Were You Arrested for Drug Possession in Florida? A Defense Lawyer Can Help if You’re Accused of a Drug Possession Crime in Miami
An experienced and aggressive Miami drug possession attorney and other types of drug crimes and charges attorney in Miami knows how to work with prosecutors on the other side, what alternative options of charges and resolutions are available, and when you have the possibility of a reduction or even dismissal of the possession of a controlled substance charge, also more commonly known as “drug possession charge“.
Contact us now at (305) 317-1529 for a confidential and free consultation with a top-rated Miami Criminal Defense Attorney
If you or a loved one are facing accusations of drug possession charges in South Florida, call Wichman Law Firm at (305) 317-1529 today for a free consultation.
(855) WICHMAN toll free
(305) 317-1LAW
(305) 317-1529
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Charged with Possession of a Controlled Substance? What Controlled Substance Means in Florida
It is against the law at the State of Florida level, and the federal (USA) level to possess a controlled substance, aka illegal drug possession. In Florida, controlled substances are defined under Florida Statue Sec. 898.03, which essentially lays out a extensive and detailed list of different drug types and divides them up into five different schedules of classification.
- Schedule one – There is no accepted medical use and has a high potential for drug abuse, examples include: LSD, Herion, ecstasy.
- Schedule two – There is a high potential for drug abuse but has some accepted medical uses, examples include adder all, fentanyl, cocaine, methamphetamine, oxycodone, morphine, Vicodin
- Schedule three – There is less potential drug abuse than Schedule one or two drugs, and also has some accepted medical uses, examples include ketamine, anabolic steroids, some testosterone products
- Schedule four – There is lower risk of drug abuse and accepted medical use, examples include ambient, valium, Xanax, and ativan
- Schedule five – The lowest drug abuse potential, usually small amounts of controlled substances, examples include motormen, Lyrica, and cough syrups that include codeine
It is important to know what schedule a particular drug is that you are charged with of possessing illegally in Miami, because penalties associated with the different types of charges are configured based on the schedule drug classification.
Call our Miami Dade County Criminal defense attorney today to let us help you understand your drug possession charges and how we can help in your defense at (305) 317-1529.
Common Miami Possession of Controlled Substance Charges
Depending on the particular facts and circumstances of your arrest and case, and what drugs are involved and attributed to you as possessing, you may be charged with one or more of the following common drug possession or controlled substances possession charges in Miami:
Marijuana Drug Possession Charge
Depending upon the amount of marijuana possession your are alleged to possess, this amount will determine whether you can be charged with a felony or misdemeanor. Felonies will be amounts that go beyond a personal amount for marijuana, and misdemeanors are less then that, and perhaps even as little as a single marijuana seed or even residue.
Cocaine Drug Possession Charge
Any amount of cocaine in your possession in Miami could result in hefty fines and long incarceration, as it is a serious crime in the State of Florida. Whether cocaine was found on your person, in your clothes or bag, in your vehicle, or on your home property you will be charged with a felony and face imprisonment that is multiple years in State of Florida prison.
Heroin Drug Possession Charge
Possessing heroin in any way is unlawful and will be charged as a felony under the applicable State of Florida criminal codes. Even an amount less than 1 gram in your possession could place you in jail for a time period of multiple years. A greater amount could lead to decades in prison as it could then start to look like you are distributing rather than just possession for personal use.
Methamphetamine Drug Possession Charge
Having any type of methamphetamine under your possession and control without any sort of prescription is illegal in Florida and throughout the United States. If meth is found on your person, in your car, or in your house, then a felony for possession of methamphetamine will be charged in the Miami Dade County Courthouse and you will be facing multiple years in prison for even the slightest amount.
Federal Drug Possession Crime Charge
If you have been accused of possession of a controlled substance on federal property, such as a US government building, or international airport like Miami International Airport (MIA), or crossed state lines in a vehicle, train, or plane…or even walked…you can be charged in federal court for drug possession. These federal drug possession cases are prosecuted differently in that they fall under the US Laws and not Florida laws, however, your court could still be in Miami Dade County, just under a different legal system. Do not hesitate to contact federal drug crime lawyer Kevin Wichman also for help with this type of federal case.
Contact us now at (305) 317-1529 for a confidential and free consultation with a top-rated Miami Criminal Defense Attorney
Common Punishment and Penalties for Drug Possession Convictions in Miami, FL
Florida takes drug possession charges very seriously and has serious jail and fine amounts attributed to possessing different schedules of drugs in Miami or elsewhere in the State of Florida. It does not matter if your are resident, visitor, or in the country illegally, any person possession these drugs is subject to the laws of the State of Florida and the laws of the USA and will be held accountable if convicted. The punishments for different drug crimes can include:
- possession of a controlled substance misdemeanor in the second degree -> up to 60 days in jail and fine of up to $500
- possession of a controlled substance misdemeanor in the first degree –> up to 1 year in jail and fine of up to $1,000.
- possession of a controlled substance felony in the third degree –> up to 5 years in jail and a fine of up to $5,000.
Call us today so that our Miami drug possession defense lawyer can help you defend against your possession of a controlled substance charge in the Miami Dade County Courts.
(855) WICHMAN toll free
(305) 317-1LAW
(305) 317-1529
Free Consultation
Payment Plans Available
Impact and Other Consequences of a Drug Possession Conviction from Miami-Dade County FL Court
Beyond substantial prison sentences and fines being possibly ordered by the Miami Court as punishment, consequences can extend further in immeasureable ways, such as:
- loss of voting rights
- loss of gun ownership rights, including for defense and hunting
- trouble finding a job
- trouble finding an apartment to rent
- trouble getting a loan or home mortgage
- trouble obtaining financial aid or government benefits
- denial of a visa, permanent residency, or citizenship status
- denial of certain professional licenses
- adverse effects to child custody, visitation, and child support
Defending Against Miami Drug Possession Allegations
Drug possession crimes in Miami can be extremely complicated and every case is unique. By contacting our office and discussing your matter with an experienced Miami criminal defense lawyer at Wichman Law Firm, you can learn how to handle your specific and unique controlled substance possession charge circumstances.
Criminal Attorney Kevin Wichman has over 15 years of experience in defending people accused of drug possession and knows how to investigate your case and build the strongest defense possible for your case out of one of the Miami Dade County Courthouses. If there is an issue with the State of Florida’s case against you, he will know what to look for, and how to handle it strategically so that you get the best possible outcome for your possession of a controlled substance case in Miami.
Some effective defenses in Miami drug possession cases include:
- constitutionality of your arrest under Florida and USA law
- constitutionality of the evidence against you under Florida and USA law
- sufficiency of credible evidence to prove drug possession beyond a reasonable doubt, or even probable cause
(855) WICHMAN toll free
(305) 317-1LAW
(305) 317-1529
Free Consultation
Payment Plans Available
Contact a Miami Drug Possession Lawyer Today
Hiring a Miami drug possession defense attorney should be your first and most important move when facing any accusations of illegal drug possession or possession of a controlled substance charge. Miami Defense Attorney Kevin P. Wichman is a top rated criminal defense attorney covering all the Miami Dade County Courthouses for the City of Miami, Miami-Dade County Courthouses for the State of Florida, and the Federal Courthouses for the US Government, and can help you wherever you are charged and are summoned to court for trial on the accusations.
He will investigate fully the facts, evidence, and defenses and challenge the witnesses and other evidence against you and presented by the prosecutors in Miami. He will work hard to get an outcome that is favorable to you, whether that be outside of court, or inside one of the Miami Courthouses.
To learn more about how Wichman Law Firm can help you face Miami drug possession charges, contact (305) 317-1529 to schedule a free and confidential consultation.
Call (305) 317-1529 to speak with our Miami drug possession attorney
