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Drug Possession Attorney In Miami, FL
Drug possession charges and convictions are common in Florida. Just because they are common criminal charges, though, does not mean you should take such an arrest lightly. A drug possession charge in Miami can lead to jail time, a permanent criminal record, license problems, and immigration consequences that follow you for life. A Miami drug possession lawyer can help you avoid or mitigate these serious consequences.
A drug charge conviction can carry severe penalties, whether it is for marijuana, methamphetamines, or any other controlled substance. A drug possession conviction can also have a major impact on your future. It can impact eligibility for federal loan programs such as federal financial aid due to a drug conviction on your criminal record.
You may not see yourself as a criminal. It’s likely that you’re scared, confused, and worried about your family, your job, and your future. You deserve a Miami drug possession lawyer who actually understands what’s at stake for you.
If you have been arrested on a drug possession charge, do not give any information to law enforcement without first contacting an experienced criminal defense attorney in Miami.
Drug Possession Attorney In Miami, FL
It is crucial that you work with the right legal defense. Ramon de la Cabada is a former statewide prosecutor with over 34 years of experience in criminal law, having presided over more than 100 criminal trials and a long-standing record of defending drug cases throughout Florida. The firm’s experience covers both state and federal courts. This includes the Miami-Dade County Circuit and County Criminal Courts.
Call our office before your first court date or police interview. We’ll review what happened, explain your options in plain language, and immediately start investigating the stop, search, and lab evidence. Ramon de la Cabada responds to calls for consultations, enabling you to immediately speak with an attorney when you call. He is fluent in Spanish.
With the right defense strategy, many clients avoid jail, reduce charges, or protect their record so they can move forward with work, family, and travel without a drug conviction defining their life.
Defending Against Fighting a Criminal Charge of Drug Possession
In 1999, Mr. de la Cabada opened his law firm to build a successful private criminal defense practice defending clients accused of such crimes. Our Miami law office takes professional pride in our successful and aggressive representation of clients charged with any type of drug charge, including both possession and drug trafficking charges.
The Sooner We Get Involved, the Better
Too many criminal defendants miss a golden opportunity to build a strong defense by waiting until their first court date to hire a lawyer. Early intervention and investigation by your defense lawyer can have a huge impact on the outcome of your case. Our firm has significant experience in pre-arrest issues, investigation, subpoenas, and other issues that arise before charges are even filed.
The sooner you hire a defense lawyer to defend you against the drug possession charge, the more time your lawyer will have to investigate the circumstances of your arrest and build a strong defense.
What Does It Mean to Be in Possession?
A major part of our investigation into your case will involve questions about whether you actually “possessed” the controlled substance at the time of the arrest. It is an issue that a Miami drug possession attorney needs to review thoroughly.
You could be charged with possession for either actual or constructive possession, depending on the location of the controlled substance. In some cases, you did not actually have control over where the substance was, and this can be a potential defense.
Understanding Drug Possession Offenses in Miami
Nearly 32% of the sentenced cases reported to the U.S. Sentencing Commission in 2023 were for drug offenses, compared to 30% nationwide. There were more than 78,500 drug-related arrests in Florida in 2021, and nearly 6,700 in Miami-Dade County.
The basis possession offense in Florida states that it is illegal to have actual or constructive possession of a controlled substance unless you have a valid prescription or an order by a practitioner. This offense is a third-degree felony. The prosecution generally must prove that:
- The substance in the offense was a controlled substance, and you had no valid reason for it.
- You knew you had possession of the substance.
- The substance was under your control.
These are the elements that a defense should attempt to challenge.
Depending on the specific controlled substance, penalties for drug possession can change. If the controlled substance is a Schedule V substance, which are considered less dangerous, it can be charged as a second-degree misdemeanor. If the controlled substances are certain Schedule I or Schedule II substances, then the offense can be charged as a first-degree felony.
Drug Possession Penalties in Miami
There are serious penalties if you are convicted of drug possession in Miami. Some of the immediate criminal consequences include:
- Second-degree misdemeanor. This is the charge for possession of a Schedule V substance. It can result in up to 60 days of imprisonment and up to $500 in fines.
- First-degree misdemeanor. This offense applies to possession of 20 grams or less of cannabis, and can result in up to one year of imprisonment and up to $1,000 in fines.
- Third-degree felony. This charge applies to most possession offenses. Conviction can result in up to five years of imprisonment and up to $5,000 in fines.
- First-degree felony. This applies to possession of over 10 grams of specific Schedule I and Schedule II substances. This can result in up to 15 years of imprisonment and up to $10,000 in fines.
There can be more severe penalties if you are in possession of the substance in certain locations, like near a school or daycare facility. These offenses can carry mandatory minimum sentences.
In addition to these immediate criminal consequences, you can face other penalties like required attendance of treatment programs, probation or parole, and the mandatory suspension of your driver’s license.
There are also collateral consequences to consider from having a criminal record, including negative impacts on your employment, housing, education, and other opportunities. The most effective way to avoid these serious consequences is with strong legal support.
What Will a Defense Attorney Investigate?
The questions we will investigate include:
- What type of police encounter led to the search?
- Was the search of your person necessary or valid?
- If the drug was found near you, such as in your car instead of on your person, where exactly were the drugs located in relation to where you were at the time? Who else was at the scene and had knowledge of the presence of the controlled substance?
- Did the police have a warrant? Should the police have had a warrant?
- Did you know the drug was illegal?
- Has the drug been tested to confirm what the substance is? If so, what test was utilized?
This information is important to help build a defense relevant to your unique case. If the police did not have a warrant, reasonable cause, or consent to conduct a search, then the evidence in the search may be inadmissible. This can reduce or eliminate the evidence the prosecution has against you, potentially leading to the dismissal of the case.
In other cases, your attorney can argue a lack of knowledge of the substance or a lack of control over the substance. If the controlled substances were somewhere that multiple people could access, you may not have known they were there, or may not truly had control over them. This could be a defense to limit the severity of the charges you face.
FAQs
Can a Drug Possession Charge Be Dropped?
Yes, a drug possession charge could be dropped with the right defense, depending on your case’s circumstances. With the guidance of a skilled attorney, it is easier to assess the prosecution’s case and investigate the charges you face.
An attorney can review potential defenses like your lack of knowledge that you possessed the substance, or rights violations by law enforcement, such as search and seizure violations. Illegally gained evidence can be suppressed and limit the prosecution’s evidence.
What Is the Minimum Sentence for Drug Possession in Florida?
There isn’t a required minimum sentence for simple drug possession in Florida, only set maximums for imprisonment. There are minimum sentences if the possession is of certain high-level controlled substances and occurs in locations like near a childcare facility, a community center, a park, or a school.
There are also minimum sentences if the offense is elevated to a drug trafficking offense, which can happen if there is a significant amount of the controlled substance involved. Reach out to our Miami drug trafficking lawyer to learn more.
What Are the Two Types of Possession?
Constructive and actual are the possible types of possession. Actual possession is the more traditional form of possession, and means you had direct control over the substance. This usually means it was on your person. Constructive possession occurs when the controlled substance is in a location or area that you have control over. This may be your home, a vehicle, or another location not necessarily publicly accessible.
Is It Important to Hire a Drug Possession Lawyer in Florida?
It’s important that you hire a drug possession lawyer in Florida to protect your future against the charges. A lawyer has a significant understanding of state and federal drug laws and can determine how to minimize your charges and penalties or what options you have to avoid conviction. There are potential defenses to drug possession charges, but the ideal defense depends on your situation. An attorney can assess your unique case for the strongest defense.
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At the Law Office of Ramon de la Cabada, P.A., we urge you to seek legal advice as soon as possible after an arrest, or at the first sign that you are a witness in or subject of a criminal investigation. You don’t have to manage criminal cases alone, and you shouldn’t. Get the defense you need to protect your future.
Reach out to us via our contact page or call our law office today at 305-443-7100.
