Sarasota & Manatee Drug Crimes Lawyer

The Dunn Law Firm, P.A.

Defense for possession, sale and trafficking allegations

Florida drug cases can turn on possession, knowledge, intent, weight, laboratory testing and the legality of the search. Attorney Adam Dunn defends drug charges in Sarasota, Manatee and DeSoto counties, from misdemeanor allegations to felony possession and trafficking cases.

Florida drug charges are not all the same

Possession: actual, constructive and joint

Actual possession generally means the substance is on the person or in the person’s hand or immediate control. Constructive possession can be alleged when the substance is elsewhere, but the State must address knowledge and dominion or control. In a jointly occupied place, those questions can become central. Fingerprints, DNA, body-camera footage, keys, ownership, location, statements and other occupants may matter.

Trafficking charges can begin at unexpected weights

Section 893.135 uses substance-specific thresholds and often counts the weight of a mixture, not only the pure controlled substance. For example, the current statute begins cocaine trafficking at 28 grams and dangerous-fentanyl trafficking at 4 grams of the listed substance or qualifying mixture. The precise substance, lab result, total mixture, charging subsection and alleged knowledge must be reviewed before stating the actual exposure.

Trafficking allegations can carry first-degree felony treatment, mandatory minimum imprisonment and large mandatory fines. The numbers change by substance and weight tier, so a generic online penalty chart is not a substitute for reading the current statute and charging document.

Driver-license consequences changed from the older rule

Florida Statute 322.055 currently provides that, for an adult convicted of specified controlled-substance offenses, the court directs a driver-license suspension for six months or until the person is evaluated and completes treatment if the evaluating agency finds treatment necessary. The older version of this page referred to a two-year suspension; that is no longer the correct general rule.

Florida’s fentanyl test-strip law

Florida amended the drug-paraphernalia definition effective July 1, 2023. Section 893.145 now excludes qualifying narcotic-drug-testing products used solely to determine whether a substance contains fentanyl or specified related compounds. The exclusion does not cover a product that measures quantity, weight or potency. Possession of a test strip does not immunize separate possession or trafficking allegations, but the strip itself should not automatically be treated as paraphernalia when the statutory exclusion applies.

Defense issues that may matter

• Whether police had a lawful warrant, valid consent or a recognized exception to the warrant requirement.
• The basis and duration of a traffic stop or detention.
• Whether statements were voluntary and lawfully obtained.
• Actual versus constructive possession in a shared vehicle, residence or room.
• Identity, confidential-source credibility and controlled-buy procedures.
• Laboratory identification, weight, mixture, uncertainty and chain of custody.
• Whether the facts support personal possession, intent, sale or trafficking.
• Valid prescription, authorization and the precise schedule of the alleged substance.
• Entrapment, material omissions in a warrant application or destruction of useful evidence when supported by the facts.

Sarasota and Manatee court process

Drug misdemeanors are generally handled in county court; felony possession, sale and trafficking cases proceed in circuit court. A case may involve first appearance, arraignment, discovery, depositions when permitted, suppression motions, evidentiary hearings, negotiations and trial. A person must follow every release condition and confirm court dates through the correct clerk.

• Twelfth Judicial Circuit Criminal Division
• Sarasota County Clerk — Criminal Court
• Manatee County Clerk — Court Records
• Florida Statute 893.13 — prohibited acts and penalties
• Florida Statute 893.135 — trafficking

Frequently asked drug-charge questions

Can I be convicted if the drugs were not in my pocket?

A constructive-possession charge is possible, but location alone does not answer every element. The State must prove the legally required knowledge and control under the facts of the case.

Does “trafficking” require proof that I sold drugs?

Not necessarily. Florida law can label knowing possession of a threshold quantity as trafficking even without a completed sale. The statutory substance and weight rules are critical.

Can police search a car because they smell cannabis?

The answer can depend on the full circumstances, developing Florida law, the officer’s observations and other claimed grounds for the search. A lawyer should review the stop, body-camera footage and reports instead of relying on a single fact.

Are fentanyl test strips legal in Florida?

Qualifying products used solely to determine whether a substance contains fentanyl or specified related compounds are excluded from the statutory paraphernalia definition. Products that measure quantity, weight or potency are not covered by that exclusion.

Will a Florida drug conviction suspend my license?

For adults convicted of specified drug offenses, section 322.055 directs a six-month suspension or a suspension lasting until evaluation and any required treatment are completed. Individual eligibility and reinstatement issues require review.

Can a drug charge be dismissed?

Charges may be dismissed or reduced in some cases because of evidence, search-and-seizure issues, proof problems or negotiated resolution. No lawyer can responsibly promise that outcome without reviewing the case.

This page provides general information, not legal advice. It does not create an attorney-client relationship. Statutes and facts can change the result in an individual case.