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If you were arrested for or if your loved one is facing heroin possession charges in Miami-Dade County or throughout the state of Florida, Hubbs Law Firm is ready to protect your rights. Our Miami drug crime attorneys have extensive experience, including past experience as prosecutors. We understand what is at stake and we are prepared to aggressively advocate for you.
Heroin is an opioid pain killer. It 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 five 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.
Trust Your Defense to Our Experienced Team
If you were charged with possession of heroin in Miami or throughout Florida, you need a seasoned criminal defense attorney to represent you. Hubbs Law Firm defends clients who are charged with a variety of drug crimes, including possession of heroin.
Attorney E.J. Hubbs is Board Certified in 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.
Our attorneys have experience as both prosecutors and criminal defense attorneys. This experience in prosecution gives them unique insight into the weaknesses in the prosecution’s cases, including how to effectively fight the case.
At Hubbs Law Firm, we represent clients throughout Miami-Dade County, including Miami, Hialeah, Miami Beach, Cutler Bay, Coral Gables, Miami Gardens, Kendall, Doral, and the surrounding areas.
Penalties for Possession of Heroin in Florida
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:
- Driver's license suspension
- Loss of employment
- Loss of educational opportunities
Furthermore, 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.
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:
- A person knowingly possessed a substance; and
- 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.
Find an Attorney for Possession of Heroin Charges in Miami
If you were arrested for possession of heroin, contact Hubbs Law Firm today. Our team 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, we can persuade the State Attorney’s Office not to file formal charges. In other cases, we can negotiate entry into the Miami-Dade County Drug Court Program. Regardless of your unique situation, we are always capable of preparing your case to go all the way to trial.
Call Hubbs Law at (305) 570-4802 to schedule your free consultation today.
- 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.
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.
Now my children and I are safe and I can’t say enough how amazing and attentive he was to my concerns.Elena Varela
"The moment I spoke to Hubbs (the attorney), I was hopeful. He cared to listen, was honest, gave me his humble opinion, listed possible outcomes, and most importantly, he told me to come in because he thought there was a fighting chance."Carlos G.
Mr. Hubbs’ consistency throughout our case had us feeling at easeMelissa Fernandez