Drug and Narcotics Offenses
The Miami criminal lawyers at DMT excel in defending all drug related offenses from simple drug possession to drug trafficking cases. In Miami, and throughout the South Florida area, law enforcement officers make thousands of drug arrests every year. If you or a loved one has been arrested for a drug related offense from possession to trafficking, call the law firm of DMT to defend your case. As soon as you retain the criminal defense team at DMT, we will set the defense for your drug related case and fight for your rights.
In the State of Florida, there are various drug offenses which are prosecuted in state and federal court. An individual arrested for a drug offense can be charged with simple possession, sale or distribution, importation, trafficking or cultivation. The severity of the punishment for the charged offense ranges from relatively minor sanctions associated with the mere possession of an illegal substances to severe sanctions mandated by law for offenses such as sale or trafficking. The punishment also depends on the type of drug for which an individual is arrested. For example, the penalties for cocaine trafficking, heroine trafficking and oxycodone trafficking are much more severe than that of cannabis trafficking. MDMA trafficking which is commonly known as Ecstacy trafficking has become a strictly enforced and harshly punished crime as well.
The charges brought and the penalties sought by law enforcement and prosecutors for drug offenses will vary depending on the type of drug, the amount of the drug, how the illegal substance was used or packaged, whether the individual was armed and if the individual is charged in state or federal court. Similarly, the penalties or sentence for a drug offense can range from a diversionary drug programs to probation and in severe cases, state or federal prison time.
In Miami and the entire South Florida area, drug offenses are aggressively prosecuted in state and federal court. The State of Florida is well aware of the large number of drug offenses committed on a daily basis. The are also aware of the residual crimes that occur due in large part to the drug trade in Florida. Anyone charged with a drug offense, from whether it be cocaine possession, marijuana cultivation or oxycodone trafficking will be well served by hiring a criminal defense law firm of DMT.
Due to the serious and severe consequences of being charged with and convicted of a drug offense, the decision to hire a criminal defense lawyer can become a life altering decision. Our Miami Criminal Attorneys are experts in defending drug offenses ranging from simple possession to sale or distribution to armed trafficking, t DMT is considered to be among the most experienced firms in Miami and the South Florida area. Since the inception of the firm, we have consistently obtained outstanding results for our clients charged with drug offenses. The lawyers at DMT also specialize in defending marijuana (cannabis) cultivation and grow house cases.
Additionally, other administrative penalties can affect a person convicted of certain drug offenses. The Florida Department of Motor Vehicles will suspend an individual's driver's license for two years, as a result of a conviction or guilty plea. Furthermore, law enforcement officers and their supporting agencies can seek forfeiture of your personal property, such as your home, car, boat, money or jewelry. A conviction for a felony drug offense will also result in the loss of civil rights, such as the right to vote, own a firearm and hold certain public offices. Individuals should also be aware that entering what is seemingly a simple plea with limited penalties can cause severe immigration consequences such as deportation.
Commonly found illegal or controlled substances for which arrests are made in the Miami and South Florida area include:
- Cannabis (marijuana)
- Ecstasy (MDMA)
- Methamphetamines also know as "crystal meth".
It is also illegal to possess or sell prescription painkillers or stimulants without a prescription such as:
- Oxycodone (e.g., Percocet, Endocet, Tylox)
- Xanax (e.g., Alprazolam)
Defenses to Drug Offenses
The best defense to a drug possession, drug sale or drug trafficking charge is challenging how the evidence was obtained by the police. Law enforcement authorities and prosecutors build their possession, sale and trafficking cases based on evidence obtained through search and seizures. Law enforcement must comply with the 4th Amendment to the United States Constitution and well-established search and seizure laws to legally obtain evidence.
Evidence obtained by an illegal search and seizure, which violate an individual's rights is inadmissible and will be suppressed. In a nutshell, any illegally obtained evidence can not be used to convict you of the drug charge for which you were arrested. The Miami criminal defense lawyers at DMT are experts in challenging illegal searches and seizures by filing motions to suppress. If the judge grants the motion to suppress, the evidence is inadmissible against you, the prosecutor cannot proceed and we win your case.
One of the most common examples of how law enforcement authorities violate an individual's rights is obtaining an involuntary consent to search an automobile or home. Always remember, you have the right not to consent to the search of your property. Make the police get a warrant. If the police threaten you in away to get your consent, i.e. taking your child away or having you deported, the consent is not voluntary and the search is illegal. Any drugs found as a result of an illegal search are inadmissible.
Entrapment is another defense that DMT utilizes to defend our client's rights. An individual is entrapped if he or she is induced or encouraged to engage in criminal conduct such as drug trafficking. To avail yourself of the entrapment defense, an individual must be able to show that he or she engaged in the drug trafficking as a result of the inducement, that inducement came from a law enforcement official or his agent, and that he or she was not ready to commit the crime. Contact DMT, to inquire whether you have an entrapment defense to your drug trafficking charge.
To speak with a skilled Miami or South Florida Criminal Lawyer at DMT, or if you have questions regarding your drug or narcotics case that need to be answered, please contact DMT to schedule your free consultation. You can call our office at (305) 444-0030 or contact us online. We are available every day of the year, 24 hours a day.
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