Miami Drug Crimes Attorney

At The Edelstein Firm, we understand the serious consequences that can result from a drug arrest or conviction.  A drug-related conviction can negatively impact just about every aspect of your life, from your reputation and career to your family life and personal relationships.  That is why it is so important that you choose a Miami drug crimes attorney with the necessary skill and experience to help you avoid these potential life-long negative consequences.

Drug charges may be prosecuted under Florida or federal law. Our firm handles state drug cases as well as federal criminal cases.

Types of Drug Crimes and Drug Charges

Our Miami-based firm has many years of experience defending drug cases and offers representation to potential clients charged with:

Drug charges can also involve medications obtained from a pharmacy. Our guide to prescription-drug offenses in Florida discusses unlawful possession, distribution, and prescription fraud.

Most drug cases involve one or more of the following substances:

  • Hashish (hash)
  • Marijuana
  • Cocaine
  • Heroin
  • Oxycodone (OxyContin)
  • Hydrocodone (Vicodin)
  • Amphetamines
  • Methamphetamine (“Meth, crystal, crystal meth, speed”)
  • Gammahydroxybutyrate (“GHB”)
  • Ketamine (Special K, “K,” Kit Kat, vitamin K)
  • MDMA (Ecstasy/Molly)
  • Flunitrazepam (Rohypnol, “Roofies”)
  • Barbiturates
  • Methaqualone
  • Benzodiazepines (Xanax, Valium, etc.)
  • Lysergic acid diethylamide (“Acid, LSD”)
  • Mescaline
  • Psilocybin/Psilocin (“Mushrooms, shrooms”)
  • Phencyclidine (“Angel dust, crystal, PCP”)
  • Morphine
  • Opium
  • Anabolic steroids

Felony and Misdemeanor Drug Crimes

Unlawful possession of many controlled substances is a felony in Florida. Unlawful possession of 20 grams or less of marijuana is generally a first-degree misdemeanor. This small-quantity exception does not apply to cannabis resin. The charge and potential penalties depend on the substance, its weight, and the conduct alleged.

If you are not a U.S. citizen, your lawyer should review the immigration consequences of a drug charge before you accept a plea. The substance involved and the proposed outcome matter; avoiding jail does not, by itself, protect your immigration status.

Florida Drug Crimes & Criminal Penalties

Florida drug charges can involve unlawful possession, manufacturing, sale, or distribution of controlled substances, including prescription medications. The substance involved and any lawful authorization to possess it matter. Florida’s drug trafficking laws can apply to knowing possession of a specified weight without proof of an intent to sell. For example, unlawful possession of 7 grams or more but less than 14 grams of oxycodone, or a mixture containing oxycodone, falls within a trafficking tier carrying up to 30 years in prison, a 3-year mandatory minimum prison term, and a $50,000 fine, subject to any applicable statutory relief.

The criminal penalties for a drug crime conviction vary depending on the specific drug, the quantity of the drug, and other factors. Punishment may range from a small fine and/or probation to decades in prison and fines totaling hundreds of thousands of dollars.

Here are a few examples of the possible punishment those convicted of various drug crimes face:

Unlawful possession of 20 grams or less of marijuana generally carries up to one year in jail and a $1,000 fine. The small-quantity exception does not apply to cannabis resin. Some eligible defendants may qualify for diversion.

For adults convicted of certain drug offenses, section 322.055 provides for a driver’s license suspension of six months or until the required evaluation and any necessary approved treatment are completed. Restricted driving privileges may be available when the statutory requirements are met.

Unlawful simple possession of cannabis resin or THC concentrates is generally a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Sale, manufacturing, and trafficking charges require a separate review of the conduct, substance, and weight involved.

Manufacturing, distribution, and trafficking charges can carry harsher penalties. Prior convictions and other facts can also affect sentencing. Certain sale, delivery, manufacturing, and possession-with-intent offenses carry enhanced penalties when committed within 1,000 feet of locations specified by statute, subject to the requirements for each location.

When a large amount of an illegal drug is involved, there is a greater chance that police and prosecutors will arrest or charge a person with possession with intent to sell, deliver, or distribute. If the amount meets or exceeds the applicable statutory threshold, a trafficking charge may apply.

Drug Crimes Attorney Working to Protect Individuals Accused of Possession, Sales, and Distribution, or Drug Trafficking

A conviction for any drug offense can change your life forever.  People found guilty of drug crimes may face substantial fines, jail or prison, and a driver’s license suspension.  In Florida, as in any other state, a person is innocent until proven guilty beyond a reasonable doubt.  Mistakes can—and often are—made in the legal process, from illegal searches to errors by prosecutors and judges.

The legality of the police stop or search can be a key issue in a drug case. Depending on the facts, a motion to suppress evidence may prevent prosecutors from using drugs or statements obtained in violation of your rights.

The job of your Miami drug crimes attorney is to protect your legal rights, challenge any evidence against you, and present any evidence/facts that may work to your advantage.  Ultimately, your defense lawyer should fight to protect your freedom and prevent a conviction so that the damage to your life is minimal.

For some first-time offenders facing drug charges, diversion or treatment programs may offer a path to dismissal. Eligibility depends on the charge, prior record, and program requirements. Even after dismissal, an arrest record may remain publicly available, so we also evaluate whether you qualify for record sealing or expungement.

Additional Resources

Florida Statutes, Chapter 893 – Contains most Florida drug offenses.

Florida Statutes § 893.13 – Possession, sale, delivery, manufacturing, and related offenses.

Florida Statutes § 893.135 – Trafficking thresholds and mandatory penalties.

21 U.S. Code Part D  – Federal drug crime laws.

Contact An Experienced Miami Drug Crimes Attorney

Whether you or a loved one has been arrested for a drug crime or is under investigation, it is critical to consult with an experienced drug crimes attorney in Miami as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Over the years, we have represented hundreds of clients in a wide range of drug cases. There is a good chance we have handled your type of case and represented clients with similar needs and concerns to yours. Review our criminal defense case results for examples of cases we have handled and outcomes we have obtained. Each case depends on its own facts.

By taking immediate action to hire an attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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