Drug Crimes

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Miami Drug Crime Lawyer

Defending Against Drug Crime Charges in Florida

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.

Ever since the government declared the “war on drugs”, Miami has been at the forefront of this battle due to it’s proximity to Latin American countries and it’s access to various ports of entry. The penalties in Florida for a conviction on drug, narcotics, or controlled substances charges—even possession of a small amount—are often severe.

Suppose you or your loved one are arrested for a drug-related crime in Miami-Dade County or anywhere in Florida. In that case, it is vital that you reach out to the experienced Miami drug crime attorneys at Hubbs Law, P.A., right away. We can help you build a sound, personalized defense to achieve the best possible outcome in your case.

Have you been arrested for a drug crime in Miami-Dade County? Call Hubbs Law, P.A., today at (305) 570-4802 or contact us online to schedule a free consultation with our drug crimes attorney in Miami. 

What are the Penalties For a Drug Conviction in Florida?

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 
  • 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, P.A.`s experienced criminal attorneys defend clients arrested in North Miami, South Miami, and throughout Miami-Dade County. The latter face misdemeanor or felony charges for the possession, sale, manufacture, delivery, or trafficking of drugs, narcotics, or controlled substances.

We represent clients in the following types of drug cases:

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 crime lawyer, E.J. Hubbs can use his extensive knowledge of Florida drug laws to fight your drug crime 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:

  • Possession
  • Sale
  • Purchase
  • Manufacture
  • 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 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'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 criminal defense may lessen the severity of the charge.

A skilled attorney who has experience in defending drug crime charges may 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 drug crimes attorney experienced in these drug crime cases can often find a way to qualify a first-time offender for a pre-trial diversion program, which helps minimize the adverse circumstances that might otherwise occur.

Contact Our Drug Crime Attorney in Miami Today 

At Hubbs Law, P.A., our Miami drug crime lawyers 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 Hubbs Law, P.A., today to get started on your defense with our Miami drug crime lawyer.

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Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

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