Drug Possession Attorney in Miami, Florida

If you're facing drug possession charges in Miami, Florida, having a skilled and experienced attorney by your side can make all the difference in the outcome of your case. 

At The Law Offices of Richard L. Cooper, P.A., we're committed to defending individuals accused of drug possession offenses, offering a deep understanding of Florida’s drug laws and an unwavering commitment to protecting your rights. 

Attorney Richard L. Cooper works tirelessly to create the best possible defense strategy tailored to your unique situation. Whether you're dealing with a misdemeanor or a felony charge, we're here to guide you through every step of the legal process and fight for your future.

Drug Possession Classifications in Florida

Drug possession offenses in Florida are typically classified as either felonies or misdemeanors, depending on the type of drug involved and the quantity. The severity of the offense can influence the penalties a person faces upon conviction.

Types of Drug Possession Offenses in Florida

Some of the most common drug possession offenses that Miami residents may be charged with include:

• Simple possession: Simple possession occurs when an individual has a controlled substance in their possession without the intent to distribute or sell it. This offense can lead to either misdemeanor or felony charges, depending on the type and quantity of the drug.

• Possession of marijuana: While marijuana is legal for medical use in Florida, possession of marijuana without a prescription remains illegal under state law for recreational use. The possession of 20 grams or less of marijuana is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possessing more than 20 grams of marijuana can lead to a third-degree felony charge, which carries a penalty of up to five years in prison and a fine of up to $5,000.

• Possession of prescription drugs: It's illegal to possess prescription medication without a valid prescription from a licensed healthcare provider. Common drugs involved in such offenses include opioids like oxycodone, hydrocodone, and benzodiazepines like Xanax. Possession of prescription drugs without a prescription is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

• Possession with intent to distribute or sell: Prosecutors must prove that the defendant intended to sell or distribute the drugs, rather than simply possessing them for personal use. Factors like the quantity of drugs, packaging materials, scales, and cash can all point to an intent to sell or distribute.

• Drug trafficking: This charge applies to individuals who possess a large amount of drugs, often with the clear intent to distribute them. These charges carry mandatory minimum prison sentences, which increase as the amount of the drug increases. For example, trafficking in cocaine (over 28 grams) is punishable by three to 25 years in prison and a fine of up to $500,000. Trafficking in methamphetamine or heroin can lead to even more severe penalties.

Despite the serious nature of drug possession charges, there are several defense strategies that a Miami drug possession attorney can use to challenge the evidence against you.

Defenses to Drug Possession Charges in Florida

When you choose to work with an experienced Miami drug possession attorney like Attorney Richard L. Cooper, you can have peace of mind knowing your case may be defended using key strategies such as:

Unlawful Search and Seizure (Fourth Amendment Violation)

Under the Fourth Amendment to the U.S. Constitution, individuals are protected from unreasonable searches and seizures. If law enforcement officers conducted an unlawful search of a person, vehicle, or property, any evidence obtained from that search may be inadmissible in court. This is commonly referred to as the exclusionary rule.

In drug possession cases, the defendant's attorney may argue that the search was conducted without a warrant or without probable cause. 

If the defense can demonstrate that the search violated the defendant’s constitutional rights, the evidence seized (such as drugs) may be excluded from the trial, leading to the dismissal of charges.

Lack of Knowledge or Intent to Possess the Drug

A key element of drug possession charges is that the defendant had knowledge that the substance was a controlled drug and that they had possession of it. In some cases, a Miami drug possession attorney may argue that the defendant was unaware that drugs were present or that they didn't knowingly possess them. 

This may apply if drugs were found in a shared vehicle, residence, or property and there's no clear indication that the defendant was in control of the drugs.

For example, if drugs were found in a backpack or purse belonging to someone else, the defendant may argue that they were unaware of the drugs’ presence or didn't have control over them. A lack of knowledge defense can be effective if the prosecution can't prove the defendant's knowledge and intent.

Constructive Possession

In some cases, a defendant may be charged with possession of a controlled substance even if the drugs weren't physically on their person. This is known as constructive possession. To prove constructive possession, the prosecution must show that the defendant had knowledge of the drugs and the ability to control them.

Your Miami drug possession attorney may argue that you didn't have dominion or control over the drugs, and therefore, can't be held responsible for possessing them. This defense can be effective in cases where drugs were found in a shared space, like a vehicle or apartment, and it's unclear who the drugs belonged to.

Entrapment

Entrapment is a defense in which the defendant argues that law enforcement officers induced them to commit a drug offense that they wouldn't have otherwise committed. 

In Florida, if a defendant can prove that they were entrapped by law enforcement, the charges may be dismissed. However, the defendant must show that they weren't predisposed to committing the crime, and that the police played a significant role in encouraging or coercing them into the offense.

Improper Labeling or Misidentification of Drugs

Sometimes, drugs seized by law enforcement may not be properly identified or may have been mislabeled as a controlled substance. The defense may challenge the prosecution's evidence by showing that the substance in question wasn't, in fact, a prohibited drug.

If law enforcement fails to properly test or document the drug in question, the defense may argue that the substance wasn't a controlled substance or that there was no scientific proof to support the allegations. Proper chain of custody procedures must also be followed, and any lapses in this process may lead to a dismissal of charges.

Medical Marijuana Defense

In Florida, medical marijuana is legal for certain conditions under the Florida Medical Marijuana Legalization Initiative (Amendment 2). If the defendant has a valid prescription for medical marijuana and possesses it in accordance with the law, they may be able to mount a defense based on their legal right to possess the substance.

This defense is particularly relevant in cases where individuals face charges for possessing marijuana for personal use. If the defendant can prove that they had a valid prescription and were in compliance with state law, they may be able to have the charges dropped or reduced.

Duress or Coercion

In rare cases, a defendant may argue that they were coerced into possessing drugs under duress. This defense suggests that the defendant had no choice but to possess or transport drugs because of threats or fear for their safety. However, this defense is difficult to prove and is only applicable in specific circumstances.

Drug possession charges in Florida can have significant consequences, ranging from misdemeanor penalties to long prison sentences. However, there are multiple defense strategies an experienced Miami drug possession attorney can use to help individuals facing these charges.