Drug Offenses

Drug crimes comprise a huge portion of the daily arrests made in South Florida. Florida has extremely strict penalties for people charged and convicted of drug crimes. The severity of the charge often depends on the type and weight of contraband in question. For example, a person in possession of 28 grams of cocaine will face a 3-year minimum mandatory sentence whereas a person in possession of 27 grams will not.

The drug crime lawyers at Lopez and DeFilippo represent clients facing all types of drug charges. Our trial attorneys will thoroughly investigate the evidence and make sure you are not being incorrectly charged or over charged.

As former State prosecutors, we have handled countless types of drug cases ranging from simple possession to trafficking cases. Our experience allows us to effectively investigate your case and communicate all potential defenses with your prosecutor in order to achieve the best result possible. 

If you have been arrested for a drug crime in the South Florida area, then call the experienced drug crime attorneys at Lopez DeFilippo today for a free case evaluation and see what we can do for you.

Possession

Possessing a drug is the most common drug arrest. More people are arrested for possession of a drug than any other type of drug charge. Although possession charges come with lower penalties in comparison to sale and trafficking charges, they still carry up to a 5-year prison sentence if convicted and the loss of driving privileges. Other possible penalties can include probation, house arrest, drug treatment programs, drug court, drug testing, NA/AA meetings, and more. Hiring a possession lawyer can make the difference in your case. Having been former prosecutors, the possession attorneys at Lopez & DeFilippo know how the other side will investigate and prosecute your case. Our drug lawyers use this knowledge for your benefit. We never stop fighting to get you the best possible resolution for your case. Regardless of the drug you were arrested for, we are ready to help you. 

Here is a list of the most common possession charges our Miami drug lawyers defend:

• Possession of cannabis
• Possession of cocaine
• Possession of heroin
• Possession of ecstasy/ MDMA
• Possession of GHB
• Possession of crack cocaine
• Possession of drug paraphernalia 

Sale

In Florida, the crime associated with the sale of drugs is referred to as possession with intent to sell. Typically, a person will be charged with possession with intent to sell a specific drug if he/she was observed engaging in a drug transaction. However, a person can also be charged, even without evidence of a drug transaction, if he/she was found in possession of a sufficient quantity of drugs that were packaged in a manner that circumstantially indicate it was intended to be sold. In addition, if certain items were found along with the drugs, like cash, a digital scale, and/or plastic bags, they may be used by the State to circumstantially support their charge of possession with intent to sell. For example, if a person is found with 10 bags of cocaine in their pocket, in addition to some cash, a police officer may decide to charge that person with possession of cocaine with the intent to sell even though the person never engaged in a transaction nor intended to sell the cocaine. It is due to this prosecution strategy that many drug users in Florida are falsely accused of being drug dealers.

When facing a charge of possession with intent to sell it is important to retain a defense attorney who has experience investigating and defending this type of charge. The drug sale lawyers at Lopez & DeFilippo have defended clients throughout South Florida, and as former prosecutors, they know how the State will investigate and prosecute your case and they use this knowledge and experience to develop an effective and tailored defense for your case. Call us today to speak with our experienced former drug sale prosecutors to learn about your rights and the options available to you. 

Trafficking

Drug trafficking is defined as the intentional possession, manufacturing, delivery, transportation, sale, or purchase of illicit drugs on a sufficiently large enough scale. In
Florida, drug trafficking offenses are prosecuted aggressively by State narcotics prosecutors. Every drug trafficking charge carries a mandatory minimum prison sentence that will vary depending on the type and weight of the drugs at issue. Moreover, some trafficking offenses carry a minimum life sentence if convicted. See our drug trafficking chart below to see the common trafficking charges in Florida and the statutory penalties associated for each. 

Trafficking charges are often the result of lengthy undercover investigations that utilized one or more confidential informants to secure evidence against the defendant. When a trafficking case involves evidence derived from a confidential informant, the police and State must abide by multiple statutory requirements in order to successfully build and prosecute the case. Sometimes the police department’s investigation fails to meet these requirements, which a good defense attorney should use as a basis to reduce or even eliminate the charge or accompanying sentence.

Vehicle traffic stops are also a common source of trafficking charges in Florida which occurs when a large quantity of drugs are found in a stopped vehicle. As with all traffic stop searches, the State must establish the legality of the initial traffic stop and the subsequent search in order for the evidence derived from the search to be admissible against the defendant. Moreover, the State must also establish the defendant had actual or constructive possession of the drugs that were found in the vehicle. To this end, a good defense attorney should look for certain factors that may indicate the stop or search was improper and/or that the defendant lacked knowledge of the existence of the drugs in the vehicle.

If you or a loved one has been charged with a drug trafficking offense, contact the experienced drug trafficking lawyers at Lopez & DeFilippo today to learn about your rights and the options available to you.