Drug & Prescription Crime Lawyers in Miami

Criminal Defense Lawyers Providing Quality Representation

Miami is ground zero in the nation’s war against health care fraud, “white collar crimes” and drug offenses. State and local police, Federal agents and prosecutors spend enormous resources in the arrest and prosecution of people suspected of healthcare and drug offenses, not to mention the seizure of personal assets under state and federal property forfeiture laws. Florida and Federal courts routinely impose severe penalties for those convicted of health care fraud, “white collar crimes” and drug crimes. The lawyers at Jeffrey S. Weiner, P.A. have proven experience in the defense of persons accused of state, Federal, and international crimes since 1974. Having experienced criminal defense lawyers on your side allow you achieve the best possible outcome in your case.

Comprehensive Legal Services for Prescription & Drug-Related Charges

Our drug crimes lawyers help individuals in all criminal drug-related offenses, including:

• Manufacturing, growing, and cultivation
• Possession with intent to distribute
• Trafficking
• Importation
• Distribution
• Simple possession

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

We are intimately familiar with the following types of cases:

• Organized crime
• Money laundering
• Racketeering/RICO violations
• Deportation issues
• Asset seizure and property forfeiture
• International extradition and treaties

International Criminal Law for U.S. Citizens and Foreign Nationals

As an international 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 criminal defense attorney working with you and your foreign counsel from the very beginning. Jeff Weiner has handled international extradition cases since 1974. If you are an American citizen and were arrested in a foreign country, call us immediately.

Prescription Fraud Charges

What Is Prescription Fraud?

Prescription fraud refers to several unlawful methods of obtaining prescription drugs without the lawful authorization from a medical professional.

Both Florida and federal law enforcement agencies take prescription drug crimes seriously. You may believe that offenses involving prescription drugs may be less severe than non-prescription drugs such as cocaine or marijuana. If you have been accused of this offense, you need aggressive and experienced drug crimes lawyers representing you, call us.

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

• Xanax
• Ritalin
• Valium
• Adderall
• OxyContin
• Hydrocodone

There are many ways that people obtain these drugs that result in an arrest and in criminal charges being filed by the State Attorney’s Office or the United States Attorney’s Office.

What Acts Can Be Considered Prescription Fraud?

The following are only some acts that could be classified as 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 prescription fraud, you may face felony charges, a fine, and years in state prison. These consequences can be more severe if you are charged by federal prosecutors. Therefore, hiring experienced criminal defense lawyers is crucial when fighting a prescription fraud charge.

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 criminal defense attorney who can evaluate the evidence and help them formulate a defense.

Establishing Intent

Federal law prohibits both the manufacture and distribution of illegal drugs, and possession with the intent to distribute or manufacture a controlled substance. When trying someone, 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.
• There is evidence of communications regarding distribution between the defendant and a potential customer.

Minimum Sentencing Guidelines

Conviction of many drug offenses carry mandatory minimum prison sentences:

• 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
• 50 or more grams of methamphetamine

If death or serious bodily injuries result from the use of the substance found in a defendant’s possession, their sentence could be increased to a minimum of 20 years to life.

Being charged with any type of drug crime should be taken very seriously. Federal drug offenses tend to be more aggressively investigated and prosecuted. Federal crimes also tend to have harsher criminal penalties. Judges in state and federal courts are required to consider sentencing guidelines when determining a defendant’s punishment. Being charged with a drug crime can be daunting and seeking help from experienced lawyers is important; they can help you receive the best outcome possible.

Call Our Attorneys Today

Our team of serious, knowledgeable drug crime lawyers are tenacious when it comes to defending our clients. Our seasoned attorneys work zealously to exploit the weaknesses in the prosecution’s case and develop a strategic defense for all our clients in every case. To learn more about Federal drug charges and possible defenses, please call the experienced Miami drug crime lawyers at Jeffrey S. Weiner, P.A. today at 305 670-9919. A member of our legal team is standing by to help you schedule a free consultation today.