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Possession of Heroin

Heroin is an opioid pain killer.  Heroin is derived by adding two acetyl groups to the molecule morphine.  It can be ingested orally, snorted, smoked, or most commonly, injected into the bloodstream. 

Heroin is popular amongst users due to the rush of euphoria experience immediately after use.  Heroin is extremely addictive.  It is also extremely dangerous and is responsible for increasing deaths in recent years.

The heroin epidemic has spread to Miami.  According to the Florida Department of Law Enforcement, heroin deaths rose almost 100 percent in Miami-Dade, almost 210 percent in Broward County, and 425 percent in Palm Beach County over the first half of 2015. 

A conviction for possession of heroin is very serious and is punishable by up to 5 years in the Florida State Prison.  In addition, a conviction for possession of heroin is a controlled substance violation and will result in a defendant’s removal from the United States if he is not a United States citizen.

Attorney for Possession of Heroin in Miami, FL

If you were charged with possession of heroin in Miami, FL, you need a seasoned criminal defense attorney to represent you. Hubbs Law defends clients who are charged with a variety of drug charges including possession of heroin.

E.J. Hubbs is Board Certified in the area of criminal trial law by the Florida Bar. Only a small percentage of criminal defense attorneys are board certified. Every board certified criminal trial lawyer is required to submit detailed proof of their experience in criminal law including completion of a minimum of 25 jury trials to verdict.

E.J. Hubbs has experience as a both prosecutor and a criminal defense attorney.  His experience as a prosecutor gives him unique insight into the weaknesses in the prosecution’s cases including how to effectively fight the case.

Hubbs Law represents clients throughout Miami-Dade County, including Miami, Hialeah, Miami Beach, Cutler Bay, Coral Gables, Miami Gardens, Kendall, Doral, and other communities. Call Hubbs Law today at (305) 665-9040 to set up a free consultation.

Penalties for Possession of Heroin

Under the Florida Statutes, Chapter 893, § 893.13, Possession of Heroin is a third-degree felony, punishable by a maximum of five years in prison and a fine of up to $5,000.

The minimum penalties for Possession of Heroin typically involve probation, a substance abuse evaluation, a possible treatment program, urine tests, and community service hours.  Some offenders will be offered admission into the Miami-Dade County Drug Court Program depending on their prior criminal record.

A conviction for Possession of Heroin can also result in many other non-criminal related consequences including a driver's license suspension, loss of employment, or loss of educational opportunities. If you are not a United States citizen, a conviction for Possession of Heroin will result in you being placed in removal proceedings (deportation) from the United States.

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Possible Defenses for Possession of Heroin

The most common defense for Possession of Heroin is lack of knowledge. To prove someone is guilty of possession of Heroin, the prosecutor must prove beyond a reasonable doubt that:

    1. A person knowingly possessed a substance; and
    2. The substance was Heroin

It is a legitimate defense if the substance is not Heroin. The State is required to test the substance prior to your trial. This is done by a chemist at the Florida Department of Law Enforcement (FDLE). If the chemical test reveals a substance other than Heroin, you will be acquitted of your Possession of Heroin charge.

If the substance is Heroin, but you did not know that you possessed the illegal substance, then you are legally not guilty of the crime. The most common instance of this situation involves the law of "constructive possession”.  If drugs are found in a jointly occupied area, the State will have a difficult, if not impossible, time proving that you had knowledge of the drugs without other evidence. 

Finally, it as an affirmative defense to Possession of Heroin if you did not know of the illicit nature of the substance.

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Additional Resources

Florida Department of Law Enforcement - Statistics involving the deaths of persons in Florida from different controlled substances.

Florida Statutes, Title XLVI, Chapter 893, § 893.13  — Read about the Florida laws and penalties related to possession of Heroin and other controlled substances.
Miami-Dade County Drug Court (MDDC) — The Miami-Dade County Drug Court was created in 1989 as the first drug court in the U.S. The MDCC site details court operations and has links for resources, services, and other useful documents.

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Find an Attorney for Possession of Heroin

If you were arrested for Possession of Heroin contact Hubbs Law today. E.J. Hubbs, will listen to the facts of your case, explore possible legal defenses, discuss motion issues, discuss case strategy, and guide you through each step of the process.

In some cases, E.J. Hubbs can persuade the State Attorney’s Office not to file formal charges.  In other cases, he can negotiate entry into the Miami-Dade County Drug Court Program. Finally, E.J. Hubbs is always capable of preparing your case to go all the way to trial.

Call Hubbs Law at (305) 665-9040 to schedule your free consultation today.

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