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Drug Possession

Drug Possession Attorney in Sarasota

A Former Sarasota Prosecutor Now Fighting for the Defense

When you’re charged with drug possession in Sarasota, the attorney you hire shapes everything that follows. At Law Offices of Eric Reisinger, PA, we bring something most defense firms can’t: Attorney Eric Reisinger spent years as a Sarasota County prosecutor, handling misdemeanor and felony drug cases from the State’s side. He knows how the State Attorney’s Office builds possession cases, what evidence it prioritizes, and where those cases are vulnerable. We’ve been applying that knowledge to criminal defense in Sarasota since 2005.

Drug charges in the Twelfth Judicial Circuit can move fast. An early defense review can shape bond conditions, flag constitutional violations, and open the door to diversion options before key deadlines pass.

We answer the phone 24 hours a day, 7 days a week, and offer free initial consultations. If you’re facing a drug possession charge, call (941) 541-5335 now to discuss your situation.

Florida Drug Possession Charges Under Statute 893.13

Florida Statute 893.13 prohibits possession of a controlled substance without a valid prescription. “Possession” under Florida law takes two forms. Actual possession means the drug was physically on you. Constructive possession means you had knowledge of the substance and control over the area where it was found, even if it wasn’t on your person. Constructive possession cases are often more defensible because the State must prove both elements.

We defend clients charged with possession of marijuana, cocaine, heroin, methamphetamine, MDMA, and prescription drugs possessed without a valid prescription. We also handle drug paraphernalia charges under Florida Statute 893.147. Controlled substances are classified into schedules ranging from Schedule I through Schedule V, and the schedule of the substance directly determines the severity of the charge. When the quantity exceeds certain statutory thresholds, the charge escalates to drug trafficking under Florida Statute 893.135, even without any evidence of a sale.

Penalties for Drug Possession in Sarasota County

The consequences of a possession conviction in Florida vary significantly based on the substance and quantity involved:

  • First-degree misdemeanor: Possession of less than 20 grams of marijuana carries up to one year in county jail and fines up to $1,000
  • Third-degree felony: Possession of most Schedule I through IV substances, including cocaine, heroin, methamphetamine, and MDMA, carries up to five years in state prison and fines up to $5,000
  • First-degree felony: Certain possession charges carry up to 30 years in prison and fines up to $10,000; trafficking thresholds trigger mandatory minimum sentences ranging from three to 25 years
  • Enhanced penalties: Offenses occurring within 1,000 feet of a school, park, community center, or publicly owned recreational facility can increase the charge level under Florida law
  • Repeat offenders: Prior convictions can significantly increase sentencing exposure under Florida’s habitual offender statutes

Consequences Beyond the Courtroom

A drug conviction follows you long after sentencing. Even a plea that avoids jail time can trigger an automatic driver’s license suspension, regardless of whether a vehicle was involved in the offense. A felony conviction can disqualify you from federal student financial aid, complicate professional licensing, and appear on every background check a future employer or landlord runs.

Certain drug convictions also affect the right to own a firearm. These collateral consequences are why we evaluate each resolution option carefully before recommending any course of action, including whether to accept a plea agreement.

How We Defend Drug Possession Cases

Our defense begins with the arrest itself. We review whether law enforcement had probable cause to conduct the search or seizure that produced the evidence. A Fourth Amendment violation can support a motion to suppress that evidence, and if that motion is granted, the prosecution frequently can’t proceed without it.

For constructive possession charges, we examine whether the State can actually establish both that you knew the substance was present and that you had meaningful control over it. Proximity alone doesn’t establish possession. Additional defense work we conduct on cases includes:

  • Confidential informant review: When an undercover buy is involved, we investigate the credibility history of any informant used
  • Substance verification: We confirm whether the seized material was properly identified and tested, and whether a valid prescription covers any charged prescription drug
  • Identification review: We examine whether the correct person was arrested and whether proper procedures were followed
  • Diversion and drug court evaluation: We determine whether Sarasota County’s pretrial intervention program or drug court, operated through the Twelfth Judicial Circuit, is an appropriate path for your circumstances. Successful completion of diversion can result in charges being administratively dismissed for eligible first-time offenders.

Why Sarasota Defendants Choose Law Offices of Eric Reisinger, PA

Trial Experience & Track Record

Attorney Reisinger’s years as a Sarasota County prosecutor give our firm a direct, practical understanding of how drug cases are built and where they can be challenged. That background informs how we negotiate with prosecutors and how we prepare for trial. We represent clients from arraignment through discovery and, if necessary, through verdict.

Our trial record reflects the depth of that experience. We’ve obtained not guilty verdicts on life felony charges, including a second-degree murder case in 2016 and an armed robbery case in 2017. Attorney Reisinger was also the first attorney in Sarasota County to successfully argue a motion for immunity under Florida’s Stand Your Ground law, resulting in dismissal of a murder charge. That kind of felony trial depth matters when the State is pressing a serious possession or trafficking charge.

Credentials & Personalized Representation

We maintain active membership in the Florida Bar and the Florida Association of Criminal Defense Lawyers, staying current on legislative changes as Florida criminal law evolves. Clients receive individualized attention. The facts of each arrest differ, and so do the available defenses, which is why we don’t apply a generic approach to any case.

Talk to a Drug Possession Lawyer in Sarasota Today

The decisions made in the early stages of a drug possession case can significantly affect the outcome. Our free consultations give you a direct conversation about the facts of your situation, the charges you’re facing, and the options available to you.

Call (941) 541-5335 to speak with a drug possession attorney at Law Offices of Eric Reisinger, PA today. We answer the phone around the clock, and you can also reach us through our online contact form.

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  • “I am very pleased with how quickly the issue was taken care of.”
    “My experience with the Law Office of Eric Reisinger was fantastic!”
    Talia
  • “He did everything he said and more! I am extremely grateful Eric!”
    “If you need legal counsel STOP looking and call Eric Reisinger.”
    William
  • “Both he and his office deliver results!!”
    “My case took a great deal of time and work and nothing was too much. He does a wonderful job - thank you!!!”
    Louise
  • “Eric made it possible for me to move forward with my goals and future.”
    “He was able to get the best possible outcome with my case while charging less than half the price of other lawyers in the area.”
    Allyson

Our Settlements & Verdicts

Recent Case Victories

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Not Guilty Verdict 2016 CF 004875 NC – Life Felony Second Degree Murder
  • Not Guilty Verdict 2017 CF 000169 – Life Felony Armed Robbery
  • Successful Resolution 2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
  • Not Guilty Verdict 2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
  • Case Dismissed 2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
  • Case Dismissed 2018 CF 002675 AX–Felony Battery on a Person 65 or Older
Eric  Reisinger Photo
Founding Attorney Eric Reisinger
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.

Contact Law Offices of Eric Reisinger, PA Today!

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