances of Florida drug laws is crucial if you’re facing charges. This page details 250 Ways to Go to Jail for Drug Crimes in Florida, highlighting common offenses like possession, sale, trafficking, and manufacturing. This broad spectrum underscores the complexity of drug crime laws.

Florida Statute Chapter 893 outlines the Controlled Substances Act, defining prohibited substances and associated penalties. For instance, possession of even a small amount of a controlled substance, as detailed in Possession (linked section on your page), can lead to significant legal consequences. Similarly, charges related to the Sale or Delivery of drugs carry even heavier penalties, often involving mandatory minimum sentences. The severity often depends on the type and quantity of the substance, as well as prior offenses. Even seemingly minor infractions, like possessing Drug Paraphernalia, can result in criminal charges.

An experienced drug crimes attorney can navigate these complexities, protect your rights, and build a strong defense. W.F. “Casey” Ebsary Jr. (813-222-2220) offers legal representation for individuals facing all types of drug crimes charges in Hillsborough County.

Explore the intricate web of Florida’s drug crimes with our Definitive List of Florida Drug Crimes Statutes. In Tampa alone, there are a staggering 250 ways you could find yourself facing charges, spanning misdemeanors to felonies to minimum mandatory sentences.

Drug Crimes Q&A

What is the most common drug crime?

Possession of a controlled substance is the most frequently charged drug offense. This can include illegal narcotics, prescription drugs without a valid prescription, or even certain chemicals used to manufacture drugs. Penalties vary greatly depending on the type and amount of the substance.

What’s the difference between possession and trafficking?

Trafficking involves larger quantities of controlled substances than simple possession. The law presumes that possessing a certain amount indicates an intent to sell or distribute, leading to much harsher penalties. The specific quantity thresholds vary depending on the specific drug.

Are there mandatory minimum sentences for drug crimes?

Yes, Florida law mandates minimum sentences for certain drug offenses, particularly trafficking. These mandatory minimums mean a judge has limited discretion in sentencing, even if mitigating circumstances exist. The length of the mandatory minimum depends on the drug type and quantity involved.

Can I be arrested for having prescription drugs?

Yes, you can be arrested if you possess prescription drugs that were not lawfully prescribed to you. It’s also illegal to possess prescription drugs in a container other than the original pharmacy container, or to alter the prescription label. These laws are designed to combat prescription drug abuse and diversion.

What is constructive possession?

Constructive possession means you have control over a substance even if it’s not physically on your person, like in your car or home. The prosecution must prove you knew about the drugs and had the ability to exercise control over them. This is often a key issue in drug cases.

Can drug paraphernalia lead to arrest?

Yes, possession of drug paraphernalia, which includes items used for consuming, producing, or concealing drugs, is a criminal offense. This can range from pipes and bongs to scales and baggies. The prosecution must prove that the items were intended for use with illegal drugs.

What if the drugs were found during an illegal search?

If law enforcement violated your Fourth Amendment rights against unreasonable searches and seizures, the evidence may be suppressed. This means the drugs cannot be used against you in court. A successful motion to suppress evidence can often lead to the dismissal of charges.

What’s a plea for withhold of adjudication?

A withhold of adjudication means the court does not formally convict you of the crime, even though you plead guilty or no contest. This can help you avoid some of the collateral consequences of a conviction, such as difficulty finding employment or housing. However, it still counts as a prior offense if you are charged with another crime in the future, particularly in federal drug crimes.

Can you help on Federal Drug cases?

Yes, I have experience handling federal drug cases, which often involve larger quantities and interstate trafficking. Federal drug laws and sentencing guidelines are different from Florida state laws and often carry harsher penalties. Navigating the federal court system requires specialized knowledge and experience.

Do you offer free initial consultation?

Call Casey at 813-222-2220 to discuss your case. The initial consultation allows us to assess the situation, discuss potential defenses, and outline the legal process. This is a no-obligation opportunity to get legal advice.

Our comprehensive list breaks down each offense, detailing the associated Florida Statute and law enforcement’s coded charges. Whether it’s possession, sale, or trafficking of various controlled substances, this guide provides clarity on every charge. Arm yourself with knowledge to navigate the complexities of drug crimes in Hillsborough County, Florida.

The Law Office of W.F. ‘Casey’ Ebsary Jr is here to fight for you or your friend, ensuring a strong defense. Call (813) 222-2220 for legal support.

Definitive List of Florida Drug Crimes Statutes

There are 250 Ways to Go to Jail for Drug Crimes in Tampa. There are 250 types of Drug Crimes Charged in Tampa, Hillsborough County, Florida. Here is a list of every type of drug crime charged in Hillsborough County. The list includes the Florida Statute number and the computer codes used by law enforcement to classify the charged offenses. These are frequently referred to as charges codes or form codes.

The list includes both felonies and misdemeanors, includes the Florida Statute, and a brief description of the charges.

250 Ways to Go to Jail for Drug Crimes in Tampa, Florida

Form Code Statute Level Degree Charge Description

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

Let us help you 813.222.2220

Drug2Go.com

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

• Which Judge will preside over my Tampa / Hillsborough County Drug Crimes Case?
• DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D
• DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS
• Trafficking in Cocaine | Florida Conviction Overturned
• DRUG2300 POSSESSION OF CANNABIS WITH INTENT TO SELL OR

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.

Contact Us for a Confidential Consultation

If you prefer to reach out online, please visit our dedicated contact page. You can send a secure message detailing your situation, and we will get back to you promptly. We understand the sensitive nature of these charges and assure you of complete confidentiality. Find our contact form and other contact details here.

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

Oxycodone Oxycontin

Tampa Prescription Drug Defense Attorney notes another roundup as Hillsborough County Sheriff’s Deputies deputies made arrests before sunrise Thursday and by 9:30 a.m. EST made 33 arrests for dealing prescription medications. Operation Pain Reliever was a three-month investigation called aimed at the prescription drug abuse and distribution.

Source: http://www.tampabay.com/news/publicsafety/crime/as-bondi-announces-crackdown-on-prescription-meds-33-arrested-in/1149356

Do You, a friend or Family Member Need Relief? Call me Toll Free 1-877-793-9290.

Oxycodone, Oxycontin, Prescription Drug Defense Attorney

HCSO Press Release on YouTube | Operation Pain Reliever began in November 2010 with detectives making purchases of prescription pills, buying drugs, tracking fake prescriptions or targeting those who “doctor shopped.” The suspects range in age from 20 to 73 years old.

Hillsborough County Sheriff’s Office detectives concluded a 3-month investigation into the illegal pain pill market in the county. Detectives with the Sheriff’s Special Operations Division expect to arrest more than 85 people on charges ranging trafficking in controlled substances to doctor shopping during
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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Facing Fentanyl Charges in Hillsborough County, FL (2025)?

Facing Fentanyl charges in Hillsborough County demands immediate legal action from a skilled Florida drug defense attorney. Whether accused of Fentanyl possession or the much more severe charge of Fentanyl trafficking, the potential consequences under Florida law are devastating. Mandatory minimum sentences tied to specific weights mean even small amounts can trigger years in prison, making experienced legal counsel essential. The synthetic opioid nature of Fentanyl contributes to its danger and the state’s aggressive prosecution.

Introduction: The Alarming Rise of Fentanyl Charges in Hillsborough County

If you or a loved one has been arrested for a Fentanyl-related offense in Hillsborough County, Florida, you are facing one of the most serious legal challenges imaginable. In 2025, Florida law enforcement and prosecutors are aggressively targeting the possession, distribution, and trafficking of Fentanyl due to its extreme potency and devastating impact on communities. A conviction carries severe penalties, including lengthy mandatory minimum prison sentences, substantial fines, and a permanent criminal record that can shatter your future.

Get Aggressive Defense Now! | W.F. “Casey” Ebsary Jr.

The stakes are incredibly high. You need immediate, experienced, and aggressive legal representation from an attorney who understands Florida’s complex drug laws and the specific landscape of the Hillsborough County criminal justice system.

My name is W.F. “Casey” Ebsary Jr., and I am a criminal defense attorney dedicated to protecting the rights of individuals facing serious drug charges right here in Tampa and throughout Hillsborough County. We understand the fear and uncertainty that accompany a Fentanyl arrest. We are here to provide the powerful defense you need. Don’t face the power of the state alone. Call me immediately at 813-222-2220 for a confidential consultation.

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/).

What is Fentanyl and Why is it So Dangerous?

Fentanyl is a synthetic opioid approved for treating severe pain, typically advanced cancer pain. However, its illicit manufacturing and distribution have caused a public health crisis. According to the U.S. Drug Enforcement Administration (DEA), Fentanyl is 50 to 100 times more potent than morphine and significantly stronger than heroin. Source: DEA – Fentanyl Facts

This extreme potency means even microscopic amounts can be lethal. Many individuals arrested for Fentanyl possession or trafficking may not even realize the substance they have contains Fentanyl, as it’s often mixed with other drugs like heroin, cocaine, methamphetamine, or pressed into counterfeit pills mimicking prescription opioids or benzodiazepines. This significantly increases the risk of accidental overdose and death. Source: CDC – Fentanyl Facts

Because of this danger, Florida lawmakers have enacted some of the toughest Fentanyl laws in the nation, focusing on harsh penalties even for relatively small amounts, particularly under trafficking statutes.

Fentanyl Laws in Florida (2025) – Possession vs. Trafficking

Florida Statutes Chapter 893 governs drug abuse prevention and control. Understanding the specific charges you face is critical. In Hillsborough County, Fentanyl cases typically fall into two main categories: Possession and Trafficking.

1. Possession of Fentanyl (Florida Statute § 893.13):
   • It is illegal for any person to be in actual or constructive possession of a controlled substance, including Fentanyl, unless obtained legally via a valid prescription.
   • Actual Possession: The drug is found directly on your person (e.g., in your pocket, hand).
   • Constructive Possession: The drug is found in a place over which you have control (e.g., your car, your room), and you knew it was there and knew it was illicit. Constructive possession cases often involve multiple people and require the prosecution to prove your specific knowledge and control, which can be a key area for defense.
   • Simple possession of any amount of Fentanyl (without intent to sell or traffic) is typically charged as a third-degree felony.
2. Trafficking in Fentanyl (Florida Statute § 893.135(1)(c)):
   • This is where Florida law becomes exceptionally severe. Trafficking charges are not based on proving an intent to sell or distribute; they are triggered solely by the weight of the mixture containing Fentanyl.
   • The thresholds are alarmingly low, and the penalties include significant mandatory minimum prison sentences, meaning a judge has little to no discretion to sentence below these minimums unless specific legal exceptions apply (like providing substantial assistance or qualifying for a drug court program, which is often difficult in trafficking cases).
   • These are first-degree felonies.

Understanding Mandatory Minimum Sentences

Mandatory Minimum

Sentences Fentanyl

Mandatory minimum sentences are a cornerstone of Florida’s aggressive stance against Fentanyl trafficking. It’s crucial to understand what they mean:

• No Judicial Discretion (Generally): If convicted of trafficking based on weight, the judge must impose at least the minimum prison sentence prescribed by law.
• No Gain Time: Often, mandatory minimum sentences must be served day-for-day, without the possibility of early release through “gain time” that might apply to other sentences.
• Harsh Reality: Even for first-time offenders, a conviction for trafficking a relatively small amount of Fentanyl mixture can lead to years or even decades in state prison.

Florida Fentanyl Penalties Table (2025 – Based on Florida Statute § 893.13 & § 893.135)

(Note: This table is for informational purposes. Penalties can be enhanced based on prior record, location of offense (near school/park), use of a firearm, etc. Always consult with an attorney for specifics related to your case.) [Source: Florida Legislature Statutes]

The Hillsborough County Context: Aggressive Enforcement

Hillsborough County, encompassing Tampa, Brandon, Plant City, and surrounding areas, is not immune to the Fentanyl crisis. The Hillsborough County Sheriff’s Office (HCSO) and the Tampa Police Department (TPD) work aggressively, often in conjunction with state and federal agencies like the Florida Department of Law Enforcement (FDLE) and the DEA, to investigate and arrest individuals involved with Fentanyl.

The State Attorney’s Office for the 13th Judicial Circuit (Hillsborough County) takes these cases extremely seriously. Prosecutors are often instructed to seek stiff penalties, including mandatory minimum sentences, particularly in trafficking cases. They have significant resources and are experienced in building cases involving confidential informants, undercover operations, surveillance, and complex forensic evidence.

Facing these combined forces without skilled legal counsel is a perilous mistake. You need an attorney who regularly practices in Hillsborough County courts, knows the prosecutors and judges, and understands the specific procedures and tendencies within this jurisdiction.

Your Rights Matter: What to Do If Arrested for Fentanyl

If you are stopped, questioned, or arrested for a Fentanyl offense in Hillsborough County, remember these critical points:

1. Exercise Your Right to Remain Silent: You are not required to answer questions, explain yourself, or make any statements to law enforcement. Politely state, “I am exercising my right to remain silent, and I want to speak with my attorney.” Anything you say can and will be used against you. Don’t try to talk your way out of it; you will likely only make things worse.
2. Demand an Attorney Immediately: Clearly state that you want a lawyer. Once you invoke this right, police questioning related to the crime should cease until your attorney is present.
3. Do Not Consent to Searches: Police generally need a warrant, probable cause, or your consent to search you, your vehicle, or your home. Do not give consent. If police claim they have the right to search anyway, do not physically resist, but clearly state, “I do not consent to this search.” This preserves your ability to challenge the legality of the search later.
4. Be Polite but Firm: Do not argue, resist arrest, or be combative. Comply with lawful commands (like providing identification), but do not volunteer information or consent to searches.
5. Contact Casey Ebsary Immediately: The sooner you have an experienced attorney involved, the better. Call 813-222-2220. We can intervene early, potentially speak with investigators, represent you at first appearance and bond hearings, and begin building your defense strategy.

Potential Defenses Against Fentanyl Charges

An arrest does not automatically mean a conviction. There are numerous potential defenses to Fentanyl possession and trafficking charges. An experienced attorney like Casey Ebsary will thoroughly investigate the facts of your case to identify weaknesses in the prosecution’s evidence and potential violations of your rights. Common defense strategies include:

• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by searching you, your car, or your property without a valid warrant, probable cause, or another legal exception, the evidence obtained (the Fentanyl) may be suppressed, potentially leading to dismissal of the charges.
• Lack of Knowledge: The prosecution must prove you knew the substance was present and knew it was illegal. If Fentanyl was found in a shared space (like a car with multiple occupants or a common area of a home) and you were unaware of its presence, this can be a defense.
• Constructive Possession Issues: In cases where you weren’t in actual possession, the state must prove both knowledge of the drug’s presence and dominion and control over it. We can challenge whether the state can meet this burden.
• Problems with the Substance: Was the substance properly tested? Was the chain of custody maintained? Were the lab procedures valid? Mistakes in handling or testing evidence can create reasonable doubt.
• Entrapment: If law enforcement induced you to commit a crime you otherwise wouldn’t have committed, entrapment may be a defense. This is complex and requires specific circumstances.
• Valid Prescription: While rare for illicit Fentanyl, if you had a legitimate prescription, this is an absolute defense to simple possession.
• Substantial Assistance: In some trafficking cases, providing significant information to law enforcement about other criminal activity might lead prosecutors to request a waiver or reduction of the mandatory minimum sentence. This is a risky path that should only be considered after careful consultation with your attorney.
• Challenging the Weight: Since trafficking charges hinge on weight, accurately determining the weight of the mixture containing Fentanyl (not just the pure Fentanyl) is crucial. Defense investigation may challenge the state’s weight measurements.

Helpful Table: Potential Defense Angles

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

When your freedom and future are on the line, you cannot afford to settle for inexperienced or overworked representation. You need a dedicated advocate who will fight tirelessly for you. Here’s why clients choose Casey Ebsary:

1. Extensive Experience: I have years of experience defending clients against serious drug charges. I defend Complex Fentanyl possession and trafficking cases, in Hillsborough County and throughout Florida.
2. Local Knowledge: Practicing regularly in the 13th Judicial Circuit means I understand the local court system, the judges, the prosecutors, and the specific approaches taken in Hillsborough County drug cases. This local insight is invaluable.
3. Aggressive Defense Strategy: We don’t just wait for the prosecution to act. We proactively investigate your case, scrutinize the evidence, file motions to suppress illegally obtained evidence, and prepare meticulously for negotiation or trial.
4. Client-Focused Approach: We know this is a stressful and terrifying time. We provide personalized attention, keep you informed every step of the way, and are always available to answer your questions and address your concerns. Your case is our priority.
5. Proven Track Record: While no attorney can guarantee results, we have a history of achieving favorable outcomes for clients facing serious drug charges, including dismissals, reduced charges, avoidance of mandatory minimums, and acquittals at trial.
6. Understanding the Science: Fentanyl cases often involve complex forensic evidence. We work with experts when necessary to challenge lab reports, weight measurements, and other scientific aspects of the prosecution’s case.

How Casey Ebsary Can Fight Your Fentanyl Charges:

• Immediate Intervention: Getting involved early allows us to protect your rights from the outset, potentially influence charging decisions, and argue for reasonable bond conditions.
• Thorough Investigation: We don’t just rely on the police reports. We conduct our own investigation, interview witnesses, and gather evidence that may support your defense.
• Challenging Illegal Police Conduct: We meticulously review the circumstances of your arrest, search, and questioning to identify any constitutional violations that could lead to evidence suppression.
• Negotiating with Prosecutors: Leveraging our knowledge of the law, the facts of your case, and the local system, we negotiate forcefully with the State Attorney’s Office seeking dismissal, reduced charges, or alternatives to incarceration.
• Fighting Mandatory Minimums: We explore every legal avenue to challenge the applicability of mandatory minimum sentences or seek grounds for departure, including statutory exceptions or substantial assistance agreements (when appropriate and in your best interest).
• Trial Readiness: If a fair resolution cannot be reached through negotiation, we are experienced trial lawyers ready to vigorously defend you before a judge and jury.

Drug2Go.com

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

Navigating Serious Fentanyl Charges in Hillsborough County, Florida

Understanding the difference between actual and constructive possession is key, as are the specific weight thresholds for trafficking charges (4g, 14g, 28g). An effective defense attorney serving Hillsborough County will scrutinize every aspect of your case, from the initial stop and search to the forensic testing of the alleged Fentanyl. Potential defenses against drug charges include challenging illegal searches, questioning evidence handling, and disputing the prosecution’s ability to prove knowledge or control.

Don’t delay; the penalties for Fentanyl convictions are too high. Contacting a lawyer familiar with Hillsborough County courts and Florida statutes regarding Fentanyl is the most crucial step in protecting your rights and future when facing these serious drug crimes. Your choice of defense attorney can significantly impact the outcome of your Fentanyl case.

Frequently Asked Questions (Q&A) About Fentanyl Charges in Hillsborough County

What’s the difference between Fentanyl possession and trafficking in Florida?

Possession generally refers to having a small amount for personal use (a third-degree felony). Trafficking is based purely on the weight of the substance (or mixture containing it) – 4 grams or more – and carries mandatory minimum prison sentences, charged as a first-degree felony. Intent to sell isn’t required for a trafficking charge based on weight.

I didn’t know the drugs contained Fentanyl. Is that a defense?

Potentially, but it’s complex. Lack of knowledge can be a defense, but the prosecution may argue you knew you possessed an illicit substance, even if you didn’t know its exact composition. An attorney needs to evaluate the specific facts to see if this defense applies.

What does “mandatory minimum” really mean for Fentanyl trafficking?

It means if you are convicted of trafficking based on the weight thresholds (4g, 14g, or 28g+), the judge must sentence you to at least the minimum prison term specified by law (3, 15, or 25 years, respectively), often without the possibility of early release or gain time.

Can Fentanyl trafficking charges be reduced?

Possibly. An experienced attorney can negotiate with prosecutors, potentially highlighting weaknesses in the case, constitutional issues, or mitigating factors. Reduction might involve pleading to a lesser offense (like possession with intent) or, in rare cases, qualifying for a departure from the mandatory minimum through substantial assistance or specific statutory exceptions.

What if the Fentanyl wasn’t mine, but it was found in my car/house?

This relates to “constructive possession.” The prosecution must prove you knew the Fentanyl was there AND had dominion and control over it. If others had access, or if it was hidden without your knowledge, this can be a strong defense. We would fight to show the state cannot meet its burden of proof.

Should I talk to the police or detectives investigating my Fentanyl case?

Absolutely not without your attorney present. Police are trained to gather incriminating evidence. Anything you say can be twisted and used against you. Politely invoke your right to remain silent and your right to counsel. Call Casey Ebsary at 813-222-2220 immediately.

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

Legal fees vary depending on the complexity of the case (possession vs. trafficking, need for experts, potential for trial). We offer a confidential initial consultation to discuss your case and our fee structure, which often involves a flat fee for different stages of representation. Investing in a skilled private attorney is crucial given the severe potential penalties.

Can I get drug court for a Fentanyl charge in Hillsborough County?

Eligibility for drug court is often limited, especially for trafficking offenses or if you have a significant prior record. Simple possession cases may have a better chance. We can explore all diversionary programs and alternatives to incarceration for which you might qualify.

What happens at the first appearance/arraignment for a Fentanyl charge?

At the first appearance (usually within 24 hours of arrest), the judge determines probable cause and sets bond. At the arraignment, the formal charges are read, and you enter a plea (typically “not guilty” at this stage). Having an attorney present at these early stages is vital.

Why is hiring a local Hillsborough County attorney like Casey Ebsary important?

Local attorneys understand the specific procedures, personnel (judges, prosecutors, court staff), and unwritten rules of the Hillsborough County courthouse. This familiarity can be a significant advantage in navigating your case effectively, negotiating plea deals, and presenting your case at trial.

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Take Action Now: Your Future Depends On It

A Fentanyl charge in Hillsborough County is not something to take lightly or delay addressing. The consequences of a conviction are life-altering. You need to act decisively to protect yourself.

Contact Casey the Lawyer Today for Immediate Help

Don’t wait for the prosecution to build its case against you. Reach out to W.F. “Casey” Ebsary Jr. now. You can find detailed contact information, including an online form and office location, on our dedicated contact page: https://drug2go.com/contact-casey-the-lawyer/. Visiting this page is the first step towards getting the dedicated legal support you need. We offer confidential consultations to discuss the specifics of your situation, explain your rights, and outline how we can build a strong defense strategy tailored to your unique circumstances. Every moment counts when facing serious charges like Fentanyl possession or trafficking.

Call to Action: Protect Your Freedom – Call 813-222-2220

Your freedom, your reputation, and your future are on the line. Don’t gamble with inexperienced representation or try to navigate the complex legal system alone.

Call W.F. “Casey” Ebsary Jr. right now at 813-222-2220.

We are available 24/7 to take your call. Schedule your confidential, no-obligation consultation today. Let us put our experience and knowledge of the Hillsborough County courts to work fighting for you.