Miami, Florida Drug Possession Attorney

Skilled Lawyer Helping Defend Against Drug Possession Charges in Miami, FL

The so-called "war on drugs" is an ongoing concern for law enforcement in Florida and throughout the United States. Because police officers, federal officials, and other members of law enforcement are focused on preventing the spread of illegal drugs, they will often arrest and prosecute anyone who could potentially be involved in the drug trade. Even simple possession of controlled substances can lead to harsh penalties, and people who face these charges will need to understand what steps they can take in their defense.

A drug crime conviction can have long-term effects on your life. Even minor possession offenses involving drugs like marijuana can lead to sentences in jail or prison, as well as high fines. An arrest or conviction could also affect your employment opportunities, housing, and professional licensing. Fortunately, there are legal defenses that may be available to challenge the charges. At The Hoffman Firm, our Miami drug possession defense lawyer can assess the facts of your case, identify weaknesses in the prosecution's evidence, and advocate for the best possible outcome for you.

Penalties for Drug Possession in Florida

The way controlled substances are classified under Florida law is based on a drug's potential for abuse and whether it has been accepted for medical use. Schedule I substances are likely to lead to drug abuse, and they do not have accepted medical uses in the United States. Schedule II, III, IV, or V substances may be less harmful, and they may have some medical uses. However, possession of any of these substances can lead to criminal charges.

The penalties for drug possession will depend on the type of substance, as well as the amount a person is accused of possessing. In general, possession of a controlled substance is a third-degree felony, which may lead to a prison sentence of up to five years, as well as a fine as high as $5,000. However, in cases involving at least 10 grams of certain Schedule I or II substances, including heroin or fentanyl, a person may be charged with a first-degree felony, and they could be sentenced to up to 30 years in prison and fined up to $15,000.

While some other states have legalized marijuana, Florida still classifies this drug as an illegal controlled substance. Possession of up to 20 grams of cannabis is a first-degree misdemeanor, and a conviction may lead to a jail sentence of no more than one year, as well as a possible fine of up to $1,000.

In Florida, simple possession charges will typically apply in situations where a person is accused of having a controlled substance for personal use. If a person is accused of possession with intent to sell, manufacture, or distribute substances to others, they may face increased charges with more serious penalties.

Defending Against Drug Possession Charges

Our Miami, FL drug possession attorney can help determine what legal defenses may be used to challenge the prosecution's case. Depending on the facts of a case, options for defense may include:

• Unlawful Search and Seizure: If officers obtained evidence through an illegal search that was conducted without a valid warrant, evidence such as drugs or drug paraphernalia may be suppressed, weakening the prosecution's case.
• Lack of Knowledge: If someone was unaware that drugs were in their possession, this may serve as a defense against drug charges. For example, drugs may have been found in a person's home, but the homeowner may not have known about them because they were brought into the home by another resident.
• Lab Analysis and Chain of Custody: The prosecution must verify that the substance in question is an illegal drug. If testing procedures were flawed or if there were issues with how the evidence was handled, our lawyer may challenge the validity of the test results.

Alternative Sentencing and Diversion Programs

For people who have been charged with simple drug possession, Florida offers alternative sentencing options that may help them avoid a criminal conviction. Drug offender probation may be available if a defendant has engaged in chronic drug abuse and is charged with drug possession or another non-violent felony.

A judge may choose to withhold a guilty verdict, or the court may withhold a sentence, and a person may be placed in a probation or drug court program that will focus on substance abuse treatment. A person will be required to meet certain requirements during their drug treatment plan, and if they successfully complete probation, they may be able to avoid a drug crime conviction. Our Miami drug possession defense attorney can advocate for participation in these programs, ensuring that a person will be able to receive the proper treatment while minimizing the penalties they may face.

Contact Our Miami Drug Possession Lawyer

A drug possession charge can have serious consequences, but our Miami drug possession defense attorney can review the facts of the case and develop a defense strategy to help you achieve the best possible outcome. When you are facing drug possession charges, you need legal representation to ensure that you can resolve your case successfully. Contact The Hoffman Firm today to get the legal help you need to protect your future. Call 305-249-0090 to set up a free consultation today.