Drug Cases And Investigations
We handle all types and levels of drug cases and investigations, specifically those including drug case related extraditions from Latin American countries to various federal courts around the U.S.
- What Type Of Drug Offense Cases Do We Typically Handle?
- What Is The Difference Between Civil And Criminal Forfeiture In Drug Cases?
- When Can I Be Extradited To The US From Latin America In A Drug-Related Case?
At Forman Law Group, we have years of experience handling cases that deal with drug-related investigations and charges. We know the ins and outs of the complex legal system, and know-how crucial it is to enlist the legal assistance of an expert drug investigations attorney in Miami, Florida in the early stages to secure a successful case. Drug-related violations have strict laws and penalties. And, depending on the offense, the penalties can widely vary.
Most drug-related charges in Florida are felonies. However, the possession of marijuana is the only drug-related violation in Florida that can be a misdemeanor. In order to count as a misdemeanor charge, the possession of marijuana cannot be more than 20 grams. Possessing up to 20 grams of marijuana is a first-degree misdemeanor with a penalty of up to one year in prison with a $1,000 fine. Any possession of marijuana resulting in more than 20 grams becomes a third-degree felony charge with up to five years in prison and a fine of up to $5,000.
The laws around drug possession or even drug trafficking become more stringent if the drugs are classified as a controlled dangerous substance. Controlled dangerous substances are divided into five different schedules based on medical value and/or abuse. For instance, possessing more than 10 grams of any schedule I drug is a first-degree felony with a penalty of up to 30 years in jail with a fine of up to $10,000. Schedule I drugs include heroin, LSD, ecstasy, methaqualone, and peyote. Schedule I drugs also have a higher potential for abuse and are not accepted for medical use, such as prescriptions. If you’re being investigated on drug-related charges, it is vital to consult with an experienced drug investigations attorney in Miami, Florida. Having a drug or fraud attorney in Miami, Florida on your side can prove invaluable. Doing so can save you from going to jail and paying substantial fines.
When drug trafficking is involved, the penalties become even more significant. Drug trafficking is considered the intentional manufacture, sale, transportation, purchase, possession, and delivery of a controlled substance in excess of possession limits. Depending on the controlled dangerous substance, the weight limits to determine penalties vary. The most common types of drugs that are trafficked include marijuana, cocaine, hydrocodone, LSD, ecstasy, and oxycodone. The penalties for trafficking can range from a minimum of three years in prison to life without parole and/or a fine of up to $50,000. Any individual who is in possession of a controlled dangerous substance can end up with drug trafficking charges if they are found to have more than the possession limits.
It is expedient to hire a drug investigations attorney in Miami, Florida if you are being investigated or charged with a drug offense. Cases involving drug offenses move quickly, and it is vital to have the right representation from the beginning. At Forman Law Group, we will work hard to defend your case against drug-related charges. We’ll put our years of knowledge and experience to work to reduce charges, penalties, and jail time.
Types of Drug Charges
A drug conviction is a serious ruling. Someone who is convicted of a drug offense without proper representation can suffer irreparable lifelong ramifications. Depending on the drug offense committed, a person can face hefty fines, a lengthy jail sentence, a condemning criminal record, loss of a professional license, deportation, loss of employment, and much more.
Therefore, it is prudent that a person facing drug charges understand the different types of drug charges that he or she could potentially be charged with. To further gain an understanding of the types of drug charges, you should seek a knowledgeable drugs attorney in Miami, FL to help explain the process and the various offenses relating to drug violations.
The majority of drug cases at both the federal and state level arise from possession, trafficking, distribution, and manufacturing offenses. As a result, it is important to delve into these different violations, and explain what each consists of. The following relates to charges found in many drug cases in the state of Florida as well as throughout the United States:
Possession is the most common type of drug offense. It results in a lot of local arrests. Arrests for possession are mainly made for controlled substances, such as marijuana and cocaine. In order for a possession charge to turn into a conviction, the prosecution must prove that the defendant in drug cases knowingly and intentionally possessed the drugs or controlled substance without a legitimate prescription, and had an amount that is sufficient for personal use or to sell.
If a person is stopped while driving by law enforcement, and they suspect drugs in the vehicle, law enforcement has the authority to search the vehicle without the need for a warrant. The drugs do not have to be directly on the body of the driver or passengers to be charged with possession.
If drugs are found somewhere in the vehicle, such as in a glove compartment, under the seat, or the trunk, the people involved can be arrested for drug possession. It is a common misconception that only the driver will be arrested under such circumstances. In truth, passengers can also face drug charges and an arrest.
When drugs are found elsewhere and not on the person, it is known as constructive possession. Constructive possession implies that if a controlled substance is located in a person’s car, work desk, locker, or another place where the drugs could be accessed and controlled, it will most likely lead to a drug charge. Moreover, a person does not have to be using or under the influence of the controlled substance in order to be charged and prosecuted with possession.
Possession of drugs that result in charges often intersect with other criminal offenses. For instance, if law enforcement finds large quantities of marijuana in a person’s car, they can be charged with distribution, trafficking, and/or manufacturing that marijuana. If it is found that there is an intent to distribute large quantities of marijuana, the charges for possession are much more serious. Serious offenses, if convicted, usually result in a felony.
If you are being charged with a drug offense, it is imperative that you consult with a drug investigation attorney in Miami, FL right away. A drugs attorney in Miami, FL has the resources and tools to mitigate the charges that are being brought against you.
Manufacturing drugs invokes a much higher punishment than possession. Under federal and state law, a person can be charged for being a part of the manufacturing process of a controlled substance. In other words, a person does not have to be the primary entity or leader to be found in violation of manufacturing controlled substances. Manufacturing includes the cultivation of an illegal substance. For instance, a person who grows, is in possession, and produces illegal drugs can face significant penalties and a criminal conviction.
If you have been found manufacturing or cultivating illegal drugs or substances, it is highly advised to consult with drugs attorney in Miami, FL who has vast experience dealing with drug cases on various levels.
Distribution and Trafficking
Distribution and trafficking occur when a person is involved in the act of selling, delivering, and/or providing controlled substances in an illegal manner. The amount of drugs plays a major part in trafficking. Also, drugs do not have to cross state lines for a person to be charged with distributing and trafficking, although many people who traffic and distribute across state lines often do get accused of this type of drug offense.
A conviction for distribution and trafficking depends on the kind and amount of the illegal drugs involved, the location, and the person’s criminal history. If drugs are being distributed in or around school premises, the penalties are pretty steep. As a result, it is vital to consult with an experienced drug investigations attorney in Miami, FL to conceptualize the best course of action for your defense.
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