Miami Drug Crime Lawyer

We represent clients in the following types of drug cases:

• Possession of a controlled substance
• Drug paraphernalia
• Drug trafficking
• Marijuana offenses
• Possession with intent to sell
• Possession with intent to distribute
• Sale of delivery of a controlled substance
• Unlawful use of a communications facility

Attorney E.J. Hubbs has received certification in Criminal Trial Law by the Florida Bar. This certification is the highest level of evaluation by the Florida Bar of competency and experience within an area of law and reflects the highest professionalism and ethics in the practice of law.

As your Miami drug crime lawyer, E.J. Hubbs applies his extensive knowledge of Florida drug laws to defend against drug crime charges. He handles motions to dismiss for insufficient evidence, motions to exclude prejudicial evidence, and motions to suppress illegally obtained evidence.

Drug crime investigations in Miami often involve multiple agencies, including local police, state investigators, and, in some cases, federal law enforcement. Each agency may use different investigative techniques and take cases to separate courts, which influences the defense strategy required. Our knowledge of how evidence is gathered and how prosecutors prepare cases in Miami-Dade helps us challenge unlawful searches or mishandling of evidence. Miami’s diverse neighborhoods and major transportation centers also raise unique issues, as police closely monitor drug distribution or alleged trafficking near areas with high visitor traffic.

Florida’s Drug & Narcotics Laws

The Florida Comprehensive Drug Abuse Prevention and Control Act is set forth in Chapter 893 of the Florida Statutes. The Act regulates the manufacture, distribution, preparation, and dispensing of controlled substances.

Under Florida law, controlled substances, prescription drugs, and other narcotics fall into one of five different schedules.

The controlled substance schedules are as follows:

• Schedule I substances have a high potential for abuse and no currently accepted medical use in the United States (includes substances such as cannabis and heroin). See Section 893.03(1), F.S.
• Schedule II substances have a high potential for abuse and a currently accepted but severely restricted medical use in the United States (includes substances such as raw opium, fentanyl, and codeine). See Section 893.03(2), F.S.
• Schedule III substances have a potential for abuse less than the substances contained in Schedules I and II and a currently accepted medical use in the United States (includes substances such as stimulants and anabolic steroids). See Section 893.03(3), F.S.
• Schedule IV substances have a low potential for abuse relative to substances in Schedule III and a currently accepted medical use in the United States (includes substances such as benzodiazepines and barbiturates). See Section 893.03(4), F.S.
• Schedule V substances have a low potential for abuse relative to the substances in Schedule IV and a currently accepted medical use in the United States (includes substances such as mixtures that contain small quantities of opiates, narcotics, or stimulants). See s. 893.03(5), F.S.

The classification system is based on legal assumptions concerning whether the substance has a currently accepted medical use as provided in Section 893.03, F.S. A second reason for the ways drugs are classified is based on legal assumptions made about the substance’s “potential for abuse.”

Section 893.035(3)(a), F.S., defines “potential for abuse” to mean that a substance has properties as a central nervous system stimulant or depressant or a hallucinogen which create a substantial likelihood of its being:

• Taken on the user’s own initiative rather than on the basis of professional medical advice
• Used in amounts that create a hazard to the user’s health or safety of the community
• Diverted from legal channels and distributed through illegal channels

Criminal Penalties for Drug & Narcotic Crimes in Florida

Chapter 893, F.S., sets out provisions criminalizing conduct involving controlled substances. Most penalties are under s. 893.13, F.S., which covers crimes and their punishments for:

Under 893.13, F.S., the punishments for drug crimes in Florida are generally more serious depending, in part, on the classification of the drug in one of the five schedules. The penalties can also be enhanced for other reasons, such as the quantity of the controlled substance involved or the location where the violation occurred.

For drug trafficking crimes, Florida Statute Section 893.135, F.S. contains the most serious penalties, including mandatory minimum sentences and fines, which dramatically increase the punishment as the quantity of the controlled substance involved increases.

Florida law also first created an Analog Statute in 1987 in order to regulate emerging substances that are not yet listed as controlled substance in one of the five schedules.

Can You Get Drug Charges Dropped in Florida?

Since many drug arrests in Florida involve finding drugs in a home or car, it may not be entirely clear who possessed or controlled the drugs.

The charged person must have full knowledge of possession—if the person is unaware of the drugs, no crime has been committed.

How to Defend Against Drug Crime Charges

Miami gained notoriety in the 1980s as drug cartels used the city as a conduit for drug shipments into the U.S. While violence associated with drug trafficking has declined, the city’s waterfront location keeps it a focal point for drug trafficking and enforcement operations.

Effective criminal defense in drug crime cases starts with reviewing each part of the arrest, from the reason for the traffic stop or search to the intake at a Miami detention center. Our attorneys examine police conduct and protect your constitutional rights. Law enforcement may use confidential informants or surveillance—our team challenges unreliable witness statements or questionable surveillance when needed. We file legal motions to suppress evidence gathered through improper warrants or unlawful searches and address weaknesses in the prosecution’s claims. We stay current with patterns in Miami-Dade court dockets to adapt defense approaches to local practices and expectations.

Every criminal charge involving narcotics, controlled substances, or drugs should be taken seriously. A capable, diligent criminal defense can sometimes reduce charges or penalties.

An attorney experienced with drug crime defense looks for possible legal issues with how an arrest or search was conducted, which may result in charges being reduced or dismissed. Many narcotics offenses qualify for consideration in Miami-Dade County Drug Court.

Alternatively, a skilled drug crimes attorney familiar with these drug crime cases can sometimes help a first-time offender qualify for a pre-trial diversion program, reducing harsher consequences when possible.

Contact Our Drug Crime Attorney in Miami Today

At Hubbs Law, P.A., our Miami drug crime lawyers proudly serve people facing narcotics, controlled substance, or drug charges across Miami-Dade County and throughout Florida. Reach out to discuss how we can help you.

Contact Hubbs Law, P.A., by calling (305) 570-4802 today to get started on your defense with our Miami drug crime lawyer.

FAQs

How long does the drug crime legal process take in Miami?

The length of time to resolve a drug charge depends on the case’s complexity and the court’s schedule. Some matters resolve in a few weeks, while others may take months or longer if they proceed to trial or multiple hearings.

What happens at a first court appearance for a drug charge?

At your initial hearing—often held at a local facility like the Richard E. Gerstein Justice Building—the judge will explain the charges, review bail or release conditions, and schedule future court dates. Having a drug crime lawyer in Miami at this stage helps protect your rights from the very beginning.

Will a drug charge stay on my record permanently?

Drug charges can remain on your record, even if you are not convicted, unless you go through Florida’s expungement or sealing process. Whether you are eligible depends on the case outcome and the specific charges involved.