Miami Drug Crime Lawyer

Miami Drug Crime Attorney

If you or a loved one has been charged with a drug crime, it is essential that you reach out for legal guidance. Drug crime charges should not be taken lightly, as they can stick with you for life. While your case may not seem like a big deal right now, it can quickly morph into a situation that feels out of your control. A Miami drug crime lawyer can assess your case and help you navigate the legal complexities that you may be unfamiliar with.

The Law Offices of Barry M. Wax: Skilled Drug Crime Attorney in Miami

At the Law Offices of Barry M. Wax, we offer the guidance you need to protect your freedom and your future. Regardless of the severity of your case, we’re ready to help. Having spent years assisting others like you, we can take the heavy legal burden off your shoulders so you can focus on your own well-being during this stressful time. Whether it’s possible to have your charges fully dropped or your penalties lessened, we work tirelessly on your behalf.

Drug Laws in Florida

The state of Florida has five classifications for various drugs. These range from the most dangerous and addictive to the least serious. Possession of smaller quantities of less dangerous substances is often classified as a misdemeanor. Some examples of misdemeanor charges may include possession of small amounts of cannabis or possession of controlled substances without a valid prescription.

While drug overdose deaths have decreased by 7% since 2022, the state of Florida still maintains strict drug laws. The state schedule for drug classifications is as follows:

• Schedule I: This category is for seriously dangerous drugs, some of which include heroin and ecstasy. These drugs cannot be used safely in any capacity, which is why possession of them is treated so severely. They are extremely addictive and can cause significant damage to the human mind and body when used.
• Schedule II: Drugs included in this category are highly addictive and destructive, though not as much as those in Schedule I. Some examples include cocaine, fentanyl, and meth. These drugs are not categorized in Schedule I because they may be used medically to help certain patients in some circumstances.
• Schedule III: This category includes drugs that can still cause significant damage when abused, but significantly less so than drugs in the previous two categories. These drugs may be used for medical treatments, although they still require the administration and oversight of a medical professional. Examples of such drugs include codeine, ketamine, and some steroids.
• Schedule IV: Drugs in this category are typically not regarded as dangerous or highly addictive, though they still pose certain threats when used without medical advice and supervision. They are typically prescribed by a doctor to help patients facing physical or psychological challenges. Examples include Xanax, Ambien, Valium, and others.
• Schedule V: This category is reserved for drugs with the smallest possibility of causing addiction or adverse effects. These types of drugs are also commonly used for medical treatment. However, they are still illegal to possess without prescriptions and may not be trafficked, manufactured, or distributed.

Drug Charges – Misdemeanors

Misdemeanor drug charges include offenses involving substances from Schedule I only. The state of Florida handles drug crimes extremely seriously, which is why only a select few types of drug offenses are classified as misdemeanor charges.

The penalties for being convicted of a misdemeanor drug charge will be significantly less severe than for felony charges, but they can still have significant negative effects on your life. An individual convicted of such a crime may be required to spend time in jail and pay $500 to $1,000 in fines. Additionally, they may be given mandatory community service hours.

Drug Charges – Felonies

A drug charge is subject to being classified as a felony if the quantity is large enough or if the drug you were found in possession of is classified as anything higher than a Schedule I. Some drugs that are automatically linked to felony charges include cocaine, opioids, steroids, and more. Opioids and stimulants have been responsible for over 50% of drug-related deaths in Florida since 2022.

There are different degrees of felony charges, ranging in severity from first-degree to third-degree. The charge a person receives may depend on a variety of factors, such as how much of a certain drug they were found in possession of; what type of drug they were found in possession of; whether they were selling, manufacturing, or distributing; and who they were selling to.

First-degree and second-degree felony charges for drug offenses may result in fines of up to $10,000 and imprisonment. Third-degree felony charges may result in fines of up to $5,000 and potential imprisonment. While these may sound harsh, an experienced Miami can help you seek a lesser sentencing or assist you in fighting to have the charges dropped altogether.

Possession vs. Trafficking

The legal language used regarding drug charges can often be technical and confusing. However, it is important to understand exactly what you are being charged with. While your defense lawyer can review all aspects of your case with you, one important distinction to understand is the difference between a possession charge and a trafficking charge.

Possession refers to an instance in which an individual has a small amount of drugs that they intend to use personally. This typically does not include cases where many types of drugs are found on one person. The penalties for possession can be significantly less severe than those for trafficking, though they can still have severe consequences.

Trafficking refers to instances in which individuals are found with large amounts of drugs and, potentially, multiple types of drugs. In these cases, the individual is determined to have such large amounts because they have the intention of selling them.

Defense Methods

An experienced drug crimes attorney can determine the defense method that is appropriate for your circumstances. Drug crime cases are unique to each individual, meaning each defense strategy needs to be unique as well. The approach a Miami criminal defense attorney takes will depend on the details of your case, such as what evidence is available and being used by the prosecution, your criminal history, and potentially even the judge trying your case.

In 2023, the annual number of drug arrests in Florida totaled 88,623. In light of such high statistics, it is vital to have a strong defense strategy. The following are common examples of defense methods that an attorney may use in your case:

Claiming Illegal Search and Seizure

The Fourth Amendment of the Constitution protects everyone from being searched and having their property seized unless law enforcement has obtained the legal authority to do so, such as having a warrant or probable cause. This is a commonly used defense because if it can be proven, the charges against you may be dropped since the evidence was obtained illegally.

Lack of Evidence

In every criminal case, the prosecution is required to meet a burden of proof, meaning they must have sufficient evidence to prove that you knowingly and intentionally committed the crime in question beyond a reasonable doubt. If such evidence is lacking, your defense attorney may be able to use this as grounds for having your case dismissed or your penalties lessened. This tactic is often used in conjunction with other defense strategies.

Challenging Your Involvement

If you have been charged with a drug crime but were not involved in illegal activity, such as being found in the same location as someone who was trafficking drugs, your defense attorney may argue that you committed no crime by simply being near it. For example, if drugs were found in a vehicle in which you were a passenger, your attorney can argue that you were not aware of their presence and, therefore, are innocent of all charges.

Entrapment

In some cases, a defendant may feel that they were coerced by law enforcement into committing the crime they have been charged with. If such circumstances can be proven, you may be released of all charges and penalties. However, this can be difficult to prove and is only used in specific circumstances.

Why Choose Us?

Barry M. Wax, Attorney at Law, has years of experience in defending individuals charged with criminal offenses. As past President of the Florida Association of Criminal Defense Lawyers, he has seen and handled many cases similar to whatever you may be facing. His dedication to criminal defense law allows him to bring more experience and understanding to your case than another lawyer might be able to.

If you have been charged with a drug crime, no matter the severity of your charge, Barry M. Wax can help. Drug charges should not be taken lightly. An important first step is to hire an experienced Miami drug crime attorney to represent you in court and defend your case against the prosecution. The choice to hire a lawyer, and which lawyer you choose, can make all the difference in the outcome of your case.

FAQs About Miami, FL Drug Crime Law

How Much Does a Criminal Lawyer Cost in Florida?

The cost of a criminal lawyer in Florida will be different for each client. Some factors that may affect the overall cost include the severity and complexity of your case, the geographical area in which you live, and what point in the process you’re at when you hire a lawyer. Additionally, the method by which a lawyer charges may also affect your overall cost. Some lawyers charge flat rate fees for each service, while others have hourly fees.

How Do You Beat a Drug Possession Charge in Florida?

It is important to understand that even when you hire an experienced, skilled lawyer, you may not be able to have your drug possession charges completely dropped. However, a lawyer can take many steps to help decrease the severity of your penalties and to possibly get your charges dropped. Some methods they may use include challenging certain actions taken by police during your arrest, disputing the evidence that is brought against you, or offering a negotiation deal to the prosecution.

What Is the Minimum Classification for a Drug Charge in Florida?

In Florida, the minimum classification for a drug charge is a first-degree misdemeanor, which is for cases involving possessing small amounts of cannabis or a controlled substance. Penalties for a conviction may include being required to pay a $500 fine and serving up to 100 hours of public service. However, it is important to understand that such penalties may be more severe for individuals who have prior convictions.

What Drug Charges Are Considered Felonies?

Multiple drug charges are classified as felonies. Some of these include drug trafficking, drug manufacturing, and possessing drugs with the intent to sell. However, certain cases of possession can be classified as a misdemeanor if the person charged was only in possession of a small amount. In all cases, the type and quantity of drugs involved play a significant role in how the charge is handled.

Hire a Drug Crime Lawyer: Barry M. Wax

Drug crimes can vary significantly in their impact on your life. While it is vital to recognize the seriousness of a drug crime charge, it is also essential to understand that you can take steps to increase your chances of achieving a favorable outcome. Located conveniently in the heart of Miami at 701 Brickell Ave, Ste 1550, Miami, FL 33131, we are here to serve you.

At the Law Offices of Barry M. Wax, we understand the legal complexities you are facing. While there are many uncertainties in your future, we can step in to help guide you through the legal process. We have helped many clients fight the same obstacles you’re facing, fighting for them both in and out of the courtroom. We are equipped to do the same for you. Contact us today to learn more about how we can be of help and to ask any questions you may have.