Miami Drug Crimes Attorneys

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

Minimum Sentencing Guidelines for Drug Crimes

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.

Many drug offenses carry mandatory minimum prison sentences upon conviction; cases that may have mandatory sentencing requirements include those involving:

• One or more kilograms 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 a drug crime can be daunting and seeking help from experienced lawyers is important; they can help you receive the best outcome possible.

Long-Term Impacts of a Drug Crime Conviction

A conviction for a drug crime can have far-reaching consequences that extend well beyond the immediate penalties of fines, imprisonment, or probation. The long-term impacts of a drug crime conviction can affect every aspect of an individual’s life, often creating obstacles that persist for years, if not a lifetime.

A drug conviction on your record may lead to: 

• A loss of employment opportunities 
• Expulsion or exclusion from professional organizations 
• Financial instability 
• Educational obstacles 
• Housing issues 
• Loss of civil rights 
• Damage to your reputation

A drug conviction can also cause complications for other legal issues, including those involving family law or other criminal matters. This may result in difficulties such as losing custody of children or facing harsher penalties in future legal proceedings.

Given these significant and enduring impacts, drug crime charges should always be taken seriously, and representing yourself is not recommended. A knowledgeable criminal defense attorney can help you understand your charges and potential penalties, develop a defense strategy, and advocate for you in court or during sentencing.

Diversion Programs for First-Time Drug Offenders in Miami-Dade County

Yes, there are diversion programs available for first-time drug offenders (and those facing other non-violent criminal offenses) in Miami-Dade County, aimed at providing an opportunity for rehabilitation rather than punishment. In particular, Florida's Drug Courts were designed to offer substance abuse treatment and support services in lieu of traditional sentencing, like imprisonment. These diversion programs seek to address underlying issues related to drug use and criminal activity, thereby reducing recidivism and facilitating long-term recovery.

Eligibility & Process

To be eligible, individuals typically must be first-time, non-violent offenders. The process generally begins with assessing the criminal defendant's situation to determine their suitability for the program. Participants are then required to engage in a treatment plan, which may include substance abuse counseling, random drug testing, frequent court appearances, and compliance with other court-ordered conditions.

If you or a loved one is facing drug charges and are interested in pursuing drug court or other diversion programs, schedule a consultation with our firm. Our attorneys are here to help you identify which opportunities you may be eligible for and can help you determine if this is the path you want to pursue. 

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.

How Racketeering/RICO Violations Intersect with Drug Charges

Racketeering, commonly prosecuted under the Racketeer Influenced and Corrupt Organizations Act (RICO), involves the operation of an illegal business or scheme to make a profit, often through coercive, deceptive, or fraudulent means. In Miami, RICO violations can be prosecuted at both the state and federal levels, depending on the scope and nature of the criminal activity. These cases often involve complex investigations and severe penalties, making experienced legal representation crucial.

Drug crimes and racketeering charges often intersect. RICO laws were initially designed to combat organized crime, but their broad provisions mean they can encompass a wide range of illegal activities, including drug trafficking. Prosecutors may charge individuals or groups under these laws when they engage in a pattern of criminal conduct, which can include ongoing drug-related offenses. 

For instance, if a drug distribution network operates as part of a larger, organized criminal enterprise, those involved could face RICO charges. This is because the organization itself profits from illegal drug activities, which falls into the category of racketeering under RICO statutes. 

Prosecution & Penalties

Prosecuting RICO violations requires proving a pattern of illegal activity and an association with an enterprise engaged in criminal conduct. Defendants may face severe penalties, including long-term imprisonment, hefty fines, and asset forfeiture. Federal RICO cases typically carry harsher penalties and involve comprehensive investigations conducted by agencies like the FBI.

If you are facing RICO or racketeering charges associated with a drug crime case, you are encouraged to seek qualified, seasoned legal counsel from a firm like Jeffrey S. Weiner, P.A.. 

Call Our Miami Drug Crime Lawyer Today

Hiring a drug crime lawyer has many important benefits. A good attorney can provide you with the expertise and knowledge necessary to defend your rights and help you achieve a favorable outcome in court. They can also guide you through the legal process, explain your options, and help you make informed decisions.

Your attorney will also be able to understand the complexities of the legal system and ensure that all your rights are respected. They will know how to present your case in the best possible light, as well as help you understand any potential consequences of a conviction.

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) 985-6640. A member of our legal team is standing by to help you schedule a free consultation today.