POSSESSION OF CONTROLLED SUBSTANCE WITHOUT PRESCRIPTION (F.S. § 893.13(6)(a)) (2 COUNTS)
BOTH FELONY COUNTS REDUCED TO MISDEMEANOR MARIJUANA POSSESSION
Escambia County, FL
April 14, 2026
Client was charged in Escambia County with two separate counts of Possession of a Controlled Substance Without a Prescription (F.S. § 893.13(6)(a)), each a third-degree felony carrying up to 5 years in Florida State Prison and a $5,000 fine. Two felony drug counts on the same client created compounded exposure: prosecutors typically treat repeat or successive felony drug filings more aggressively, plea offers tend to escalate when the State perceives a pattern, and the cumulative impact of even concurrent felony sentences is far more damaging at sentencing, on the client's record, and on future eligibility for diversion. A conviction on either count would have created a permanent felony drug record with cascading collateral consequences — loss of voting rights, loss of firearms rights, ineligibility for federal financial aid, professional licensing barriers, and a record that cannot be sealed or expunged. The client had been [REDACTED] at the time of arrest, and the State's evidence in each case included [REDACTED] law enforcement body camera footage and commercial surveillance recordings.
The defense team treated both cases as a coordinated representation rather than two separate matters, recognizing that any plea on one case would significantly weaken the negotiating posture on the other. We obtained and reviewed all discovery, including the law enforcement narrative, body-worn camera footage, surveillance recordings, and the chain of custody documentation for the alleged controlled substances. We identified evidentiary and procedural issues with each prosecution, and through sustained negotiation with the State Attorney's Office, we secured a global resolution: both felony Possession of a Controlled Substance counts were reduced to lesser-included First-Degree Misdemeanor Marijuana Possession charges, resolved by adjudication on the reduced misdemeanor counts with 12 months of probation on each case running concurrently. The client avoided two felony drug convictions, avoided state prison exposure, avoided the permanent collateral consequences of a felony drug record, and preserved voting and firearms rights — all while limiting probation exposure to a single 12-month concurrent term. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.