State/Federal Drug Possession Lawyer in Miami, FL
35+ Years of Experience Providing Serious Defense for Serious Charges
When facing state and federal drug possession charges in Miami, you risk suffering severe consequences under Florida’s tough drug possession laws. Law enforcement agencies do not take state and federal drug possession charges lightly, as Florida is known as a prime “hotspot” for drug trades. Thus, drug possession charges at the state and federal levels can have serious effects on your future.
That having been said, it is necessary to obtain the legal representation of a state/federal drug possession lawyer in Miami to have the best chances of avoiding the severe punishments that come with a conviction. The best drug possession attorney will study their client’s case extensively to prove that the prosecutor’s evidence is either weak or nonexistent, in addition to scrutinizing the arresting officer’s conduct and compliance with police procedures.
For instance, if a vehicle passenger had a pending drug possession charge for marijuana simply being present in the car, a lawyer may argue that their client was unaware that drugs were in the vehicle. In addition, if a police officer didn’t read a person’s Miranda Rights or violated other police protocol, the charges may get dropped altogether.
Factors Leading to State/Federal Drug Possession Charges in Florida
Many people get caught in the wrong place at the wrong time, and oftentimes, with the wrong people. As a result, they can be subjected to severe state and federal drug possession accusations such as conspiracy to possess.
The following circumstances may also warrant these charges:
- A controlled substance was found in the hand or on the body of the individual being charged.
- A controlled substance is found in a container or some other form of packaging on the person being charged.
- A controlled substance is in very close proximity to the person being charged
To find a defendant guilty of conspiracy to possess, for example, a state prosecutor must prove that the defendant had control over the substance and knowledge that the substance was within their presence. If successful, the convicted defendant may not only suffer jail time and fines but also the loss of their driver’s license. Not to mention, they will have trouble securing employment, housing, acceptance into higher education, financial aid and more.
The legal penalties ultimately depend on the nature of the crime. For example, convicted defendants may experience the following:
- A misdemeanor charge that carries a two-year driver’s license suspension
- 25 years in jail and up to $500,000 in fines for drug trafficking, depending on the amount and type involved
- One year of jail time and a $1000 fine for possessing drug paraphernalia
- 15 years in prison and $10,000 fines for possessing the chemicals used to manufacture drugs such as methamphetamine, GHB, or ecstasy
A third-degree felony charge that carries a 5-year prison sentence for
- Less than four grams of heroin
- Less than one gram of LSD
- Less than 10 grams of ecstasy
- Less than 28 grams of cocaine
The vast majority of drug possession charges focus on how the investigation was conducted. Police officers must follow a particular set of conduct and rules in their investigations and if they don’t, a judge may deem the defendant’s arrest illegal and charges may get dropped as a result. A good drug charge attorney will analyze their client’s arrest to ensure the arresting officer handled the investigation properly.
State/Federal Drug Possession Cases We Handle
Your Miami drug possession attorney should be knowledgeable and experienced in handling charges ranging from minor to the most serious.
Allegations involving substances such as heroin, cocaine, crack cocaine, prescription drugs, LSD, morphine, ecstasy and steroids are complex to defend, which is why you need a lawyer who has a proven track record for fighting such charges, including:
- Sale of drugs
- Possession of drugs for personal use only
- Manufacturing or cultivation (growing)
There are various defenses against the state/federal drug possession charges above and an experienced drug defense attorney will know the best course of action to increase your chances of avoiding severe penalties such as fines and jail time. Your attorney should do everything in their power to effectively negotiate with the prosecution for reduced or dismissed charges.
A Closer Look at Conspiracy to Possess Charges
Among the most common state/federal drug possession charges is conspiracy to possess, which is simply the act of carrying or having drugs and narcotics in very close proximity. Drug possession and conspiracy to possess charges are often imposed on people who have an addiction. As such, lawyers typically work with the courts to reduce their client’s sentence on the condition that they enroll in a drug court program. The penalties for conspiracy to possess is different from other state/federal drug possession charges and depends on the circumstances of each individual case. No matter what, however, a lawyer must explore every possible avenue for achieving a successful result for their client.
Our State/Federal Drug Possession Attorney Is on Your Side
Anyone who has been charged with state or federal drug possession cannot risk enduring court proceedings without a seasoned defense attorney on their side, as the penalties and fines following a conviction can be severe. Considering that Florida’s state/federal drug possession charges are among the toughest in the entire nation, it essential to get defense from a Miami state/federal drug possession lawyer who is a former prosecutor with over three decades of experience helping people in your shoes. Our track record at Galanter Law, P.A. consists of countless “not guilty” verdicts, and we will do everything it takes to help you enjoy the same outcome.