What Every Defendant Should Know Before Entering a Plea

As a Florida Drug Crime Defense Lawyer, one of the most common and pressing questions I hear from first-time defendants is simple: "Am I going to jail for this?" If you've been arrested with no prior criminal history, the answer depends on several key factors — the type of substance involved, the quantity, your behavior during the arrest, and the skill of the lawyer you choose to represent you.

Florida's Drug Possession Laws: What the Statute Says

Florida Statute § 893.13 governs the possession of controlled substances. Under this law, it is illegal to possess, manufacture, or deliver any controlled substance unless you have a valid prescription or license.

Possession of a controlled substance like cocaine, heroin, fentanyl, MDMA, methamphetamine, or prescription pills without a valid prescription is typically charged as a third-degree felony, punishable by:

  • Up to 5 years in prison
  • Up to 5 years of probation
  • A $5,000 fine
  • Two-year driver's license suspension

Possession of less than 20 grams of marijuana (not medical-use) is a first-degree misdemeanor, with up to 1 year in jail, 1 year probation, and a $1,000 fine.

Even without prior convictions, Florida law allows prosecutors to pursue jail or prison time for a first offense. However, with the right strategy and representation, jail can often be avoided.

The Difference Between Constructive and Actual Possession

Many first-time drug arrests involve "constructive possession." This means the drugs were not found on your person but rather in a shared space, like a glove box, under a passenger seat, or in a hotel room. Prosecutors must prove:

  • You knew the drugs were present
  • You had control over the drugs or the place they were found

I regularly challenge constructive possession cases, especially when the state lacks fingerprints, surveillance footage, or confessions. Many of these cases end with dismissals or reduced charges — especially when I'm brought in early.

Real Case Example: No Conviction for First-Time Cocaine Possession

I represented a 28-year-old man arrested in Tampa after police conducted a traffic stop and found cocaine in a shared center console. My client had no prior record. He was cooperative but scared. Police charged him with felony possession.

I filed a motion to suppress based on unlawful search. The judge ruled the stop unconstitutional due to a lack of probable cause, and the evidence was excluded. The State dropped the case entirely.

Had he tried to handle it without an experienced first-time drug offense attorney in Florida, he may have pleaded guilty, risking a felony conviction and long-term consequences.

Do First-Time Offenders Always Go to Jail?

No, but jail remains a risk. The judge has discretion, and the prosecutor may push for incarceration even on a first offense, especially if:

  • You were caught near a school or park
  • You had multiple types of drugs
  • You resisted or fled from law enforcement
  • You have past drug-related arrests, even if not convictions

That said, Florida courts often allow pretrial diversion for first-time drug cases. If you complete drug education or rehab and stay out of trouble, your charges may be dropped. Other options include:

  • Withhold of adjudication (no formal conviction entered)
  • Drug Court (alternative sentencing for addiction-related cases)
  • Plea to misdemeanor possession even if charged with a felony

These outcomes are rarely offered without pressure from a private Florida Drug Crime Defense Lawyer who knows the local court, judge, and prosecutor.

Can I Seal or Expunge My Record?

If your case is dismissed, or you receive a withhold of adjudication on a qualifying offense, you may be able to expunge or seal your record. This process removes public access to your arrest record, which is vital for employment, licensing, and housing.

But not all cases are eligible. For example, if you are adjudicated guilty, your record cannot be sealed or expunged. This is another reason why hiring a private attorney early can make a significant difference.

What if I'm Accused of Intent to Sell?

Possession of certain quantities, especially of pills or cocaine, may lead police to assume intent to sell, even if you had no such plan. They may base this on:

  • Packaging materials
  • Cash in small denominations
  • Scales or baggies
  • Text messages

These enhancements raise the stakes. A charge of possession with intent can turn a third-degree felony into a second-degree felony, which is punishable by up to 15 years in prison.

I challenge these assumptions regularly. Having a private first-time drug offense attorney in Florida means these allegations are properly confronted, and that we argue what the evidence really supports.

Understanding Florida's Controlled Substance Schedules

Florida divides controlled substances into five categories (Schedules I through V) based on potential for abuse and medical use.

  • Schedule I (heroin, MDMA, LSD): No medical use, high abuse risk
  • Schedule II (cocaine, meth, Oxycodone): High abuse risk, limited medical use
  • Schedule III-V (Ketamine, Xanax, etc.): Lower abuse potential

Possession of Schedule I or II drugs carries more severe penalties. I always examine the lab results and chain of custody documentation in these cases and I've had many results suppressed or thrown out for improper testing.

Why You Should Avoid a Public Defender If You Can

Public defenders are often competent, but overwhelmed. They juggle hundreds of cases and can't always dedicate the time your future deserves. I've seen cases where first-time defendants were encouraged to plead guilty without fully exploring dismissal options or defenses.

As a private Florida Drug Crime Defense Lawyer, I take the time to gather evidence, challenge searches, and negotiate directly with prosecutors. I've kept hundreds of clients out of jail, preserved their clean record, and helped them avoid a lifetime of consequences from a first mistake.

Florida Drug Crime Defense Frequently Asked Questions

Can I go to jail for possession of a single pill without a prescription in Florida?

Yes. Even one pill of a controlled substance like Xanax, Oxycodone, or Adderall without a prescription is a felony. Under §893.13, possession of a controlled substance without legal authorization can be punished by up to five years in prison. First-time drug offense attorney Florida strategies often focus on dismissal, reduction to misdemeanor, or diversion.

Is marijuana possession still a crime in Florida?

Yes, unless it's medical marijuana possessed legally with a valid card. Possession of under 20 grams of recreational marijuana is a misdemeanor. Over 20 grams becomes a felony. Many jurisdictions now offer diversion, but having a Florida Drug Crime Defense Lawyer on your side is key to securing the best resolution.

What is pretrial diversion and do I qualify?

Pretrial diversion is a program that allows first-time drug offenders to complete classes, counseling, and drug testing. If you successfully finish the program, the charge is dismissed. Qualification depends on the county, the substance, and your record. We advocate hard for diversion eligibility at the earliest opportunity.

How can a lawyer get my first drug charge dismissed?

Several defenses can apply. I may challenge the legality of the stop, the search, or the arrest. If police violated your Fourth Amendment rights, I file a motion to suppress. If the lab didn't test the substance correctly or the chain of custody is broken, I challenge the evidence. A first-time drug offense attorney Florida can often negotiate a reduction or dismissal when these flaws are present.

Will a felony drug charge affect my future if I don't go to jail?

Yes. A felony conviction stays on your record forever and can affect jobs, housing, loans, custody rights, and your right to own a firearm. That's why I push aggressively for outcomes like diversion, withholding adjudication, or charge reduction. I work to protect your future, not just avoid jail.

How long will a Florida drug case take to resolve?

Most misdemeanor first-time drug cases resolve in a few months. Felonies may take longer depending on the court schedule, discovery, and whether motions are filed. Hiring a private Florida Drug Crime Defense Lawyer often results in faster and more favorable outcomes.

Can I seal my record if I get a withhold of adjudication?

Yes, if the charge qualifies and you've never been adjudicated guilty of anything before. I walk every eligible client through the sealing or expungement process as part of closing out their case. Cleaning your record is a major step in protecting your reputation.

Call a Florida Drug Crime Defense Lawyer Today

Protect Your Future With an Attorney Who Fights for First-Time Offenders

If you're facing your first Florida drug charge, this moment can shape your future. A criminal conviction, even without jail time, can have lasting consequences. You don't have to go through it alone. At Musca Law, we work to protect your rights, fight for dismissals or reductions, and help you move forward with your life.

We have helped countless clients avoid jail, avoid a felony record, and reclaim control over their future. We're available 24 hours a day, 7 days a week to start building your defense.

Musca Law, P.A. has 35 office locations throughout all of Florida, serving every county, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Call now for a free consultation at 1-888-484-5057.