When you are arrested for drug-related misconduct, it can be hard to figure out the best path forward. Breaking state and federal laws can result in jail time or fines, and understanding the repercussions and navigating alternative sentencing options can be challenging. The consequences can change the rest of your life, including your familial relationships and future job opportunities.
Whether it is your first arrest or a repeat offense, you deserve to have a dedicated criminal defense attorney on your side. At Shirazi and D’Escoubet Law Group, we make sure our clients feel seen and heard. Our Coral Gables drug lawyers know the ins and outs of the local court system and can make all the difference in your case.
Understanding the different categories helps clarify how these offenses are prosecuted and their potential consequences.
There are two categories of this crime: actual and constructive. Actual is when the illicit materials are on the person or within their immediate control. Constructive is when they are not on the person but within their control or knowledge. The crime of possession includes having, distributing, selling, or providing one or more illegal drugs for personal use and can be a third-degree felony.
This is the unlawful transportation, distribution, and sale of prohibited materials. There are significant federal and local penalties. The state sets specific thresholds for trafficking charges that carry mandatory minimum prison sentences depending on the item type and quantity.
Monetary exchange is not a requirement for someone to be found guilty of transferring drugs from one person to another. Regardless of the quantity, selling and distributing is a serious infraction with penalties that are affected by the type of item.
This is the production of controlled substances, including cultivating marijuana or operating methamphetamine labs.
Drug violations are not limited to cocaine, heroin, methamphetamine, marijuana, or other illegal substances. Possessing certain medicines without a valid prescription is a violation of the law. Common examples include opioids, benzodiazepines, and stimulants.
A DUI involving drugs occurs when a person operates a vehicle while impaired by narcotics, prescriptions, or even over-the-counter medications that significantly affect their ability to drive safely. Operating a vehicle while impaired by drugs is treated similarly to alcohol-related DUI offenses.
The repercussions can be affected by factors like a minor’s involvement, existence of a prior criminal record, or the location of the wrongdoing, such as if it happened next to a school or at work. You should employ the aid of a skilled drug defense attorney in Coral Gables when you are facing accusations related to illicit substances to minimize your potential penalties.
A robust defense strategy can make the difference between conviction, reduced charges, or even dismissal.
One common defense is that an illegal search and seizure violated the Fourth Amendment of the Constitution. If the police violated your rights, any evidence obtained could be excluded. If there was no search warrant or lack of probable cause, your attorney can use that to your benefit.
Another defense is that there was a lack of possession or control. For possession, the prosecution must show you had control over the drugs in question. Your legal counsel can argue that you did not know about them or that they were not physically on your person.
It is also common to explore plea bargaining and alternative sentencing options. Plea bargaining is when the two sides negotiate an agreement to resolve the case by having the defendant plead guilty to a reduced crime or sentence in exchange for the prosecution dropping or lessening the charges. With alternative sentencing, there are programs allowing rehabilitation instead of prison time for certain people. A qualified Coral Gables lawyer with experience winning drug cases could determine the best defenses for your matter and help you get the best outcome possible.
Drug offenses can come with serious local and federal punishments. Getting in trouble for having even the smallest number of certain supplies can have long-term effects on your life. Consequences can include imprisonment, monetary fines, or having to forfeit property, in addition to long-term effects like where you can live and work. It is vital to have the assistance of a Coral Gables drug lawyer with so much on the line. Contact us today to schedule an initial consultation.
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