What is a Restraining Order? The threat of violence does not stop even after a person has been charged or arrested for domestic violence. In order to prevent victims from facing further threats and harassment, the state can enforce legal measures for protection. An example of this is a restraining order. A restraining order, sometimes…
Being arrested and charged with a drug crime in Miami is a serious matter. Depending on the severity of the drug crime, you may find yourself not only facing a felony conviction, but also years in prison. In addition, depending on the circumstances surrounding your arrest, you may also find yourself facing multiple felony and misdemeanor charges at the same time. Since securing the lowest possible charge is often the best way to reduce your sentence and avoid lengthy jail time, it is critical to obtain an aggressive and experienced Miami drug crime lawyer immediately after your arrest. Miami drug crime attorney, Chad Piotrowski, will help you contest your Miami drug crime charge, so you can focus on your future.
DRUG POSSESSION, DRUG SALES, AND DRUG TRAFFICKING—JUST THE FACTS
Although being arrested and charged with drug possession is the least serious drug charge, it is still a very serious offense, with far-reaching consequences. Being caught in possession of any illegal drug is considered drug possession, as long as the amount of the drug does not exceed a level that constitutes “personal use”. Even if the police believe that the amount of drugs in your possession signifies a much more serious crime, an experienced Miami drug crime lawyer may be able to convince the courts otherwise.
In Miami and throughout the State of Florida, the penalties for drug possession depend on both the amount and type of drugs in your possession. In addition, prior criminal activity and the circumstances of your arrest play a large role in the penalties and prison time you may face. In general, persons accused of drug possession in Miami face a third-degree felony with a maximum prison sentence of 5 years. For those in possession of a small amount of marijuana, however, the drug crime is only considered a misdemeanor.
Anyone who is in possession of a controlled substance with the intent to sell, deliver, or manufacture that substance may be charged with a drug sale. The amount of drugs in your possession, the type of drugs in your possession, and the circumstances surrounding your arrest all play a vital role in determining whether you are charged with a drug sale or simply drug possession. Unfortunately, police officials do not have to actually catch you in the act of selling drugs, i.e. a hand-to hand transaction, in order to arrest you. Simply possessing a large quantity of drugs on your person, in your car, or in your apartment, or possessing a certain amount of drugs individually packaged is enough evidence for the cops to raise the charges to drug sales. When being investigated for possession with intent to sell, any statement you make could change an arrest for possession into an arrest for a drug sale.
Drug Sales are almost always second degree felonies punishable by up to 15 years in state prison.
Drug Trafficking is taken very seriously in Florida. Based on the quantity of drugs in your possession you can be charged with drug trafficking and face heavy minimum mandatory prison sentences. Along with the lengthy prison sentences, a person convicted of drug trafficking could face fines up to $250,000. The most common drug trafficking in Miami-Dade County is Cannabis or Cocaine.
DRUG MINIMUM MANDATORY SENTENCES
Cannabis Trafficking or “Grow Houses”
- If you possess more than 25 lbs. or 300 plants, but less than 2,000 lbs or 2,000 plants you face a 3 year minimum mandatory prison sentence.
- If you possess more than 2,000 lbs. or 2,000 plants, but less than 10,000 lbs., or 10,000 plants you face a 7 year minimum mandatory prison sentence.
- If you possess more than 10,000 lbs., or 10,000 plants you face a 15 year minimum mandatory prison sentence.
- If you possess 28 grams or more, but less than 200 grams you face a 3 year minimum mandatory prison sentence.
- If you possess 200 grams or more, but less than 400 grams you face a 7 year minimum mandatory prison sentence.
- If you possess 400 grams or more, but less than 150 kilograms you face a 15 year minimum mandatory prison sentence.
- If you possess 150 kilograms or more you face life in prison.
If you are charged with armed drug trafficking you face a 10-year minimum mandatory sentence in addition to the minimum mandatory sentence for the amount.
Drug trafficking is considered a first-degree felony, and depending on the amount and quantity of drugs in your possession, mandatory sentences can be up to life in state prison.
A MIAMI-DADE DRUG CRIME LAWYER YOU CAN COUNT ON
If you want to effectively beat the drug charges against you or avoid the minimum mandatory prison sentences, then it is imperative that you contact an experienced and veteran Miami drug crime lawyer immediately after your arrest. Perhaps the police violated your rights or performed an illegal search? Miami drug crime attorney, Chad Piotrowski, will investigate all angles of your drug crime case in order to build a solid and formidable defense designed to get your charges reduced or suspended altogether. As a former prosecutor, Miami drug crime lawyer Chad Piotrowski, worked closely with undercover officers, crime suppression units, DEA, Special Response Team (“SRT” or SWAT), and officers assigned to the narcotics unit that dealt primarily with high level drug traffickers. As a result, he understands the complexities surrounding drug crimes.
If you or someone you love has been arrested and charged with a drug crime in Miami-Dade County, Broward County, Palm Beach County, or anywhere in the State of Florida, it is important to retain the services of an experienced Miami drug crime lawyer the moment you are arrested. Call the Law Offices of Chad Piotrowski today for a free and confidential review of your case.