Drug Possession and Trafficking

Miami Criminal Lawyer David J. Joffe

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FEDERAL CRIMES

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marijuana sale and possession is a crime. In Florida, drug offenses or drug charges cover a broad range of offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious, such as drug trafficking, participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs.

Whether a person accused of a drug-related offense is prosecuted in the federal or Florida state criminal system depends on what laws were violated and the policies and procedures of each court system. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system's policy considerations.

Federal and State Drug Laws

In 1970, the Drug Abuse Prevention and Control Act, codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule.

The most severe legal restrictions and penalties involve Schedule I and II drugs, including heroin, LSD, mescaline, marijuana, peyote, opium, cocaine, methadone, amphetamines, and methamphetamines.

Drug-Related Crimes

Drug offenses, such as drug trafficking, carry harsh penalties, particularly under the federal law. The federal sentencing guidelines may be summarized as follow: the higher the offense level, the harsher the sentence. The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. It is essential for an accused to be represented by attorneys who have experience navigating these sentencing issues.

Sentencing guidelines are constantly being revamped. For current information on drug-related penalties, go to http://www.dea.gov/pubs/csa.asp.

Drug Trafficking

Drug trafficking is the illegal transportation and distribution of drugs into or within the United States. Click here for penalties for drug trafficking.

Searches & Seizure

The Florida police may legitimately search persons and property, and seize both persons and property, either with or without a warrant if the circumstances justify their actions. If they act without probable cause, however, or exceed constitutional limitations on their actions, both searches and seizures may be deemed invalid and any resulting evidence may be tainted and thus inadmissible. If you have been charged with a drug-related crime and have questions about whether the police may have violated your search and seizure rights, contact a knowledgeable criminal defense attorney at Joffe & Joffe now.

Grand Juries and Drug Cases

The Fifth Amendment mandates that charges for all capital and "infamous" crimes be brought by an indictment returned by a grand jury. A grand jury determines whether enough evidence exists to bring drug charges against one or more individuals, but they can also refuse to indict someone if they do not believe there is sufficient evidence to charge him or her with a crime.

Although criminal defense attorneys are not present in the grand jury room, they still serve the essential role of advising both witnesses and those persons whose actions are the subject of the grand jury proceedings.

Grand jury proceedings are not open to the public. The person charged does not have the right to attend the proceeding or to present evidence. Grand jurors and witnesses are sworn not to reveal what happened in the proceedings. A witness in a grand jury proceeding is not entitled to have his or her attorney present in the grand jury room while testifying. However, the attorney may wait outside the room and the witness may ask to leave the grand jury room to consult with his or her attorney.

To learn more about the functions of grand juries go to http://www.abanet.org/media/faqjury.asp.

INSTANT MESSAGE

Joffe & Joffe, PA
Miami Criminal Attorney

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Miami lawyer Joffe is an AV® Peer Review Rated criminal defense attorney who represents clients in federal and state criminal matters across the State of Florida.