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Drug Possession Attorney in Miami

The state of Florida takes a very serious approach to drug possession charges. Regardless of whether this is your first or second drug possession offense, you may be charged with a felony and sentenced to time in jail if you are convicted. A drug possession conviction can drastically impact your future ability to obtain certain jobs, licenses or housing opportunities. It is imperative that you have the help of an experienced Miami drug possession attorney who can protect your freedom and protect your rights with aggressive defense.

Search & Seizure

Chapter 893 of the Florida Penal Code details drug abuse, prevention and control. These are the laws that dictate the possession of controlled substances such as marijuana, cocaine and controlled substances. You can be charged with possession of a controlled substance even if you were in temporary possession of the drug, regardless of purpose. Charges of possession will differ depending on what "schedule" of drug you were found in possession of. Typically, the higher the possibility of abuse a drug has, the closer the schedule number will be to one. There are schedules one through five, with one being the highest.

One commonly used substance is marijuana. Used in some cases for medical purposes, marijuana has a strong prevalence and can be easily obtained. If you are found to be in possession of less than 20 grams, you may be charged for a first degree misdemeanor which can include jail time of up to a year along with $1000 in fines. If the amount is higher than that, the charges will move up to a third degree felony which can include up to five years in jail with $5000 in fines. For all other drug possession cases, the charges will be considered felonies as well.

A third degree felony may be charged for cases of heroin, ecstasy, cocaine and LSD, resulting in a prison sentence of up to five years as well as $5000 in fines. While it is considered the lowest type of drug charge, convictions for possession can still include jail time, fines, rehabilitative treatment and a license suspension. Sale, manufacturing or possession of any type of drug paraphernalia such as syringes or bongs counts as a first degree misdemeanor, punishable by up to $1000 in fines and a year in jail.

Is there a defense for possession charges?

You may have a defense against your charges of possession if you believe that a police officer did not have just cause to search your property. This could include searching your person, your vehicle, home or other dwelling. §893.147 of Florida Penal Code details all the laws and penalties regarding possession.

At Parks & Braxton, PA, our defense team is highly experienced at handling drug possession cases in the Miami area, and we are committed to defending the rights of our clients who have been accused of drug crimes. We have a proven track record of success in helping clients avoid conviction because we know how to build a solid defense against drug possess charges. Our law firm has successfully handled thousands of cases in the past, and we are not afraid of putting up a fight on behalf of our clients.

State prosecutors will try to give you the maximum penalties available for your drug crime charges, and you may be charged with a 3rd degree felony if you are found to be in possession of more than 20 grams of an illegal drug. When you choose to hire a drug possession lawyer at our firm, we will immediately begin to investigate your case to look for evidence that will help us challenge your charges. We will take the time to thoroughly review the probable cause and then determine if the police officer violated your rights in any way. In many cases we have been able to have the charges dismissed on grounds of misconduct, so call a Miami drug crime attorney now!

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