Miami Drug Possession Charges: What to Do If You’re Arrested
Getting arrested for drug possession can be scary. Even if you’re innocent, defending yourself is complicated in our legal system. That’s why working with an experienced Miami drug crimes lawyer can help tip the scales in your favor. This article breaks down key things to know if you or a loved one faces drug possession charges in Miami-Dade County.
The Specifics: Florida Drug Possession Laws
Florida drug laws are complex, covering everything from marijuana to cocaine, heroin, MDMA, prescription meds, and more. Charges range from misdemeanors to serious felonies depending on the drug, amount, criminal history, and other factors. Some key laws include Florida Statute 893.13 which covers drug possession penalties and Florida Statute 893.135 covering drug trafficking.
Penalties can include fines up to $5000, probation or community service, driver’s license suspension, and incarceration ranging from less than a year to potentially 30 years in prison for trafficking. There are also civil asset forfeiture laws allowing police to seize cash, vehicles, and other assets even without a conviction.
As you can see, a lot depends specifics of each case. An experiences Miami drug crimes attorney can assess the details to mount the strongest defense.
Arrested for Marijuana Possession in Miami?
While medical and even recreational marijuana is legal in some states, Florida maintains strict laws even for minor possession. Any amount of cannabis under 20 grams is a first degree misdemeanor with up to one year in jail. Between 20-200 grams bumps this up to a third degree felony with 0-5 years imprisonment. Over 200 grams becomes a second degree felony with 0-15 years incarceration.
These strict laws mean working with a lawyer familiar with Miami drug crimes is critical. A skilled attorney knows how to examine if procedures were followed properly concerning searches, testing, chain of custody, and handling of evidence. There may also be options for getting charges reduced or cleared through drug court programs.
An attorney can also advise if claiming medical necessity is an option. While not a guaranteed defense, medical conditions like cancer, PTSD, multiple sclerosis may convince a judge to show leniency.
Busted with Cocaine, Heroin, or Other Drugs?
Miami has seen its share of cocaine and heroin over the years. Possession laws for these and other serious narcotics are harsh. Even small recreational amounts are treated as felonies with multi-year prison terms.
The stakes get even higher for drug trafficking charges which have mandatory minimums starting at 3 years up to potentially life in prison even for first offenses. Prosecutors may offer plea bargains with reduced sentences to avoid trial, but you still need an experiences lawyer’s help negotiating.
Key options a good attorney considers include questioning if proper procedures were followed for searches, informant testimony, and handling of evidence. For example if drugs were found during an illegal search, that evidence may be excluded. Without the drugs itself, the case could get dismissed.
Your lawyer may also negotiate for drug court rather than normal prosecution. Completing rehabilitation programs can sometimes substitute for part or all of the jail time.
Prescription Drug Charges: What to Do
After marijuana, prescription meds are the next most common drug charges in Florida. Laws cover illegal possession as well as “doctor shopping” to obtain multiple prescriptions. Common drugs include pain pills like Oxycontin and Vicodin, anti-anxiety meds such as Xanax and Valium, and stimulants like Adderall.
Penalties vary depending on the schedules classification. For example, possessing Schedule II or III drugs without a valid prescription is a third degree felony with up to five years imprisonment. Schedule IV violations are third degree misdemeanors with up to one year in jail.
Defenses attorneys commonly consider include:
- You had a valid prescription but just didn’t have the bottle with you when arrested.
- Challenging procedures used for identifying pills found, handling evidence, and testing.
- Arguing you lacked knowledge drugs were present if they were found in a car, bag, or home belonging to someone else.
- Negotiating for addiction treatment programs instead of or reducing incarceration.
Get An Experienced Miami Drug Crimes Lawyer On Your Side
As you can see, Florida has complex drug possession laws with severe penalties. Trying to defend yourself without professional legal help puts you at a huge disadvantage. An experiences local attorney knows the procedures, prosecutors, judges and how to give you the best chance at avoiding conviction or minimizing penalties.
Take advantage of free case review consultations to ask questions and assess lawyers you’re considering. Rates vary, but options like payment plans or legal insurance can ease the financial burden. It also helps asking about track record getting charges reduced or dismissed, or clients into alternative programs.
While scary and stressful, with the right lawyer’s help many people avoid jail and get back to their jobs and families. Don’t wait to seek counsel if you or someone you care about faces Miami drug possession charges. Connect today for personalized guidance on building the strongest defense!