Miami Drug Possession Lawyer
Florida Drug Possession Laws
Have you been arrested for drug possession? Although this is typically considered the least serious of all drug charges, a person accused of drug possession in Florida may be at risk of facing felony charges in some situations.
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WHAT ARE PENALTIES FOR DRUG POSSESSION IN FLORIDA?
The type of drug involved as well as the amount will impact potential charges and final sentencing upon a conviction, as will the presence of any items that may indicate an intent to distribute. Because of this, you could be looking at anywhere from one year in jail and fines up to $1,000 all the way to jail time of up to 30 years and fines up to $750,000
In some cases, a defendant accused of drug possession may be eligible for alternative sentencing, most often a drug rehabilitation or treatment program to avoid imprisonment and or conviction. This is most often an option available to first time drug offenders with no prior criminal record, and to juveniles.
Possession with Intent to Sell Laws in Florida
In Florida, a defendant may face misdemeanor or felony charges for drug possession with the intent to sell or distribute. A more serious offense than simple possession, possession with intent involves a defendant who was allegedly in possession of drug and/or drug paraphernalia or other items that indicated that he or she had the intention to sell or distribute the drugs.
Possession with Intent: NOT GUILTY
Client was arrested and charged with Conspiracy and Possession with Intent to Distribute 150 kilograms of Cocaine. Mr. Mirer took the case to trial and vigorously defended his client in court against the United States Government prosecutors. Result: NOT GUILTY!
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How is intent determined?
There are various factors that may play an important role in a criminal case involving drug possession with the intent to sell or distribute.
These factors may include:
- The presence of drug paraphernalia
- The presence of items like measuring scales, baggies, large amounts of cash, client lists, PDAs and other similar items
- Any statements that the defendant said regarding the drugs and his or her intent to sell these
- Where the drugs were in relation to drug paraphernalia and other items
- The presence of large amounts of cash, a customer log, pager, or PDA
- The quantity of drugs involved
- The manner in which the drugs were packaged, stored or presented
If you have been accused of possession with intent or have been arrested for any type of drug crime in South Florida, you will need a Miami criminal attorney who can begin immediately in protecting your legal rights, offering you the full protection the U.S. Constitution and legal system have to offer.
Charged with Possession for Sale in Florida?
Possession for sale is a more serious form of drug possession that involves having controlled substances and other items in one's possession that indicate the defendant's intent to sell or distribute. As drug distribution is a more serious criminal offense than simple drug possession, possession for sale may result in enhanced charges and penalties if the defendant is convicted.
Although the prosecuting attorney may have worked with law enforcement to bring a great deal of physical evidence against you, as well as potential witness testimony, there are always options your attorney can explore in building an effective defense strategy on your behalf nonetheless.
For example, the drugs or drug paraphernalia may have been discovered by law enforcement in the absence of a valid search warrant or probable cause. This may be grounds to have that evidence dismissed, under the Fourth Amendment to the U.S. Constitution, protecting you against unreasonable search and seizure.
What to Do if You Were Arrested for Possession in Miami
It is important to involve a Miami criminal defense lawyer at the Law Office of Michael Mirer, P.A. as soon as possible to ensure that your Constitutional rights and interest are protected from the onset of any criminal proceedings.
An experienced trial attorney and former Miami-Dade prosecutor, Michael Mirer is fully qualified to handle your drug possession case. Mr. Mirer assists clients facing all types of drug crime charges throughout all of Miami and the surrounding areas in the greater South Florida.
Attorney Mirer has over a decade of experience to dedicate to building a strong and effective legal strategy on your behalf, and he is fully devoted to acting as a tireless advocate for his clients' rights.
To learn more about your possession charges and how an attorney can work to minimize the potential penalties you may face, contact Miami drug possession attorney Michael Mirer today.
