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Drug Crimes Attorneys in Miami

Providing Strong Legal Defense for Over 45 Years

Miami, Florida is ground zero in the nation’s war on drugs, and state and federal police and prosecutors spend enormous resources in the arrest and prosecution of people suspected of drug offenses, not to mention the seizure of personal assets under state and federal property forfeiture laws. The Miami drug crimes attorneys of Jeffrey S. Weiner, P.A. offer proven experience in the defense of persons accused of state, federal, and international drug crimes in Florida.

Comprehensive Legal Services for Florida Drug Crimes & Drug-Related Charges

Our practice represents individuals in all criminal drug-related offenses, including:

  • Manufacturing, Growing, and Cultivation
  • Possession with Intent to Distribute
  • Narcotics Trafficking
  • Simple Possession
  • Importation
  • Distribution

In addition, our comprehensive criminal defense practice encompasses other charges and issues which may arise in the context of a narcotics prosecution.

For example, we are intimately familiar with:

  • Organized Crime
  • Fraud/Money Laundering
  • Racketeering/RICO Violations
  • Immigration/Deportation Issues
  • Property Forfeiture/Asset Seizure
  • International Extradition/ Treaties

Post-Conviction Issues: International/Domestic Prisoner Transfers

As a bilingual law firm, Jeffrey S. Weiner, P.A. works with U.S. citizens and foreign nationals charged with crimes in the United States and abroad. If you are facing extradition to or from the United States, it is essential that you have an experienced U.S. immigration and drug crimes attorney working with you and your foreign counsel from the very start.

Miami Medical Marijuana Attorney

Floridians will soon vote on a Florida constitutional amendment to permit the medical use of marijuana under certain conditions. The law, if the amendment passes, will regulate marijuana production, possession and use in Florida. Our law firm is available to represent individuals and business entities who wish to get into the business of growing and selling marijuana for medical purposes if the law in Florida changes as is expected. Note that even if the Florida constitutional amendment passes, the Federal law nevertheless prohibits growing, distributing, dispensing, and possessing marijuana. So, the proper legal advice is absolutely necessary before moving forward with a business plan. Even though the federal government has indicated that they will not interfere with the states that will allow medical marijuana to be sold, one must be aware of the possible criminal ramifications.

Miami Prescription Fraud Attorneys

Both Florida and federal law enforcement agencies take all drug crimes extremely seriously. You may believe that offenses involving prescriptions drugs may be less severe than non-prescription drugs such as cocaine or marijuana. However, if you do not have a valid prescription, these substances are considered to be just as potentially dangerous as other “street” drugs and you can face harsh penalties for prescription drug crimes. One particularly serious prescription drug crime is that of prescription fraud. This is a more complex offense than simple possession or distribution of prescription drugs. If you have been accused of this offense, you need an aggressive and experienced Miami prescription fraud attorney representing you as soon as possible.

What is Prescription Fraud?

Prescription fraud refers to a number of unlawful methods of obtaining prescription drugs without the lawful permission of a medical professional.

Some of the common drugs obtained through prescription fraud include the following:

  • Xanax;
  • Ritalin;
  • Valium;
  • Adderall;
  • OxyContin;
  • Hydrocodone.

There are many ways that people try to obtain these drugs that may result in an arrest and in criminal charges being issued.

The following are only some acts that could be considered to be prescription fraud:

  • Stealing a blank prescription pad or slips from a doctor’s office or hospital;
  • Changing the drug type, amount, name, or other information on a valid prescription;
  • Forging prescriptions or making counterfeit prescription slips;
  • Going to numerous doctors, seeking a prescription for the same drug from each one;
  • Using your status as a medical professional or pharmaceutical professional to obtain prescriptions for your own use or financial benefit, or to distribute to family members or friends.

Along with prescription fraud, you may also face charges of unlawful possession of a prescription drug or even intent to distribute drugs if you possessed a certain amount.

The penalties you may face for prescription fraud can depend on many different factors, including the methods you employed, the extent of the fraud scheme, the amount of drugs unlawfully obtained, whether you are accused of distributing the drugs, whether you have prior drug charges, and more. However, for only one count of felony prescription fraud, you may face felony charges, a fine of up to $5,000, and up to 5 years in state prison. These consequences can be more severe if you are charged by federal prosecutors.

Possession with the Intent to Sell

Both state and federal law prohibit the possession of controlled substances. However, federal law also specifically penalizes possessing illegal drugs with the intent to sell. Establishing intent is key to a prosecutor’s case, making it especially important for those who have been accused of possession with the intent to sell to speak with an experienced federal crime attorney in Miami who can evaluate the evidence and help them formulate a defense.

Establishing Intent

Federal law prohibits both the manufacture and distribution of illegal drugs, as well as possession with the intent to distribute or manufacture a controlled substance. When trying someone for this offense, prosecutors are required to prove that the defendant intended to distribute the substance in question. Even if there is no evidence showing that a defendant was in the process of making a sale, courts can presume intent when certain facts exist.

These facts include:

  • Large quantities of the drug were found in the defendant’s possession;
  • The defendant was found in possession of materials and tools that are commonly used to manufacture controlled substances, including certain chemicals;
  • Drug paraphernalia was found in the defendant’s possession;
  • Packaging materials or large amounts of money were found at the scene; and
  • There is evidence of communications regarding distribution between the defendant and a customer.

Minimum Sentencing Guidelines

Those who are convicted of this offense face steep penalties, although the severity of their sentence will largely depend on the amount and type of drugs that were in their possession at the time of the arrest.

For instance, those who are found with the following substances in their possession face a minimum of 10 years in prison and a $10,000,000 fine:

  • One or more kilogram of heroin;
  • Five or more kilograms of cocaine;
  • 100 grams or more of PCP;
  • Ten grams or more of LSD;
  • 1000 kilograms or more of marijuana or 1,000 or more marijuana plants; or
  • 50 or more grams of methamphetamine.

However, if death or serious bodily injuries resulting from the use of the substance found in a defendant’s possession, his or her sentence could be increased to a minimum of 20 years to life.

Being charged with any type of drug crime should be taken seriously; however, federal drug offenses tend to be more aggressively investigated and prosecuted. Furthermore, federal crimes also tend to have harsher criminal penalties as judges are required to abide by a series of sentencing guidelines when determining a defendant’s punishment.

Call Our Federal Crime Lawyers in Miami Today

To learn more about federal drug charges and possible defenses, please contact the experienced Miami drug crimes lawyers at Jeffrey S. Weiner, P.A. today. A member of our South Florida legal team is standing by to help you schedule a free case evaluation at your earliest convenience.

Resource:

  • law.cornell.edu/uscode/text/21/841

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