After an arrest for a drug offense, it is important to speak with an attorney experienced in fighting drug crimes in Miami-Dade County, FL. Your entire case could be won or lost depending on whether a viable motion to suppress the drug evidence is filed and litigated in your case. Additionally, a motion to dismiss can be filed in your case if the prosecution does not have sufficient evidence to prove that you actually or constructively possessed the controlled substance.
At least in Miami-Dade County, many of the lower-level drug cases meet the criteria for Drug Court and are assigned to a separate decision. The decision to go this route is important in an in-depth analysis of both your case and your life is crucial to making the correct decision. Do not take this lightly. You also have the option of removing your case from drug court so that it can be resolved in a regular trial division. Before you make a decision, contact us to understand the pros and cons of each course of action.
Legislative Updates in 2016: Call us to learn more about Chapter 2016-105 for Narcotics Laws in Florida. This new legislation on drug laws in Florida amends various portions of Chapter 893. The new legislation adds definitions, adds substances to the different schedules, and amends penalty provisions.
If you have been arrested for a drug crime in the Miami-Dade area, including Broward County, Palm Beach County, or Monroe County, then contact the Criminal Defense Center, P.A. at 305-567-1011. By focusing on criminal defense and serious drug crimes, we pay particular attention to recent changes in the law and unique arguments that apply to these types of cases.
Types of Drug Crimes in Florida
We represent individuals charged with a wide variety of drug charges, including:
- Marijuana Crimes
- Trafficking Cannabis
- Cultivation of Marijuana
- Marijuana Grow House Operations
- Possession of Drug Paraphernalia
- Possession with Intent to Sale or Distribute
- Drug Trafficking
- Possession or Trafficking in Prescription Drugs
- Driving While Impaired by Drugs (DUI)
- Manufacturing Methamphetamine or Meth Lab Operations
- Possession of a “New Drug” with Intent to Sell
- Conspiracy to Manufacture
- Transporting Drugs
- Trafficking in Cocaine
- Trafficking in Illegal Drugs 28 to 30 grams
- Sale or Delivery
Statutory Elements of a Drug Possession Charge
The illegal nature of the controlled substance: The prosecutor must present evidence that the seized material is a controlled substance as defined by Florida law. This element generally requires scientific analysis by a crime lab.
The defendant’s knowledge of the drug: The prosecutor must show that the defendant actually knew or should have known about the illicit nature of the controlled substance and its presence.
The defendant’s control of the drug: The prosecutor must prove that the defendant had control over the location and presence of the controlled substance. A prosecutor likely has a more straightforward case if the defendant had the drugs on the defendant’s body or in a container held by the defendant.
Drug Possession Charges
First Degree Misdemeanor Possession
Up to 20 g marijuana (except for legally possessed medical marijuana)
Misdemeanor offender with at least 4 priors is subject to enhanced penalties
Third Degree Felony Possession
More than 20 g marijuana (except for legally possessed medical marijuana); up to 28 g cocaine; up to 10 g MDMA/ecstasy; up to 1 g LSD; up to 4 g heroin/opiate
First Degree Felony Possession
More than 25 lbs. marijuana; more than 28 g cocaine; more than 10 g MDMA/ecstasy; more than 1 g LSD; more than 4 g heroin/opiate
First Degree Misdemeanor: Up to 1 yr. in jail, plus court costs; those with at least 4 prior convictions may be sentenced to 1 yr. in jail, mandatory treatment, or home detention of up to 1 yr.
Third Degree Felony: Up to 5 yr. in prison
First Degree Felony: Up to 30 yrs. in prison and up to $250,000 in fines; mandatory minimums apply (depending on type of drug and amounts)