DRUG CRIMES

Drug-related charges are prevalent in Florida, covering a wide range of offenses from simple possession to trafficking. Being convicted of a drug crime can result in severe penalties, including lengthy prison sentences and significant fines. Our law firm is dedicated to providing robust defense for individuals accused of drug crimes.

Definition and Legal Definition

Drug Crimes involve the illegal possession, distribution, manufacturing, or trafficking of controlled substances. The legal definitions vary depending on the specific drug and the nature of the offense but generally include violations of state and federal drug laws.

Examples of Drug Crimes:

Possession of Controlled Substances: Illegal possession of drugs such as marijuana, cocaine, heroin, or methamphetamines.
Distribution or Sale of Drugs: Selling or distributing illegal drugs.
Drug Trafficking: The transportation or distribution of large quantities of drugs.
Manufacturing of Illegal Drugs: Producing controlled substances.
Prescription Drug Fraud: Obtaining prescription drugs through fraudulent means.

Potential Defenses:

As your defense attorney, we will explore all possible defenses, including:

Illegal Search and Seizure: Challenging the legality of the search and seizure that led to the discovery of drugs.
Lack of Possession or Knowledge: Arguing that the defendant did not possess or was unaware of the presence of the drugs.
Entrapment: Proving that law enforcement induced the defendant to commit the crime.
Mistaken Identity: Arguing that the defendant was not the person who committed the crime.

Statistics on Drug Crimes in Florida and Miami-Dade County:

Florida had 62,000 drug-related arrests in 2022.
Miami-Dade County reported 9,800 drug-related arrests.
Marijuana possession accounted for 42% of all drug arrests in Florida.

What to Do if Falsely Accused:

If you are falsely accused of a drug crime, it is crucial to:

Contact a Defense Attorney: Immediately seek legal counsel to protect your rights.
Document Everything: Keep detailed records of all interactions and transactions related to the accusation.
Avoid Speaking to Authorities Without Counsel: Ensure you have legal representation before discussing your case with law enforcement or prosecutors.

Reasons for False Accusations:

Mistaken Identity: Being wrongly identified as the perpetrator.
Malicious Intent: Someone deliberately accusing you to harm your reputation or gain financially.
Misunderstanding: Misinterpretation of legitimate actions as criminal.

Possible Jail Times and Fines:

Possession of Controlled Substances: Penalties can range from probation and fines to several years in prison, depending on the quantity and type of drug.
Distribution or Sale of Drugs: Penalties can include long prison sentences and substantial fines.
Drug Trafficking: Convictions can lead to mandatory minimum prison sentences of several years to life imprisonment, along with heavy fines.
Manufacturing of Illegal Drugs: Penalties can include lengthy prison sentences and significant fines.
Prescription Drug Fraud: Convictions can result in prison sentences and substantial fines.

Specific Cases:

State v. Chicone: A landmark Florida Supreme Court case establishing the requirement for the state to prove knowledge of the illicit nature of the controlled substance.
State v. Harris: A case that highlighted the importance of challenging the methods used by law enforcement in drug investigations.

Can the Charges Be Dropped?

Yes, drug crime charges can be dropped if:

Lack of Evidence: Insufficient evidence to support the charges.
Procedural Errors: Violations of legal procedures during the investigation or arrest.
Successful Negotiation: Negotiations leading to plea deals or agreements.

FAQs:

Q: Can drug crime charges be expunged?
- A: In some cases, yes. It depends on the specifics of your case and whether you qualify under Florida law.
Q: How long do drug crime investigations typically take?
- A: Investigations can vary significantly in length, often taking several months due to their complexity.
Q: What should I do if I believe I’m under investigation for a drug crime?
- A: Contact a defense attorney immediately and avoid discussing the matter with anyone except your legal counsel.

If you or a loved one is facing drug crime charges, it is crucial to seek experienced legal representation. Contact our office today for a confidential consultation to discuss your case and explore your options.