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Miami Criminal Defense Attorney and Drug Trafficking Lawyer
Chapter 893 of the Florida Statutes deals exclusively with crimes involving drugs. Drug offenses are very serious even though they are crimes without victims. Drug offenses are almost always felonies with the exception of possession of marijuana under 20 grams. This means that a person accused of a drug crime is almost always facing prison time.
Possesing drugs is charged when a person is caught with the drug and the amount of drugs does not rise to a level above "personal use." Police have special training and experience to decide when a possession of drugs is no longer considered personal use. However, a skilled attorney can look into actual case law to determine if the drugs are personal use. This helps in keeping the crime from beling elevated to drug sale.
Many cases involve simply having drugs on the person. But constructive possesion means that a person can be charged with possession even when the drugs are not found on the person but found near the person, like in a car, purse, or anywhere else that you had control over. The State must prove that not only were the drugs there but that you knew that the drugs were there.
In Miami-Dade County, drug possession is not as serious as drug sales or drug trafficking and the cases can easily be resovled with credit for time served, drug court (charges dropped after completing program), and drug probation.
Of course, prior to resolving your case we will analyze the every fact of your case to determine that the police properly arrested you and properly seized the drugs. Sometimes the traffic stop is bad or the police did a search of yourself or property without lawful authority. We will investigate these options to see if the charges are warranted. If they are, then we will discuss possible resolutions.
Drug sales are almost always second degree felonies which makes the punishment in prison greater (up to 15 years in prison). The legal title for selling drugs is "Possession of Controlled Substance with Intent to Sell, Manufacture, or Deliver."
The same resolution and strategies that we would use to resolve drug possesion is used. I analyze the search and seizure of the drugs, the traffic stop if applicable, and any search warrants. You can be sure that if you take a plea or go to trial, that the police did everything "by the book." If they violated your rights or did anything wrong, I will fight in court to get the evidence suppressed.
Drug trafficking does not mean that you belong to organized crime. It means that the quantity of drugs that you had on you rised to the level of trafficking. That's all it means in Florida. Trafficking is the most serious type of drug crime in Miami-Dade Couny (and everywhere else). You automatically are facing three (3) years in prison and the State Attorney's Office will not waive this unless certain things happen, like the evidence was improperly obtained bythe police.
In Miami-Dade County, all drugs are analyzed by the Miami-Dade Police Department Crime Laboratory. In my time as a prosecutor, the lab results were never challenged. If an attorney is telling you that he will fight the lab results then you know he is just telling you whatever you want to hear to earn your business. I don't operate that way. The lab here in Miami-Dade is one of the best, in my opinion, in the nation. All other counties have to send their drugs to the Florida Department of Law Enforcement to get analyzed. But here the lab is so good that we keep all drugs in county. Of course I will review the lab report and the qualifications of the chemist, but to fight the results is a losing avenue. We have a better chance of focusing are attention on the legality of the police action and your knowledge of the drugs in trying to resolve your case.
Most trafficking cases are First Degree Felonies punishable by up to 30 years in prison. There are Capital Cases of Trafficking with the exception of a few cases that qualify for a capital offense and punishment up to life in prison. Below is a brief summary of the major drugs and the amount that is needed to rise to the level trafficking followed by the possible penalty you are facing:
All trafficking cases are First Degree Felonies punishable by up to 30 years in State prison, with the exception of Capital Traficking cases which are punishable by Life in prison. The penalty for trafficking cases is all dependent on the quantity of the drugs. Below is the penalty information for the most typical trafficking cases in Miami-Dade County:
Cocaine:
28 GRAMS-199 GRAMS
3 YRS Minimum mandatory in state prison
$50,000 Mandatory Fine
200 GRAMS-399 GRAMS
7 YRS Minimum mandatory in state prison
$100,000 Mandatory Fine
400 GRAMS-149 KILOGRAMS
15 YRS Minimum mandatory in state prison
$250,000 Mandatory Fine
ABOVE 150 GRAMS- CAPITAL DRUG TRAFFICKING
LIFE SENTENCE
Marijuana (Cannabis):
25 POUNDS-1999 POUNDS OR 300-1999 PLANTS
3 YRS Minimum mandatory in state prison
$25,000 Mandatory Fine
2,000 POUNDS-9,999 POUNDS/2,000-9,999 PLANTS
7 YEARS Minimum mandatory in state prison
$50,000 Mandatory Fine
MORE THAN 10,000 POUNDS OR 10,000 PLANTS
15 YRS Minimum mandatory in state prison
$200,000 Mandatory Fine
Marijuana trafficking mainly involves houses that have been converted to "grow houses." The houses have illegal electricity running into the house which is used to light high powered lamps and other equipment that is used to grow the plants. Marijuana trafficking in Miami-Dade County, in my experience, is mainly a Cuban operation that use immigrants with no priors and they are "planted" in the homes to raise the plants for the "ring leader." Once inside the home, they live there rent free with th stipulation that they take care of the plants. Once the plants have fully grown, the ring leader returns to harvest the plants and the cycle begins anew.
When police get information about a grow house and conduct a search the person arrested is almost always the innocent immigrant planted in the house by the ring leader. The house has no ties to the ring leader but even if it did the person in "constructve possession" of the plants is the person living in the house.
Hydrocodone/Oxycodone
- If the amount possessed is 4 grams or more, you face a trafficking charge.
- If the amount is 4 grams or more, but less than 14 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 3 years.
- If the amount is between 14 and 28 grams, you face a mandatory minimum sentence of 15 years in state prison.
Methamphetamine
- If the amount possessed is 14 grams or more, you face a trafficking charge.
- If the amount is 14 grams or more, but less than 28 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 3 years.
- If the amount is between 28 and 200 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 7 years.
- If the amount is between 200 and 400 grams, you face a mandatory minimum sentence of 15 years in state prison.
- If the amount is over 400 grams, you face life in prison.
Ecstasy
- If the amount possessed is 10 grams or more, you face a trafficking charge.
- If the amount is 10 grams or more, but less than 200 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 3 years.
- If the amount is between 200 and 400 grams, you face up to 30 years in state prison, with a minimum mandatory sentence of 7 years.
- If the amount is between 400 grams and 30 kilograms, you face a mandatory minimum sentence of 15 years in state prison.
- If the amount is over 30 kilograms, you face life in prison.
If you or a loved one is facing a drug charge or drug trafficking charge, please contact me today to review your case. There are options available to you so don't delay.
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