Miami Drug Crime Attorney
Reliable Representation for Floridians Facing Serious Charges
Whether it is so-called "street drugs"—such as marijuana, cocaine, or ecstasy—or prescription drugs with trade names such as OxyContin, Vicodin, or Valium, drugs, narcotics, and controlled substances account for more arrests than any other crime category. According to the FBI, more than 1.5 million drug-related arrests were made across the U.S. in 2013.
South Florida, particularly the Miami area, remains on the front lines of the national "war on drugs." The penalties in Florida for a conviction on drug, narcotics, or controlled substances charges—even possession of a small amount—are often severe. If you or your loved one has been arrested for a drug-related crime in Miami-Dade County or anywhere in Florida, it is important that you reach out to the experienced Miami drug crime attorneys at Hubbs Law Firm right away. We can help you build a sound, personalized defense aimed at achieving the best possible outcome in your case.
Can You Get Drug Charges Dropped In Florida?
Since many drug arrests in the state of 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, there has been no crime committed.
Contact Hubbs Law Firm online or call (305) 376-7178 for a free, confidential consultation.
Consequences of a Drug Crime Conviction
In addition to the possibility of jail or prison, a person convicted on a drug charge may also be required to pay expensive fines.
Additional penalties for a drug conviction include probation, community service hours, drug counseling and/or treatment, random drug testing, and the potential suspension of driving privileges. Many drug crimes also involve the forfeiture of money or property connected with drugs.
A person convicted of a drug charge may also find that certain opportunities for employment, education, and housing are diminished.
Types of Drug Crime Cases We Handle
Hubbs Law Firm’s criminal attorneys are experienced in defending clients arrested in North Miami, South Miami, and throughout Miami-Dade County who face misdemeanor or felony charges for the possession, sale, manufacture, delivery, or trafficking in drugs, narcotics, or controlled substances.
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 is Board Certified 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 defense attorney, E.J. Hubbs can use his extensive knowledge of Florida drug laws to fight your charges. He is experienced in filing and litigating motions to dismiss based on insufficient evidence, motions to exclude unduly prejudicial evidence, and motions to suppress illegally-obtained evidence.
Florida's Drug & Narcotics Laws
The Florida Comprehensive Drug Abuse Prevention and Control Act is found in Chapter 893 of the Florida Statutes. The Drug Act regulates the manufacture, distribution, preparation, and dispensing of controlled substances. Under Florida law, controlled substances, prescription drugs, and other narcotics are classified 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. contains a variety of provisions criminalizing behavior related to controlled substances.
Most of these provisions are found in s. 893.13, F.S., which criminalizes and provides the penalties for:
- Delivery of controlled substances
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 a controlled substance in one of the five schedules.
Avoiding Harsh Penalties for Narcotics Crimes
Miami's reputation was tarnished during the 1980s when drug cartels used the city as a major hub for drug shipments coming into the U.S. The alarming murder rates associated with drug trafficking during that time have diminished, but with its waterfront location, Miami remains a major location for drug trafficking and drug use.
Any criminal charge for narcotics, controlled substances, or drugs is a serious matter, but a capable, effective defense may lessen the severity of the charge. A skilled attorney who is experienced in defending drug charges may be able to find issues related to the legality of how the arrest or search was conducted, resulting in a reduction or dismissal of the charge.
Many narcotics charges are eligible for disposition in Miami-Dade County Drug Court. Alternatively, a skilled Miami drug crimes defense attorney experienced in these types of cases can often find a way to qualify a first-time offender for a pre-trial diversion program, which helps to minimize the adverse circumstances that might otherwise occur.
At Hubbs Law Firm, our criminal defense attorneys proudly serve clients who face charges for narcotics, controlled substances, or drugs throughout Miami-Dade County and all of Florida. Reach out to us today to find out how we can help.
Contact us online or by phone at (305) 376-7178 today.