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

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

Drug Crimes Lawyer Tampa

“Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer”

Criminal Defense Lawyer

Casey Ebsary is a Board Certified Trial Lawyer with diverse criminal litigation experience in drug cases.

813-222-2220

Fast, Easy, and Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer. I will personally speak to you about your charges.

Conveniently Located: Tampa, Florida

Law Office of W.F. ”Casey” Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
centrallaw@centrallaw.com

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

Tampa Criminal Attorney 813-222-2220 Tampa Criminal Defense Lawyer https://vimeo.com/78986441 “http://centrallaw.com/ Tampa Criminal Attorney Tampa Criminal Defense Lawyer 813-222-2220– Tampa Criminal Attorney narrates a one minute video on how to choose a criminal defense lawyer in Tampa, Florida . Tampa Criminal Defense Attorney, William F. “Casey” Ebsary, Jr. is a lawyer and specialist who practices in the area of criminal defense of all criminal charges in State and Federal Court. Casey is a former Assistant State Attorney and was a Criminal Prosecutor. Casey is Board Certified in Criminal Trial Law by the Florida Bar Board of Legal Specialization and Education. Less than one-half of one percent of Florida’s attorneys have qualified for this distinction. Do your homework – Review and Compare. How to select a Tampa Criminal Lawyer Tampa Criminal Defense Attorney? Call 813 222 2220. Mr. Ebsary is also AV rated by the Martindale Hubbell Directory and Lawyers.com. An AV rating is the highest rating issued by this nationally recognized Attorney rating service. An AV Rating shows that a criminal defense attorney has reached the height of professional excellence. AV Trial rated Criminal Attorneys have practiced Defense law for many years, and are recognized for the highest levels of skill and integrity. How to Select a Tampa Criminal Defense Attorney – Checklist for hiring an Attorney. Is the Attorney Board Certified? Is the Attorney Experienced? Will you receive Personal Attention? Is the Attorney a Former DUI Prosecutor? In this video a Tampa Criminal Defense Attorney discusses how to choose a criminal defense Attorney in Tampa, Florida . Tampa Criminal Defense Attorney, William F. “Casey” Ebsary, Jr. is an Attorney who practices in the area of criminal defense of all criminal charges in State and Federal Court. Casey is a former Criminal Prosecutor. Mr. Ebsary is AV rated by the Martindale Hubbell Directory and Attorneys.com. An AV rating is the highest rating issued by this nationally recognized Attorney rating service. An AV Rating shows that a criminal defense attorney has reached the height of professional excellence. AV Trial rated Criminal Attorneys have practiced Defense law for many years, and are recognized for the highest levels of skill and integrity. Board Certified Specialist W.F. ”Casey” Ebsary, Jr. , knows that hundreds of people are arrested, questioned, and indicted in both Florida State and Federal Courts every day. That’s where a Florida Bar Board Certified Specialist, comes in. Board Certified Specialist, W.F. ”Casey” Ebsary practices extensively in the Federal Court in the Middle District of Florida. Our Tampa Criminal Defense Law Office in Tampa, Florida recently redesigned our Google Places / Google Maps pages. We have added Photos and videos. You can also visit a Tampa Criminal Defense Attorney here.https://plus.google.com/101363839921148808253/about?gl=US&hl=en-USHere are more a Tampa Criminal Defense Attorney videos:http://www.youtube.com/centrallaw Transcript: [Tampa Criminal Defense Lawyet Narrates] Hundreds of people are arrested every day, you may be one of them. I spend most of my time in court fighting state and federal criminal charges. I have arrived at my destination. One of the many courthouses in Tampa Bay where I help people. Let me help you. Have you got criminal charges in State or Federal Court? Let me help. Call me at 813-222-2220. [End of Tampa Criminal Defense Attorney Narrates] Board Certified Criminal Defense Specialist W.F. ”Casey” Ebsary, Jr. , knows that hundreds of people are arrested, questioned, and indicted in both Florida State and Federal Courts every day. That’s where a Florida Bar Board Certified Specialist, comes in. Board Certified Specialist, W.F. ”Casey” Ebsary practices extensively in the Federal Court in the Middle District of Florida. Our Tampa Criminal Defense Law Office in Tampa, Florida can be reviewed on Google Places / Google Maps pages. We have added Photos and videos. You can visit here. https://plus.google.com/101363839921148808253/about?gl=US&hl=en-US What can a Tampa criminal defense Attorney do for you or a loved one? Contact the State Attorney’s Office to negotiate on pending charges and possible penalties. Providing emotional support in a challenging situation. Planning what to do after the case is closed. Discussing options including a plea bargain and reduced sentence. Reviewing Florida law and possible defenses. Plan your defenses. Present your defenses to a Jury. Other Areas of Practice DUI Drug crimes Hit and run or Leaving the Scene of an Accident Driving while license is suspended Robbery and Burglary”

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Deliver Cannabis

If you have been charged with DRUG2200 DELIVERY OF CANNABIS you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG2200


Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 3rd

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.

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Possess Heroin

If you have been charged with DRUG3101 POSSESSION OF HEROIN you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG3101


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

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.

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Possession of Paraphernalia

If you have been charged with DRUG8100 POSSESSION OF DRUG PARAPHERNALIA call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG8100

Florida Statute: 893.147
Level: Misd (Misdemeanor)
Degree: 1st

(1)USE OR POSSESSION OF DRUG PARAPHERNALIA.—It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia:

(a)To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or

(b)To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Florida Jury Instruction 25.14
DRUG ABUSE – USE OR POSSESSION OF DRUG PARAPHERNALIA § 893.147(1), Fla. Stat.

To prove the crime of Use or Possession of Drug Paraphernalia, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) used or had in [his] [her] possession with intent to use drug paraphernalia.

2. (Defendant) had knowledge of the presence of the drug paraphernalia. Definitions. 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 paraphernalia is in the hand of or on the person, b. The paraphernalia is in a container in the hand of or on the person, or c. The paraphernalia is so close as to be within ready reach and is under the control of the person. Give if applicable. Mere proximity to a paraphernalia is not sufficient to establish control over that paraphernalia when it is not in a place over which the person has control. Constructive possession means the paraphernalia 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 paraphernalia, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of paraphernalia, knowledge of its presence may not be inferred or assumed.

Drug Paraphernalia. § 893.145, Fla. Stat.

The term “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to: Give specific definition as applicable.

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances.

5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in cutting controlled substances.

7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis.

8. Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances.

9. Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

11. Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, such as: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls. b. Water pipes. c. Carburetion tubes and devices. d. Smoking and carburetion masks. e. Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand. f. Miniature cocaine spoons, and cocaine vials. g. Chamber pipes. h. Carburetor pipes. i. Electric pipes. j. Air-driven pipes. k. Chillums. l. Bongs. m. Ice pipes or chillers.

Relevant factors. § 893.146, Fla. Stat. In addition to all other logically relevant factors, the following factors shall be considered in determining whether an object is drug paraphernalia:

1. Statements by an owner or by anyone in control of the object concerning its use.

2. The proximity of the object, in time and space, to a direct violation of this act.

3. The proximity of the object to controlled substances.

4. The existence of any residue of controlled substances on the object.

5. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom [he] [she] knows, or should reasonably know, intend to use the object to facilitate a violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

6. Instructions, oral or written, provided with the object concerning its use.

7. Descriptive materials accompanying the object which explain or depict its use.

8. Any advertising concerning its use.

9. The manner in which the object is displayed for sale.

10. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

11. Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

12. The existence and scope of legitimate uses for the object in the community.

13. Expert testimony concerning its use. 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.

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Board Certified Tampa Federal Criminal Defense Attorney, W.F. ”Casey” Ebsary, reports a recent decision where The United States Supreme Court ruled: law enforcement can search passenger compartment of vehicle incident to recent occupant’s arrest. But, only if it is reasonable to believe that arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The court further found that absent these justifications, search and seizure of defendant’s vehicle will be unreasonable unless police obtain warrant or show that another exception to warrant requirement exists. A State supreme court had correctly ruled that the case had involved unreasonable search where driver was arrested for driving on suspended license, handcuffed, and locked in patrol car BEFORE officers searched his car and found cocaine in a jacket pocket.

You can download and review the Court’s opinion for free.

Source: 21 Fla. L. Weekly Fed. S781a

W.F. ”Casey” Ebsary, Jr. is available Toll Free to help with these types of allegations. 1-877-793-9290.

Federal Criminal Defense Attorney Tampa Florida on Vehicle Search Seizure

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