Miami Drug Crimes Attorney
Get Aggressive and Relentless Representation from Jurney & De La Grana, P.A.
According to the U.S Department of Justice, it is a crime to possess, manufacture, or distribute drugs that have a potential for abuse. Unfortunately, it is up to the state of Florida to decide which drugs have a potential for abuse, and lawmakers do not always stay up to date with the times.
As of March 23, 2022, for example, recreational marijuana is still illegal in Florida – even though it is fully legalized in states like California, Washington, Oregon, and Colorado. In Florida, something as simple as rolling a joint or having a bong can get you arrested.
If you have been arrested or charged with a drug crime, do not wait to get legal help. Drug charges can carry serious consequences, and you have the right to representation.
Our knowledgable Miami drug crimes lawyers at Jurney & De La Grana, P.A. are ready to provide you with aggressive and relentless representation in your time of need.
Call us at (305) 600-3555 to get started with a free consultation.
What Are the Drug Schedules in Florida?
Florida’s drug standards and schedules can be found in §893.03 of the 2021 Florida Statutes:
- Schedule I drugs include meth, heroin, LSD, MDMA, peyote, hallucinogenic substances, some opioids, and cannabis (marijuana).
- Schedule II drugs include opium, cocaine, codeine, hydrocodone, oxycodone, methadone, and morphine.
- Schedule III drugs include anabolic steroids and hormones like testosterone and ethynerone.
- Schedule IV drugs include prescription medications like Xanax (alprazolam), Valium (diazepam), Klonopin (clonazepam), and Ativan (lorazepam).
- Schedule V drugs include cough syrup (Tylenol with codeine and Robitussin) and other drugs that have accepted medical use and the potential for limited physical and psychological dependence.
Schedule I drugs have the highest potential for abuse and the most serious consequences, and Schedule V drugs have the lowest potential for abuse and the least serious consequences.
As we mentioned earlier, state statutes do not always match up with public opinion. For instance, many people think using cocaine or abusing prescriptions like Xanax is much more serious than using cannabis.
Even the law itself has contradictions because medical marijuana is legal in Florida, but Schedule I substances have “no currently accepted medical use in treatment in the United States.”
Despite these contradictions, prosecutors and judges take all drug crimes extremely seriously, and you could be facing fines, jail time, and other consequences.
Navigating Florida drug charges is not as easy as it may seem, and you need an experienced Miami drug crimes attorney to help you.
Types of Drug Crimes
In Florida, drug crimes range from paraphernalia charges to drug trafficking charges. You could face paraphernalia charges for simply having bongs, pipes, rolling papers, or syringes in your possession. Along with paraphernalia charges, you could face any of the charges below:
- Simple possession – having any controlled substances in your possession.
- Possession with the intent to distribute – having a large amount of a controlled substance in your possession.
- Manufacturing – producing illicit drugs.
- Drug dealing – selling controlled substances (usually on a small scale).
- Trafficking – selling, transporting, or importing controlled substances.
Possessing or using drug paraphernalia is a misdemeanor of the first degree, manufacturing, selling, or transporting drug paraphernalia is a felony of the third degree, and delivering drug paraphernalia to a minor is a felony of the second degree.
Other drug crimes rise in intensity, as well. For example, possession with the intent to distribute is more serious than simple possession. Your charges will also depend on the schedule of drugs you allegedly have in your possession.
Ultimately, drug trafficking charges are the most serious you could face. If you face trafficking charges, you may face lesser charges, as well.
Your Miami drug crimes lawyer should know how to navigate each of your charges and fight for the best possible results.
What Are the Penalties for Drug Crimes in Florida?
The penalties for drug crimes range from up to 60 days in jail and fines up to $1,000 to lifetime imprisonment without parole. Even possessing less than 20 grams of cannabis can land you up to 1 year in jail, 1 year in probation, and a $1,000 fine.
Some federal drug crimes, like trafficking across state lines, also come with mandatory minimum sentences.
When your freedom or future is at stake, you need a reliable defense. At Jurney & De La Grana, P.A., we work with top experts, specialists, and investigators to build you the strongest case possible.
Common Defenses for Drug Crimes
Often, drug crimes are not what they appear to be at the time of an arrest. For example, you may have a prescription for medical marijuana or the controlled substance you have in your possession. You may even have a substance that looks like cocaine but is really something else.
Other common defenses for drug crimes have to do with how officers behave at the time of your arrest. The Fourth Amendment of the U.S. Constitution, for instance, protects citizens from unlawful search and seizure, and law enforcement officials cannot entrap you – or encourage you to commit a crime you would not have committed otherwise.
Additionally, drugs often get lost or confused after seizure and before they are admitted into evidence. If law enforcement officers do not do everything right (which they rarely do), you could have your charges reduced or even dropped.
At Jurney & De La Grana, P.A., our highly-qualified team investigates the circumstances of your arrest carefully and builds a personalized defense that works for your unique case.
Every client matters to us, and we will bring compassion, skill and experience when we advocate for you in your case.
To learn more about your potential defense and what our firm can do for you, please call us at (305) 600-3555 or send us a message online.
“Professional, attentive and client driven. Fantastic service”- Diana C.
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