Coral Gables Drug Crime Defense Attorney

Common Drug Crimes We Defend Against

Drug Possession 

Possessing a controlled substance without a valid medical prescription is illegal under Fla. Stat. § 893.13. Penalties depend on the substance. Possessing less than 20 grams of marijuana is a first-degree misdemeanor. 

Possession of Drug Paraphernalia 

Possessing equipment used to cultivate, consume, or distribute illegal drugs, such as scales, syringes, or pipes, is a first-degree misdemeanor (Fla. Stat. § 893.147). This charge is frequently tacked onto possession arrests.

Misdemeanor Drug Charges: Why “Minor” Doesn’t Mean Insignificant

Many drug arrests involve misdemeanor charges, such as simple possession of 20 grams or less of marijuana or possession of drug paraphernalia. A misdemeanor conviction still carries up to a year in jail and a $1,000 fine. It also becomes part of your permanent record, which can surface on background checks for jobs, housing, and school applications for years to come.

While a misdemeanor drug charge is often easier to resolve favorably, it demands a strategic approach from our skilled defense lawyer. We can check for procedural errors and negotiate for a dismissal, reduction, or diversion program if possible. We also help qualifying clients pursue a clean record through record sealing or expungement (Fla. Stat. §§ 943.059, 943.0585).

How Can Florida’s Drug Schedules Impact My Drug Crime Case? 

Florida law classifies controlled substances into five schedules based on their potential for abuse and any accepted medical uses (Fla. Stat. § 893.03). Each schedule dictates the severity of the charges and potential penalties. These include: 

1. Schedule I drugs have a high potential for abuse and no accepted medical use. Examples include heroin, LSD, and MDMA (Ecstasy).
2. Schedule II substances have a high potential for abuse, but restricted medical uses, such as cocaine, fentanyl, and methamphetamine.
3. Schedule III drugs have a lower potential for abuse than Schedule I or II and accepted medical uses, such as anabolic steroids and certain barbiturates.
4. Schedule IV substances have a lower potential for abuse and accepted medical uses. Examples include Xanax® (alprazolam) and Valium® (diazepam).
5. Schedule V drugs have the lowest abuse potential and include medications with small amounts of narcotics, such as prescription cough syrups containing codeine.

Can I Avoid Jail as a First-Time Drug Crime Offender? 

A first-time drug arrest can be terrifying, but it doesn’t automatically result in a jail sentence. Courts recognize that non-violent, first-time offenders benefit more from rehabilitation than incarceration. Depending on your arrest and the type of drug, you may qualify for pre-trial intervention (PTI) or a similar diversion program.

Our attorney leverages his background as a former prosecutor to intervene early and negotiate aggressively with the state on your behalf. Instead of simply accepting the prosecution’s version of events, we scrutinize the evidence for weaknesses that may reduce the severity of the offense or even result in an outright dismissal.

Navigating Miami-Dade Drug Court as an Alternative to Prison

The Miami-Dade Drug Court is a specialized program designed to treat individuals struggling with substance abuse instead of sending them to prison. The program is generally available to individuals facing non-violent drug possession charges. 

While this program involves intensive supervision, mandatory drug testing, regular court appearances, and outpatient treatment, completing it can result in a dismissal of the charges against you. 

Our attorney can evaluate your potential eligibility, guide you through the stringent application requirements, and fight to keep you out of a prison cell by demonstrating to the judge that treatment is the appropriate path forward.