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.
How Sarasota County Courts Process Drug Possession Cases
Felony drug possession cases in Sarasota are handled by the Twelfth Judicial Circuit Court, with proceedings held at the Judge Lynn N. Silvertooth Judicial Center. Misdemeanor possession cases are processed through Sarasota County Court, with case assignment depending in part on where the alleged offense occurred.
A typical case moves from arrest through first appearance, arraignment, pretrial hearings, and, if not resolved earlier, trial. Each stage carries strategic significance. Early representation allows us to evaluate bond conditions, submit discovery requests, and begin investigating the arrest before key deadlines pass. Our familiarity with local Sarasota County court procedures and our working relationships with local prosecutors directly inform both our negotiation strategy and how we prepare cases for trial.
Discuss Your Case With Our Defense Team
No two drug possession arrests are identical. The substance involved, the circumstances of the stop or search, and your prior record all shape what defenses apply and what outcomes are realistic. We can’t assess your situation until we hear the facts, and that conversation costs you nothing.
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 Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
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.