Miami Drug Possession Attorney

Serving Clients Charged With Drug Possession Throughout Miami-Dade County

Being charged with possession of a controlled substance in Florida is a serious matter and a conviction may result in harsh penalties. In addition to fines and imprisonment, you will have a permanent criminal record which can damage your reputation. If you are facing drug possession charges, you need an adept criminal defense attorney in your corner.

Located in Miami, Valiente Law routinely defends clients against drug possession charges in Fort Lauderdale, West Palm Beach and throughout the state of Florida. We thoroughly understand the applicable state and federal drug crime laws as well as the difference between simple drug possession cases and possession with intent to sell. Our legal team has a well-earned reputation for being dedicated advocates and fighting to protect our clients.

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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.

A drug conviction no longer independently disqualifies a student from federal Title IV student aid under the former drug-conviction rule. Other eligibility conditions, incarceration rules, and any specific federal-benefit order require separate analysis. Licensing, employment, immigration, housing, and driving consequences also depend on the offense and the applicable law; they are not all automatic.

Defenses to Drug Possession Charges in Florida

The criminal defense team at Valiente Law knows how to assert any number of defenses against your drug possession charges. Our attorneys will conduct a thorough investigation, collect and analyze all relevant evidence, and identify and interview witnesses, including the police. We will ascertain whether there were any mistakes or misconduct by law enforcement. Evidence that was obtained through an improper search and seizure, for example, may not be admissible in court.

Depending on the circumstances, we may be able to prove that the seized materials were not controlled substances under Florida law, or that the State cannot prove knowing possession and control of drugs found in a shared home or car. Other valid defenses to drug possession charges include the affirmative defense of lack of knowledge of illicit nature, the possession of a valid prescription from a medical professional or entrapment.

Why You Should Call Valiente Law to Handle Your Drug Possession Charges

If you have been charged with possession of a controlled substance in Florida, we will work strategically to build the best line of defense. Knowing that a conviction can lead to severe punishments, we will provide you with aggressive legal representation. While we are committed to having the case dismissed or winning an acquittal, we will advise you of all your options. Above all, we will always put your best interests first and help you make the best decisions for yourself, your family and your future.

Call our office today or complete the convenient online contact form to set up a free consultation.

Featured Testimonial

Miami Drug Possession Attorney Review

My name is Abel and I want to give real testament to the good performance and work of attorney Mr. Antonio Valiente. I was represented by him and thanks to his tenacity and persistence in seeking truth & justice, I am a free man, for which I want to thank him with all my heart and wish him the best in his brilliant career.

Abel

Miami Drug Possession Attorney

5/5