Miami Drug Crime Lawyers

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Introduction to Drug Crimes in Miami, Florida

Currently, the United States is the country with the largest number of prisoners worldwide. Statistics show that 47% of prisoners are associated to drug crimes. Drugs have been part of our culture since the middle of the last century.

They were popularized in the 1960's invading the society. Drug crimes are classified as serious and non-serious which include everything from drug possession to drug trafficking.

Here are the most basic details about the drugs and how important it is to have the advice of competent Miami Drug Crime Lawyers in Florida or in any state where the case unfolds.

Types of Drugs and Their Effects

Nowadays, there are several types of drugs that exist in the world, some are illegal and some are not, but consumption of these could affect a person mentally and physically. About 208 million people intentionally consume illegal drugs. The amount consumed is going to determine the effect.

  • Alcohol Addiction: Alcohol is found in liquor, beer and wine. The excessive consumption of alcohol causes serious liver diseases, great confusion of memory, vision distortions and little ability to reason and common sense, sexual dysfunction and loss of consciousness. In low doses, it causes euphoria, mild stimulation and relaxation. It also provokes increased risk of injuries, violence, hypertension, liver and heart disease and fatal if overdosed.
  • Cannabis or marijuana: This drug causes changes in human consciousness, cough, frequent respiratory infections, and possible mental decline. It increases heart rate and appetite; impairs learning, memory. Panic attacks, anxiety and psychosis could be experienced. It is also known as joint, Mary Jane, reefer, smoke, skunk, pot and weed. It could be smoked or swallowed
  • Cocaine and crack addiction: The cocaine is highly dangerous; cocaine is one of the most wanted by the FBI and the DEA in the U.S. as criminal drugs. These substances cause serious problems of emotional control, generally violent effects and fear, phobia, breathing difficulties and cardiac arrest, nasal damage from snorting, weight loss, insomnia, seizures and stroke. It is also known as blow, bump, C, candy, Charlie, snow. It could be snorted, smoked or injected.
  • Methamphetamine and Ecstasy: The drug commonly known as Ecstasy belongs to the group of drugs known as methamphetamine. These drugs have side effects such as hallucinations, loss of all senses and vision problems, violent behavior, cardiac or cardiovascular complications, weight loss, reduced appetite, stroke and severe dental problems. It can be swallowed, snorted, smoked or injected.
  • Heroin and Morphine: These drugs are produced by harvesting the plant known as opium; this drug produces serious effects of conduct, endocarditis, slowed or arrested breathing, besides great chances of contracting deadly diseases like HIV and hepatitis. It could be fatal if overdosed. In the state of Florida all these drugs still are considered illegal (except alcohol), so people who have some contact with them will be processed within the laws of drug offenses and must have the help of a criminal defense attorney to settle the case in the best way.

In the state of Florida all these drugs still are considered illegal (except alcohol), so people who have some contact with them will be processed within the laws of drug offenses and must have the help of a criminal defense attorney to settle the case in the best way.

Laws about Drug Crimes in Florida

Drug Crimes Law encompasses the laws built to deal with illegal drug cultivation, possession, manufacture, trafficking and other associated transactions. This involves the street drugs and the controlled substances regulated by state and federal laws.

The seriousness and punishment of the drug offense is determined by the type of drug referred to, the classification under the drug schedule if applicable, the amount in possession, any previous criminal record, and the intention whether it is for sell or distribute.

Laws and Drugs Crimes Miami

On the other hand, drug trafficking carries serious penalties including but not limited to denial of federal benefits and penalties for real estate.

  • Distribution and trafficking: distribution of drugs or controlled substances occurs when an individual sells, delivers or provides drugs illegally. Trafficking is the illegal sale or distribution of such drugs. The consequences of a conviction for distribution and trafficking ranges from 3 years and a fine to life in prison and other higher sentences.
  • Manufacturing: this involves growing, possessing the elements to make the illegal substances such as marijuana plants, or through chemical processes in a laboratory such as cocaine, and LSD.
  • Possession: charges for possession are usually less serious than charges for possession with the intention of distribution and trafficking. Sentences can go from a misdemeanor for a small amount possession to felony with possession with the intention of distribution.

In 2000 some changes were made regarding the sentences for possession of drugs such as methamphetamine. Beginning in 2004 the Supreme Court under the Constitution demands that the countrys different sentencing guidelines have to have a well-founded process before taking the life of someone, or deprive them of freedom or of the raided properties.

Types of Drug Crimes

Drug crimes can be classified into severe crimes or misdemeanors depending on the type of crime that has been committed; Miami Florida penalizes the following offenses:

  • Possession of controlled substances.
  • Possess and attempt to distribute drugs.
  • Sale of controlled substances.
  • Cultivate and process drugs. In this case it is also an offense to use their own homes to cultivate drugs.
  • Trafficking.
  • Possess controlled substance Paraphernalia.
  • Fraud prescription to purchase certain drugs.
  • Wash money from the sale of drugs.

Sentence for Drug Trafficking in Miami

It is understood as drug trafficking to the portion of controlled substances intended for sale, manufacture, possession, or transportation. It is considered a serious offense which leads to severe sentences such as fines, time in prison, probation, etc. Drug trafficking has become a global problem which links to several types of drug crimes, such as cultivation, distribution and sale of illegal substances. Among all different drugs marijuana is one of the most widely used.

The drug trafficking between Latin America, the Caribbean and the State of Florida has become very frequent. Due to the large number of ports and the property of the ground, Florida allows cultivation and trafficking of marijuana. The laws related to drug trafficking in Florida are quite severe, depending on the type of drug and the amount of drugs being trafficked. It could get worse if the individual accused of illegal drug trafficking has had previous serious criminal records. However, trafficking drugs to minors makes this a major crime by itself. Drug trafficking in schools or children less than 18 years old can be sentenced with the death penalty, also people who use minors for illegal trafficking of controlled substances may be sentenced to death.

Hydroponics and Marijuana Cultivation Charges in Miami

Hydroponics and Marijuana cultivation charges in Miami

Presently the state of Florida has become one of the states with the largest number of houses and illegal strewn with hydroponic operations in the nation, which are discovered due to stolen electricity from utilities lines, landlord tips, informants, odors from the house, unusual warmth around the house, people coming and going or fire and explosion. According to statistics the drug offenses in Florida has increased in recent years compared to other states. The Florida arrests from 2012 have surpassed California where they have discovered more than 791 marijuana grow houses; while in Florida 800 homes have been discovered. Hydroponic grow houses require little oversight nowadays. Plants use little to no soil, sunlight is simulated by utilizing high intensity lamps and water irrigation system with chemical fertilizers is provided. The rises of foreclosure homes that have been abandoned along with the high level of unemployment have helped the idea of creating hydroponic operations by the citizens.

To reduce the cultivation of marijuana in Miami, the state has employed drug task forces such as High Intensity Drug Trafficking Area that work along with the Office of National Drug Control Policy to deactivate hydroponic operations.

Possession of marijuana less than 20 grams is considered a misdemeanor in the State of Florida. If there is a hydroponic operation involved the charges transform into felonies. An individual with 25 plants of cannabis can be charged with a second degree felony which brings with it a maximum penalty of 15 years in a state prison. If the grow house in question has been the house of a child before, charges change to first degree felony and a maximum sentence of 30 years in a state prison. The new grow house Laws in Florida are more severe than the federal standard; the law defines marijuana plants as small trees with root formation. They could be dead or already harvested. Besides prison time, fines can be in the tens of thousands and charges may increase if there is a previous offense.

What does the Miami Drug Crime Lawyers do?

Many people in Miami are charged with carrying out a crime related to drugs, but it is necessary to bear in mind that despite having committed the crime, you have the right to be represented by a criminal defense lawyer in Miami.

Miami Drug Crime Lawyers will fully protect your rights in the best way possible. They are dedicated to providing every client with the level of defense required and deserved. Criminal Defense Attorneys in Miami have the most recent update of the criminal section in all areas of Criminal Law what make them the best understanding the system and getting results for the clients.

Gallardo Law Firm and the Criminal Defense Lawyer in Miami

At Gallardo Law firm, we are qualified drug offense lawyers easily localized in Miami. Miami Drug Crime Lawyers at Gallardo Law Firm advocate for the rights of customers who are charged with drug offenses. Our goal is to attempt to obtain the lowest possible sentence, dismissal, records expungement, or sealing.

An allegation of drug trafficking will greatly affect your quality of life for years to come. This is why it is imperative that you contact one of our Drug Defense Attorneys who will handle your case with extreme care to obtain favorable outcomes.

Whether negotiating or aggressively courtroom defense, our attorneys will focus in maintaining your interest and minimizing the damage.

Drug Lawyer in Miami

Our criminal lawyers also deal with appeal after being dictated a criminal conviction. In addition, Gallardo has online chat on the website, warning about legal processes to future clients.


Criminal Defense Lawyer in Miami

Frequently asked and answered questions about Drug Crimes in Miami

Although in the state of California and Colorado marijuana as a type of drug is considered medicinal and has been legalized for personal use, in the state of Florida is still considered an illegal drug, so traffic and consumption of drugs is punishable as a crime. Drugs damage the health of people and its consumption puts the lives of people at risk and especially the children who sometimes can have access to them.
It is the creation and distribution of illegal drugs.
The drug crime happens when one of these four facts are present: possession, distribution, use and/or manufacture.
First, the prosecutor gathers all information and evidence to bring the case to court, here is determined whether really worth or not be processed by the judge, as much valid information is needed to give way to the process, but could be rejected by the court. Relevant courts under federal crimes are then made if the prosecutor handed the case to federal or under state and local laws to be sentenced own depending on the severity of the case.
The sentence could be reduced if the lawyer gets to negotiate with the prosecutor. The drug crime attorney will try to reach an agreement with the prosecutor and can be for example that if the person is charged with three drug offenses such as possession, trafficking and transporting drugs, can reduce the charge of the penalty only for drug possession, so the sentence would be much lower. This all depends on how experienced and qualified the criminal defense lawyer is to develop the case. It is important to have a good criminal lawyer to defend your rights from the beginning.
The sentence of freedom under testimony is given when the individual has been imprisoned and is given freedom for good behavior but a police officer must be in charge of advising the individual outside the prison, while probation is applied to those defendants who are sentenced for the first time and charged with misdemeanors, but they also have to meet certain requirements. In both cases the individual will have to attend compulsory rehabilitation centers and drug education.
Yes, because although alcohol is not considered an illegal drug can become a crime if consumed in large quantities. With only driving under the influence of alcohol is considered illegal in Florida and might be getting a penalty called DUI, where the drivers license benefits are suspended and the defendant has a criminal record penalty.