FAQ: Drug Possession Charges in Miami
Getting charged with drug possession can be really scary. Believe me, I know. I’ve helped a lot of folks in Miami deal with these kinds of charges. The laws here can be pretty complicated, and the penalties are no joke. But don’t panic! This article will walk you through some of the most common questions I get about drug possession charges in Miami so you can get a handle on your situation.
What are the most common drugs people get charged with possessing in Miami?
Well, down here in Miami, the big ones are gonna be cocaine, marijuana, MDMA (also called molly or ecstasy), prescription drugs like oxycodone or xanax, and synthetic drugs like flakka. Cocaine and marijuana are definitely the most common from what I’ve seen. Miami has been a major hub for the cocaine trade since the 80s, and most of the weed here comes up from Jamaica and the Caribbean. Those two account for a huge chunk of drug arrests in the area.
How much of a drug do you have to have to get charged with possession?
It really depends on the specific drug, but basically any amount can get you charged. Even residue in a plastic baggie could be enough to get you arrested for possession. For marijuana, possession of 20 grams or less is a misdemeanor, while more than that jumps you up to a felony charge. Just a few grams of cocaine or molly would likely be a felony. Even having a few pills without a prescription can lead to charges. The cops and prosecutors take drug possession really seriously here.
What are the penalties for getting caught with drugs in Miami?
The penalties cover a wide range depending on the charge, your criminal history, and other circumstances. For small amounts of marijuana, you may just end up with probation or drug court. But anything harder than weed or amounts over 20 grams, you’re looking at potential felony charges. Those can mean hefty fines up to $10,000 and years behind bars. Even a misdemeanor possession charge can land you 12 months in jail if the judge decides to throw the book at you. The minimum penalties aren’t always so bad, but the maximum end is very serious.
What typically happens after you get arrested for drug possession?
The basic process goes like this: you get arrested and taken to the police station for booking. They take your fingerprints, mugshot, and all that. Then you’ll have a chance to make a phone call – CALL A LAWYER! Seriously, don’t say anything to the cops without a lawyer present. After booking, you’ll go before a judge who will consider whether to set bail or release you on your own recognizance. If you bond out on bail, you’ll have to wait for a decision from the prosecutor about filing formal charges before your next court date. Possession charges have to be filed within 30 days of your arrest.
Can drug possession charges get dismissed or reduced in Miami?
Yes, absolutely. A good lawyer can often get possession charges knocked down to a lesser offense or even dismissed entirely. It all depends on the details of your specific case. For example, if the police illegally searched your car or home, any evidence found may not be admissible in court. Without that evidence, the prosecution’s case falls apart. Diversion programs like drug court are another way to get charges dismissed after completing a rehab program. And for minor marijuana offenses, we can often negotiate reduced penalties or even get the charges dropped. Don’t give up hope!
Should I take a plea deal or go to trial for a drug possession charge?
Every case is different, so there’s no one-size-fits-all answer here. Generally, first-time offenders with small amounts of drugs may be better off taking a plea deal to avoid ending up with a conviction on their record. But for repeat offenders or large drug quantities, it may be worth taking it trial to hold the prosecution to their burden of proof. An experienced lawyer can advise you on the pros and cons of each option for your specific circumstances.
How can I restore my rights if I’m convicted of drug possession?
A drug conviction can really limit your rights and opportunities in areas like employment, housing, and education. But Florida does allow people with drug convictions to restore certain rights through a clemency or pardon process. You can petition to regain the right to vote, serve on a jury, hold public office, and other civil liberties lost due to a past drug conviction. It’s a lengthy process, but can help you move on with your life after putting the mistakes of the past behind you.
I hope this gives you a good overview of some key questions about drug possession charges in Miami. The most important thing is DON’T PANIC. These cases are very beatable with an experienced lawyer in your corner. If you or a loved one are facing drug charges, give me a call to start building the strongest defense for your case today.