Miami Drug Crime Defense Attorney

Serving Clients Facing Drug Charges Throughout Miami

Being charged with a drug crime in Florida is a serious matter, since the state’s narcotics laws are among the toughest in the nation. While relatively minor drug possession charges can lead to jail time, a conviction for more a serious drug offense can result in a lengthy prison sentence, probation, and significant fines. If you have been accused of a drug crime, it is imperative you have the best criminal defense attorney in your corner – that is where Valiente Law comes in.

At Valiente Law, we are knowledgeable in the applicable state and federal narcotics laws and are highly regarded for providing our clients with aggressive legal representation. We routinely handle drug crimes ranging from possession of marijuana to manufacturing, distribution or trafficking of dangerous drugs to prescription fraud.

Drug-related crimes are some of the most common and one of the most serious crimes that you can be accused of. This is something that is going to be on your record possibly for the rest of your life that will have a wide range of consequences not just possibly fines and possible jail time but other consequences such as if you’re not a US Citizen, you could have deportation consequences. If you are a US Citizen a qualifying drug conviction can affect your driving privileges under §322.055, subject to statutory conditions and available restricted-driving relief. It affects your life in every single way. That’s why bottom line you want the best attorneys with the most experience to get you the best possible outcome in your case. At Valiente Law, we have that experience. We are those attorneys who can get you the best possible outcome.

Call Us At 305.764.5460 For A FREE Consultation! 

Drug Charges in Florida

There are a variety of criminal drug charges in Florida, including:

• Possession — Charges depend on the particular controlled substance, knowing possession, quantity, and applicable statutory exceptions
• Distribution — The sale, distribution, or conspiring to sell or distribute, illegal narcotics
• Manufacturing — Manufacturing controlled substances such as crack cocaine or methamphetamines, possessing materials to manufacture illegal drugs, or cultivation of marijuana
• Trafficking — The knowing sale, purchase, manufacture, delivery, possession, or transportation into Florida of a large amount of narcotics, carries mandatory minimum sentences
• Prescription Fraud — Using fake or forged prescriptions to obtain opioids, tranquilizers, or other prescription medication, or “pharmacy shopping,” attempting to fill legitimate prescriptions at multiple pharmacies

Because the penalties for drug crimes depend on factors such as the nature of the crime (possession for use as opposed to possession with the intent to distribute), and the quantity involved, it is crucial to have the advice and guidance of an experienced Florida drug crimes attorney.

Drug Classifications

Illegal narcotics are divided into five schedules based on federal classifications that consider a drug’s known medical use and potential to be abused. The classifications are as follows:

Schedule I — Drugs with no known medicinal use and that may likely to lead to dependency such as heroin, psilocybin (mushrooms), MDMA (ecstasy or Molly), peyote, mescaline, lysergic acid diethylamide (LSD), fentanyl derivatives.
Schedule II — Substances with some accepted medical use, but are also likely to be abused, including codeine, hydrocodone, morphine, oxycodone, oxycontin, opium, methamphetamine, cocaine and methadone
Schedule III – Drugs with some accepted medical purpose, but pose a moderate risk of abuse, such as barbiturates, anabolic steroids, or medicines containing small amounts of codeine.
Schedule IV – Prescription anti-anxiety drugs such as Xanax, Valium, Zolpidem, and Ambien
Schedule V – Substances containing limited quantities of narcotics, or one or more non-narcotic active medical ingredient, often found in over-the-counter medicines, cough syrups and cold medications

Possession, knowledge, and control

The State must prove the substance and the required knowing possession. Actual possession generally involves physical custody. Constructive possession requires knowledge of the substance’s presence and the ability to exercise dominion and control over it. Mere presence in a vehicle or room with drugs, especially a shared area, does not by itself establish constructive possession. Ownership and possession are different questions.

Under §893.101, knowledge of a substance’s illicit nature is not an element the State must always prove; lack of that knowledge is an affirmative defense. This is different from knowledge that the substance is present. A valid prescription or other lawful authorization may also matter.

Drug possession penalties and trafficking thresholds

Unlawful possession of many controlled substances is ordinarily a third-degree felony, with a maximum of five years in prison and a $5,000 fine before applicable enhancements. Ordinary possession of 20 grams or less of cannabis is generally a first-degree misdemeanor; more than 20 grams is generally a felony. Cannabis products excluded from that misdemeanor provision, lawful medical use, and trafficking must be considered separately.

Weight boundaries matter. For example, simple-possession quantities below trafficking are less than 28 grams of cocaine and less than 4 grams of heroin, subject to the applicable mixture rules. Trafficking begins at those exact amounts, not only above them. Other drugs have different thresholds; the 10-gram first-degree possession provision in §893.13(6)(c) applies only to the specifically listed substances, not every Schedule I drug.

§893.135 provides separate trafficking offenses, mandatory minimums, and fines. Cannabis trafficking begins at more than 25 pounds or 300 plants and is a first-degree felony, ordinarily carrying a maximum of 30 years, not a universal 15-year maximum. Drug-specific fines can exceed $250,000. See our distribution and trafficking page for selected current penalty bands.

Possession with intent to sell requires proof of that intent; packaging, communications, quantities, and other circumstances may be evidence. Enhanced sale, manufacture, delivery, or possession-with-intent offenses near protected locations have specific statutory requirements. Mere possession near a school is not automatically the enhanced sale offense.

Miami Drug Possession Attorney

Valiente Law defends clients against drug crimes in Florida ranging from simple marijuana possession to the trafficking or manufacturing of controlled substances. We leverage our knowledge of state and federal narcotics laws and investigative skills to build defense strategies that lead to successful outcomes.

If you were charged with possession of marijuana, for example, prosecutors must be able to show that you were knowingly in possession of the drug. Often, these cases involve mistakes or procedural violations by the arresting officer, most notably, illegal search and seizure. This can occur when you are stopped by police without justification, such as speeding or another traffic violation, when you did not commit the original traffic offense for which you were initially stopped. Statements obtained through custodial interrogation without required Miranda warnings may also be challenged; warnings are not automatically required at every stop or arrest.

Regardless of the narcotics charges you are facing, a conviction can jeopardize your freedom and cause long-lasting damage to your standing in the community. Our legal team will work tirelessly to have the charges against you dismissed or to win an acquittal at trial. Depending on the strength of the evidence against you, we may seek to have the charges reduced. If you are being investigated for or have been charged with a drug crime in Florida, don’t go it alone as the potential consequences are serious.

Call Valiente Law today or complete the online contact form to set up a free consultation. 

Featured Testimonial

Miami Drug Crimes Defense Review

Mr. Valiente represented my boyfriend in a drug case. As we all tend to assume a private paid for attorney would be a better suit because PD’s are usually so busy with all these other cases. But this case was different. Mr. Valiente returned calls, emails, text messages. EVERYTHING. He was hands on with me with everything. Even down to the end of his case we kept in constant contact. I appreciate everything he did for me and my family. He advised my boyfriend on what was best and in the end his sentence was reduced from 15 years to 3 years with CTS. We were pleased considering how severe the case was.

Elizabeth L.

Miami Drug Crimes Defense Attorney

5/5