Federal Criminal Defense Lawyers in Miami

A large majority of the federal cases prosecuted in Miami and the South Florida region are drug offenses such as importation, distribution and conspiracy. The federal drug laws are significantly different from the state drugs laws in Florida. Anyone being prosecuted in Miami or the Southern District of Florida for a drug charge, must retain a criminal defense law firm that has vast experience in federal court, as the procedures are completely different. The lawyers at DMT have defended numerous drug offenses in federal court and have the requisite experience to represent an individual regardless of the drug or amount of the drug seized by the government. The potential sentences both in federal and state court are largely dependent on the amount, type of drug, and the particular conduct and prior criminal record of the defendant. In general, only large scale drug cases are prosecuted in federal court, but smaller importation cases are also prosecuted depending on how and where the importation occurred. Another difference between federal and state court in drug cases is the duration of time its takes to conclude a particular case. Drug cases in the state system can take as long as two and three years to reach their conclusion, where it takes six or seven months to conclude a federal drug case.

Federal drug laws are governed by the Controlled Substances Act (CSA) which were passed into law in 1970. The CSA is the law that dictates the drug policy in the United States which deals with the manufacture, importation, distribution and use of illegal substances. The CSA created five schedules of narcotics which dictate which substances are illegal within the borders of the United States. The Drug Enforcement Agency (DEA) and the Food and Drug Administration (FDA) are the departments of the federal government that determine which substances are to be included within the five schedules. Drugs may be added or deleted by proceedings initiated by the DEA, the Department of Health and Human Services (HHS) or any interested party. Once a petition is filed, the DEA will investigate a drug to determine if it should placed on one of the five schedules.

Schedule I controlled substances are defined as drugs that have a high potential for abuse, have no currently accepted medical use in treatment in the United States, and there is a lack of accepted safety for use of the drug or other substance under medical supervision. Examples of a schedule I drug are marijuana, heroine, MDMA (“ecstasy”), and a new synthetic stimulant called BZP. Schedule II controlled substances differ from Schedule I substances in that they have a medically accepted use and can lead to sever psychological or physical dependence. Examples of a Schedule II drug are cocaine and oxycodone. Schedule III, IV and V controlled substances are less common and have less of a potential for drug abuse than the aforementioned scheduled drugs. Examples of Schedule III, IV and V controlled substances include anabolic steroids, ketamine (“Special K), alprazolam (“Xanax”) and codeine based cough suppressants.

To speak with an experienced criminal Miami federal drug attorney at DMT about your federal case, or if you have questions regarding a matter involving a federal drug crime, please contact DMT to schedule a free consultation. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail. We are available 24 hours a day, 365 days a year.