Forman Law Group

Call Now For An Initial Free Consultation

(305) 577-8888

Forman Law Group

We will handle any type and every level of drug offense case. We’ll work on anything from a simple possession case to large scale trafficking or conspiracies. We have the expertise necessary for high stakes cases.

How Is A Drug Charge Determined To Be Either A Misdemeanor Or A Felony?

There are not many misdemeanor drug charges in Florida; there is only  one, and it involves marijuana. In Florida, marijuana is still an illegal drug. The determination of whether it is charged as a misdemeanor or a felony is dependent upon the amount. If it’s an amount that is likely for personal use, it will be charged as a misdemeanor. If it’s an amount that’s obviously not just for personal use, then it could be considered a felony.

What Is An Unlawful Controlled Substance?

Drugs prescribed by a physician are controlled substances, but they are not ‘unlawful’ because they require a prescription from a licensed physician. Drugs that are not prescribed by physicians, like cocaine, heroin, and marijuana are therefore unlawful controlled substances.

What Is Considered To Be Possession, Sale, Distribution, Or Intent To Distribute Unlawful Drugs?

Possession is generally defined as any amount that could be for personal use. A sale, distribution, or intent to distribute charge usually indicates that there is a large quantity of the drug. For example, if someone has a vial of cocaine in their pocket, that’s clearly for personal use. But if that person had a couple of kilograms of cocaine, that’s obviously not for personal use; it would be presumed that they intend to sell or distribute. Another example, if a person were to have three small bags of heroin, personal use bags but they are all wrapped up in a cellophane package, and therefore look like they have been prepared for sale or distribution, that’s another indication. Additionally, if the person was also in possession of equipment used to weigh drugs, that could be seen as further evidence of intent to sale or distribute.

What Would Be Considered Drug Trafficking In Florida? When Does It Become A Federal Charge?

Drug trafficking is a violation of both state and federal law. They are not viewed as separate and distinct crimes; they could violate both federal and state law simultaneously. Drug trafficking is generally based upon the quantity of the drug involved and the methods used. Whether drugs are being transported, packaged, or manufactured, all three would fall under the realm of drug trafficking.

Defending Against Drug Charges

If you’ve been charged with a drug crime or believe that you may be charged, or even if you think you are being investigated, the time to hire a skilled, seasoned Miami drug possession lawyer is now. The clock is ticking, and there is no time to waste. This is because the criminal prosecution process begins immediately once any law enforcement agency or agent suspects that you may have been involved with a crime of any sort. The process may be initiated by a traffic stop, or an arrest wherever you happen to be, but many times there could simply be an ongoing investigation in which no charges have been filed. Regardless, you need to hire a Miami drug crime lawyer the moment you become aware that law enforcement is taking a look at you. Bringing a Miami drug crime lawyer on board early in the process can potentially help you get charges reduced or dismissed. If you have not yet been charged, your Miami drug possession lawyer can sometimes negotiate with the prosecution and convince them to not bring charges at all, in exchange for information, or due to inconclusive evidence. Additionally, your Miami drug crime lawyer can often negotiate with prosecutors to have them decrease the level of punishment they will be seeking at trial, should your case go to trial. Remember, our primary goal is to have your case dismissed entirely, but if that proves to be impossible, we will fight to win in court.

In Florida, a drug case can have many components. Let’s consider Pre-File Investigations and the Post-Filing Process.

Pre-File Investigation

A Pre-File Investigation would occur when a law enforcement officer or agency suspects that you may have already committed a crime but they do not have sufficient evidence to charge you. This is a great time to get ahead of the situation because savvy drug trafficking defense attorneys in Miami can use this period to find out what the prosecution is doing, what they are looking at, etc. The earlier your Miami drug crime lawyer comes on board for your case, the better chance they’ll have of getting a dismissal or building the kind of evidence they’ll need to win an acquittal at trial. Remember, the prosecution will be working hard to gather evidence; therefore, your Miami drug crime lawyer needs to be working harder. Hire early for best results.

Post-Filing Process

The post-filing process begins once the prosecutor files actual charges against you. Your Miami drug crime lawyer will use this time to make court appearances and begin serious negotiations with the prosecution, while simultaneously building your case with solid evidence to achieve a successful outcome for you.

Forman Law Group | Savvy Attorneys You Can Count On

For more information on Drug-Related Cases In Florida, an initial free consultation is your next best step. Get the information and legal answers you are seeking by calling us today at (305) 577-8888. We have the skill, experience, and track record you need. We win cases.

Forman Law Group

Call Now For An Initial Free Consultation
(305) 577-8888

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