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Miami Heroin Crimes Lawyer
Also Serving Clients throughout Fort Lauderdale
Heroin is an opioid made from morphine, which is taken from opium poppies. It can come in powder form or in the sticky form of black tar heroin. Heroin crimes are taken very seriously by Florida prosecutors and carry substantial penalties. If you are arrested or are being investigated for possession, trafficking, or another offense involving heroin, you should consult an experienced Miami heroin crime lawyer at The Hoffman Firm.
Types of Heroin Crimes Charged in Florida
It is a third degree felony to possess even an amount less than 4 grams of heroin. This is because heroin is believed to have a high potential for abuse.
Heroin crimes include:
- Actual or constructive possession
- Possession with intent to sell
Heroin possession, whether actual or constructive, can lead to a sentence of a maximum of 5 years in prison, 5 years on probation, and a $5,000 fine. You can also have your driver's license revoked for a year. These are serious consequences, so you should promptly retain a heroin crime attorney in the Miami area if you may be facing this charge.
If you are caught with 4 or more grams of heroin, you can be charged with heroin trafficking. The heroin involved need not be pure. The threshold weight is determined by the weight of the entire mixture that contains heroin, instead of the pure heroin. Heroin trafficking is a very serious charge that is subject to a mandatory minimum sentence. In other words, the judge will not have discretion over the sentence simply because it is a first offense or there are other mitigating circumstances.
Different mandatory minimum penalties may be applied depending on how much heroin is being trafficked. When 4-14 grams of heroin are trafficked, the mandatory minimum penalty is 3 years in prison and a $50,000 fine. When 14-28 grams are trafficked, the mandatory minimum penalty is 15 years in prison and a $100,000 fine.
When 28 grams-30 kilograms of heroin are trafficked, the mandatory minimum penalty is 25 years in prison and a $500,000 fine. When 30 kilograms or more of heroin are trafficked, the mandatory minimum penalty is life imprisonment and a $500,000 fine.
Defending Yourself against the Charges
There are various defenses that your Miami heroin crime attorney may be able to raise on your behalf. In some cases, it may be appropriate to raise procedural defenses. For example, if the heroin was found in an illegal search and seizure, it may be possible to get this evidence suppressed. Without the evidence of heroin, the prosecutor might not be able to prove their case beyond a reasonable doubt.
It also may be possible to prove lack of knowledge of the heroin or temporary possession. If the charge is constructive possession, the prosecutor must show that you had knowledge of the heroin's presence and that you had control and dominion over it. If, for example, the police found heroin in a common room of a shared house, a prosecutor would have to prove that you knew that the heroin was there and that you had control of it before they could obtain a conviction.
Contact an attorney immediately to ensure your freedom and escape legal penalties. Call (305) 928-1669 or fill out our online contact form if you are in Miami. Call 954-737-3004 if you are in Broward County. Se habla español.
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