Miami Drug Possession Attorney

Protecting Your Rights & Fighting for Your Freedom in Florida

Many people get arrested daily for cocaine and marijuana possession. The consequences can be extremely severe and life-altering. These charges not only carry potential jail time and fines but can also lead to a permanent criminal record, affecting every aspect of your future—from employment opportunities to personal relationships. It's critical to approach these charges with a strong legal strategy tailored to the specifics of your case.

The following are penalties for possession of marijuana:

• Less than 20 grams of marijuana is a first-degree misdemeanor. You could face up to 1 year in jail and a $1,000 fine.
• More than 20 grams of marijuana is a third-degree felony. You could face up to 5 years in prison and a $5,000 fine.

Facing charges for drug possession? Get started on your defense today. Contact our Miami drug possession attorney online or call (305) 400-0074 for your free consultation. 

Penalties for Cannabis (Marijuana) Trafficking

Trafficking is defined under Florida criminal drug laws as, “Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of X amount of a controlled substance or illegal drug.” Marijuana trafficking laws punish the acts of peddling, transporting, and illegal importing in or into the United States. State and federal marijuana trafficking/distribution laws and penalties differ according to volume, area of distribution, and juvenile targeting. Marijuana volumes are counted by weight or by the quantity of cannabis plants.

Understanding the nuances of trafficking laws is crucial. In Florida, the amount of marijuana in your possession can drastically change the severity of your charges. It's not just the quantity that matters—the intent and circumstances surrounding your situation can also play a significant role in the penalties you might face. That’s why having a knowledgeable drug possession attorney in Miami can make a difference, potentially reducing charges or penalties. This comprehensive understanding can help build a more robust defense, potentially involving reduced sentences or dismissal of charges.

The following are marijuana trafficking offenses and their corresponding penalties:

• 25 to 2,000 pounds: 3-year minimum mandatory prison sentence and a $25,000 fine.
• 2,000 pounds but less than 10,000 pounds: 7-year minimum mandatory prison sentence and a $50,000 fine.
• 10,000 pounds or more: 15-year minimum mandatory prison sentence and a $200,000 fine.

Cocaine, also known as “coke” or “blow,” is a white powder derived from the leaves of the coca plant. Cocaine is highly addictive and illegal in the United States. If you are caught producing, distributing, or packaging cocaine in any form, you face criminal prosecution and strict penalties, including but not limited to imprisonment. Additionally, if you are adjudicated guilty by the court, your Florida driver’s license will be suspended for two years.

The penalties for possession of cocaine include:

• Probation: Up to five years.
• Prison: Up to five years.
• Fines: Up to $5,000.

Penalties for Cocaine Trafficking in Miami

A drug trafficking conviction can severely tarnish a person’s permanent criminal record. A conviction could make it difficult to gain employment, travel, or earn certain professional licenses. Keep in mind that if you are suspected of drug dealing or drug trafficking, the state of Florida will prosecute you to the fullest extent of the law. Therefore, retaining a Miami drug possession lawyer with the skill, legal knowledge, and trial experience to properly defend you is a necessity.

Quantities of cocaine are charged as trafficking by the amount calculated by weight in grams/kilograms. The stakes are high, as even minor overage in weight can escalate charges significantly. Prosecutors may aggressively pursue these cases, making it essential to have a defense strategy that considers all aspects—including challenging weight measurements, questioning the validity of search and seizure, and exploring all potential avenues for reducing charges.

The following are cocaine trafficking offenses and their corresponding penalties:

• 28 to 200 grams: 3-year minimum mandatory sentence of in prison and a $25,000 fine.
• 200 to 400 grams: 7-year minimum mandatory sentence of in prison and a $100,000 fine.
• 400 grams to 150 kilograms: 15-year minimum mandatory sentence in prison and a $250,000 fine.

Heroin is an opiate made from the chemical morphine, which is extracted from the dried latex of the opium poppy. Heroin is highly addictive and illegal in the United States. If you are caught producing, distributing, or packaging heroin in any form, you face criminal prosecution and strict penalties, including but not limited to imprisonment.

Penalties for Possession of Heroin

More than 10 grams of heroin is a first-degree felony. You could face a maximum penalty of 30 years in prison and fines up to $10,000.

The severe penalties reflect the dangers and societal impact associated with heroin use and distribution. Those accused of possession or trafficking face not only lengthy prison sentences but also significant challenges in defending against evidence often considered circumstantial. Experienced legal representatives understand how to scrutinize lab reports, challenge the methods and credibility of law enforcement, and argue for rehabilitation in lieu of harsher sentences, reflecting a commitment to fair jurisprudence.

Penalties for Heroin Trafficking

Quantities of heroin are charged as trafficking by the amount calculated by weight in grams/kilograms.

The following are heroin trafficking offenses and their corresponding penalties:

• 4 to 14 grams: 3-year minimum mandatory sentence of in prison and a $50,000 fine.
• 14 to 28 grams: 15-year minimum mandatory sentence of in prison and a $100,000 fine.
• 28 grams to 30 kilograms: 25-year minimum mandatory sentence of in prison and a $500,000 fine.

The possession, distribution, and sale of heroin is an extremely severe criminal offense in the state of Florida. Persons convicted of dealing heroin in Florida can expect to face steep fines and other monetary penalties in addition to imprisonment. A heroin dealing conviction will become part of your permanent criminal record. A criminal background check for employment or other purposes will uncover it and this may bar you from certain jobs, travel visas, or licenses.

Understanding the Impact of a Drug Possession Charge

Facing a drug possession charge can be a daunting experience, not only due to the potential legal consequences but also because of the long-term effects on your personal and professional life. It's crucial to grasp how a conviction can impact various aspects of your future, including employment opportunities, educational prospects, and even housing options. A deep understanding of the charges, penalties, and possible defenses can provide clarity and a proactive approach to your legal journey, minimizing potential damage.

Here are some key considerations to keep in mind:

• Criminal Record: A drug possession conviction can lead to a permanent criminal record, which may hinder job applications and professional licensing.
• Employment Challenges: Many employers conduct background checks, and a drug-related charge may disqualify you from certain positions, particularly in fields such as healthcare, education, and law enforcement.
• Educational Barriers: A conviction can affect your eligibility for federal student aid, scholarships, and certain academic programs.
• Housing Issues: Landlords may refuse to rent to individuals with drug convictions, making it difficult to secure stable housing.
• Social Stigma: The societal perception of drug offenses can lead to judgment and stigma, impacting your relationships and community standing.

At the Law Office of Armando J. Hernandez, P.A., we understand the weight of these consequences and are committed to providing you with the legal support necessary to navigate this challenging situation. Our dedicated team will work tirelessly to explore all avenues for your defense, aiming to minimize the impact on your life and secure the most favorable outcome possible. We prioritize open communication, ensuring that you understand every step of the process and can make informed decisions.

Possession with Intent to Sell

Possession with intent refers to the criminal charge for possession of an illicit drug with the purpose of selling the drug or controlled substance. Controlled substances include marijuana, cocaine, heroin, methamphetamines, etc. When law enforcement suspects that an individual has committed the crime of possession with intent to sell, they do not have to show proof that the person sold any drugs. What they must prove is that the person “intended” to sell the drugs they had in their possession.

Proving intent relies heavily on circumstantial evidence such as the quantity of drugs, packaging, and the presence of paraphernalia associated with sales. This charge can escalate the severity of penalties significantly compared to simple possession, often leading to more severe sentencing. Our legal approach often includes questioning this circumstantial evidence, seeking to reduce charges where the intent cannot be clearly established, presenting alternative narratives or explanations that might indicate personal use rather than intent to distribute.

Some of the things law enforcement will look at to determine what to charge include, but are not limited to:

• The vicinity of the town
• The amount of cash in a person’s possession
• The quantity of drugs in a person’s possession
• If the drugs are packaged in many separate packages

Possible Penalties for Possession with Intent to Sell

The possible penalties for possession with intent to sell can be very serious. For instance, possession with intent to sell marijuana is a third-degree felony and is punishable by up to five years in prison. Possession with intent to sell cocaine is a second-degree felony and is punishable by up to 15 years in prison.

Understanding these penalties is critical, as they often come with mandatory minimum sentences. Such legal thresholds can remove the judge’s discretion, making it difficult to negotiate lesser penalties without an effective legal strategy. Exploring plea bargains, challenging the intent proof, and leveraging any procedural missteps by law enforcement are key defensive tactics we employ to counter these charges, always pursuing the path that best serves the client’s future.

Common Drug Possession Defenses

If you were recently arrested for drug possession, you still have a chance to fight the charge against you by hiring a Miami drug possession attorney who has experience handling drug crimes. Remember, the prosecution must prove – beyond a reasonable doubt – that you were in possession of illegal drugs.

Your lawyer can thoroughly review your case and determine whether the arresting officer(s) violated your constitutional rights or if there are any weaknesses in the prosecutor’s argument against you. The main goal is to suppress any evidence prior to the start of trial.

If the evidence is not admissible, then the entire case will likely be thrown out. By contrast, if the evidence is not suppressed, then your attorney will attempt to either obtain an acquittal or reach a plea agreement to ensure you avoid harsh criminal penalties, such as jail time.

The following are the most common legal defenses to drug possession:

• Unwitting possession – This defense asserts you were unaware you were in possession of illegal drugs, although they were found on your person. For example, you ask a friend if they can lend you their car for the day, and you had no idea there are drugs inside the vehicle, then you cannot be held responsible for actual drug possession if the police pull you over and find them. When it comes to constructive possession, such as finding drugs in a shared living space, you may also claim unwitting possession if the drugs do not belong to you.
• Lack of possession – Another defense to constructive drug possession is “lack of possession,” especially when the “dominion and control” element (in which a person has an ability or intent to control the substance) is difficult for the prosecutor to prove. For instance, if you were pulled over in a car with several people in it and the police find drugs in the vehicle, it would be difficult to accuse only one person of drug possession.
• Unlawful search and seizure – Law enforcement officials must follow certain rules – such as obtaining reasonable suspicion to make a traffic stop or having probable cause or a warrant to arrest a suspect – to avoid violating a person’s constitutional rights, which means conducting lawful search and seizure procedures. Unless the drugs were found in plain view (e.g., on the passenger seat or on the dashboard), if the police performed a search without your consent, without establishing probable cause, or without a warrant, then any evidence gathered will be suppressed.

At the Law Office of Armando J. Hernandez, P.A., we have more than 20 years of experience handling a wide range of drug crimes. Attorney Hernandez is a former prosecutor who understands how the court will approach your case and build an effective and personalized defense strategy to help you either avoid conviction or serving serious penalties, like jail time. Our deep familiarity with the legal system provides invaluable insights into potential weaknesses in the prosecution's argument and helps in crafting a strong, viable defense.

Understanding Florida Drug Possession Laws

It’s important to have a clear understanding of Florida’s drug possession laws and the potential consequences you may face if charged with drug possession. Our Miami drug possession lawyer is well-versed in the intricacies of Florida drug laws and can provide you with the legal guidance and representation you need.

Key points to consider regarding Florida drug possession laws:

• Severity of Charges: The severity of the charges can vary based on the type and amount of drugs involved.
• Possible Penalties: Possible penalties may include fines, probation, and incarceration.
• Long-Lasting Effects: Drug possession charges can have long-lasting effects on your personal and professional life.

By consulting with our experienced legal team, you can gain a better understanding of your rights and options when facing drug possession charges in Florida. We ensure you receive personalized advice tailored to the specifics of your case, keeping you informed and involved every step of the way while we strive to achieve the best possible result.

Why Choose the Law Office of Armando J. Hernandez, P.A.?

When facing drug possession charges, you need a legal team that understands the complexities of Florida’s drug laws and is dedicated to protecting your rights. At the Law Office of Armando J. Hernandez, P.A., we offer personalized legal strategies tailored to your unique situation. Our extensive experience in defending clients against drug possession charges means we know what it takes to achieve the best possible outcome.

Here’s what sets us apart:

• Experienced Legal Team: Our Miami drug possession lawyers have years of experience in criminal defense, specifically in drug-related cases.
• Comprehensive Case Analysis: We meticulously analyze every detail of your case to identify weaknesses in the prosecution’s arguments.
• Strong Negotiation Skills: We leverage our negotiation skills to seek reduced charges or alternative sentencing options whenever possible.
• Client-Centered Approach: Your needs and concerns are our top priority. We keep you informed throughout the legal process and ensure you understand your options.
• Proven Track Record: Our firm has successfully defended numerous clients against drug possession charges, allowing them to move forward with their lives.

Don’t leave your future to chance. Contact us today for a free consultation with a drug possession attorney in Miami, and let us help you navigate the legal system with confidence.

Understanding Miami's Drug Crime Landscape

Miami is known for its vibrant culture and international influence, but it also grapples with significant drug crime challenges. The city is a major entry point for illegal drugs due to its extensive coastline and proximity to the Caribbean and South America, making drug possession and trafficking significant issues for law enforcement. In response, local authorities have adopted stringent measures to tackle drug-related offenses, leading to a high number of arrests each year. Given this environment, individuals accused of drug possession in Miami often face aggressive prosecution, and it is crucial to navigate the legal system with informed and strategic legal counsel.

At the Law Office of Armando J. Hernandez, P.A., our deep understanding of Miami’s unique legal landscape equips us to offer knowledgeable defense tailored to local circumstances. Attorney Armando J. Hernandez’s experience as a former prosecutor in Florida gives our team an edge in anticipating the strategies used by the prosecution. By leveraging this insight, we can craft defenses that challenge the evidence and seek alternative resolutions when appropriate, aiming to mitigate the impact of drug-related charges on our clients' lives.

FAQs About Drug Possession in Miami

What Is the Legal Definition of Drug Possession in Florida?

In Florida, drug possession is defined as having knowledge of and control over a controlled substance. Possession can be classified as actual, where the drug is physically on the person, or constructive, where the individual has access to and control over the place where the drug is found. Understanding this distinction is critical in defending against possession charges, as it affects the overall strategy and potential defenses available, such as disputing the control or knowledge of the drugs in question.

How Can a Drug Possession Charge Affect My Future?

A drug possession charge can have long-lasting effects on your future, impacting areas such as employment, education, and housing. A conviction leads to a criminal record that can be accessed by potential employers, educational institutions, and landlords. This can hinder career prospects, eligibility for financial aid, and housing opportunities, underscoring the importance of mounting a robust defense to minimize these repercussions.

What Are Potential Defenses Against Drug Possession Charges?

Several defenses can be employed against drug possession charges, including challenging the legality of the search and seizure, disputing ownership or control over the drugs, and demonstrating a lack of intent to possess. At the Law Office of Armando J. Hernandez, P.A., our Miami drug possession attorneys are skilled in identifying weaknesses in the prosecution's evidence, seeking to suppress unlawfully obtained evidence, and exploring plea options or alternative sentencing that could reduce or eliminate jail time.

Can Drug Possession Charges Be Expunged from My Record?

In Florida, expungement or sealing of a criminal record is possible under certain conditions, which can help minimize the long-term impact of a drug possession charge. Eligibility typically depends on factors such as the specific offense, prior criminal history, and the outcome of the case. Our team can guide you through the eligibility criteria and process, giving you the tools necessary to move forward with a clearer record.

Is Drug Diversion a Viable Option for First-Time Offenders?

Drug diversion programs in Miami are designed to provide first-time offenders with an opportunity to avoid a criminal conviction. These programs focus on rehabilitation through counseling, education, and sometimes community service, reflecting a more restorative approach to justice. Successfully completing a diversion program may result in the dismissal of charges, presenting a valuable alternative to traditional prosecution. Our firm can help determine your eligibility for such programs and advocate on your behalf for participation, aligning with a defense strategy that prioritizes your long-term well-being.