Miami Drug Possession Defense Attorney

Lawyer Defending Clients Against Controlled Substance Possession Charges in Miami, FL

In Florida, there are multiple types of drug charges that can lead to serious penalties for those who are convicted. While drug possession may seem like a minor offense, those who are accused of possessing controlled substances may be treated harshly by law enforcement officials and the justice system. Even in cases involving small amounts of drugs, a person could be sentenced to jail, required to pay high fines, and be subject to probation requirements such as substance abuse treatment. A conviction for a drug possession charge on a person's record can limit their future opportunities.

Whether a drug possession offense involves marijuana, cocaine, methamphetamine, heroin, fentanyl, or prescription drugs, it is important to understand the penalties a person can face and the defense strategies that may be available. At Stroleny Law: Criminal Defense Attorney, we can defend people who have been charged with these offenses. Our Miami Drug possession lawyer will work to identify weaknesses in the case against a person, challenge violations of their constitutional rights, and resolve a case by having charges dismissed, securing an acquittal, or negotiating for reduced penalties.

Types of Substances That May Lead to Drug Possession Charges

Under Florida law, controlled substances are grouped into five schedules based on how harmful they are considered to be, whether they are likely to lead to addiction or abuse, whether they may have valid medical uses, and other factors. Possession of any substances listed in these schedules without lawful authorization can result in criminal charges.

Substances that may be involved in drug possession cases include:

• Marijuana (cannabis)
• Cocaine
• Heroin
• Methamphetamine (meth)
• Fentanyl
• MDMA (ecstasy/Molly)
• LSD or other hallucinogens
• Oxycodone, hydrocodone, and other prescription opioids
• Xanax, Valium, and other benzodiazepines

The specific charges a person may face when they are accused of possessing a controlled substance will depend on several factors, including the type of substance, the amount they allegedly possessed, and whether they have any prior convictions for drug crimes, violent crimes, or other applicable offenses.

Penalties for Drug Possession in Florida

Drug possession charges in Florida range from misdemeanors to serious felonies. In many cases, a person who has been accused of possessing a controlled substance may be charged with a third-degree felony. The penalties that may apply following a third-degree felony conviction include a potential prison sentence lasting for up to five years and fines that may be as high as $5,000.

In some cases involving allegations of marijuana possession, a person could be charged with a misdemeanor. The possession of no more than 20 grams of cannabis may lead to first-degree misdemeanor charges, with penalties that may include a prison sentence of one year or less and a possible $1,000 fine.

Certain types of substances are considered to be especially dangerous, and they can result in more serious charges. Possession of more than 10 grams of certain Schedule I or Schedule II drugs, including fentanyl and heroin, may lead to first-degree felony charges. The penalties that may apply in these cases may include a sentence of up to 30 years in prison and $10,000 in fines.

Drug possession charges can also lead to additional penalties, including driver's license suspension, mandatory drug treatment, probation, and other consequences that may affect a person's employment, housing, and educational opportunities.

Defending Against Drug Possession Charges

There are many potential defenses that can be used to challenge charges of drug possession. Police officers must follow strict rules when conducting searches, seizing evidence, and performing arrests. Our lawyer can examine the details surrounding an arrest and other information that can play a role in a case to determine whether a person's rights have been violated. Some potential defense strategies may include:

• Lack of Knowledge: Prosecutors must prove that a person knew that a controlled substance was in their possession and that it was illegal. Our attorney may take steps to show that drugs found on a person's property were in someone else's possession, and the property owner did not know about them.
• Unlawful Searches or Other Violations: If police searched a person, a vehicle, a home, or other property without a search warrant or did not have probable cause to believe that a person had violated the law, these searches may be considered illegal. The evidence obtained in these situations may be suppressed, preventing it from being used during a criminal case.
• Entrapment: In cases involving undercover operations or confidential informants, our lawyer may be able to argue that a person was unlawfully induced into committing a crime. He may show that a person did not willingly possess controlled substances and only did so because of threats, coercion, or other factors.
• Chain of Custody of Evidence: Our attorney can take steps to determine whether the evidence involved in a case was collected, stored, and tested correctly. If there are gaps in the records of custody of evidence, these inconsistencies may call the validity of the evidence into question.

In addition to pursuing dismissals or acquittals, our lawyer will explore all available options for resolving a case in a way that will help a person avoid incarceration and minimize their long-term consequences. He can determine whether a defendant is eligible for pretrial diversion or entry into a drug treatment court program, or steps may be taken to reduce the charges to an offense that can later be sealed or expunged.

Contact Our Miami, Florida Drug Possession Defense Lawyer

After an arrest for drug possession, it is important to act quickly and get legal help from a lawyer who can help you understand your legal options. A conviction can affect your life for years to come, but the right defense may allow you to avoid serious penalties. Contact our Miami drug possession attorney today by calling 305-615-1285 to set up a free consultation.