We commonly handle Drug Possession cases like possession of marijuana, cocaine, methamphetamine (meth), Ecstasy (Molly or MDMA or X), or Heroin. For first time Drug Possession offenders, we can assist the client in placement in Miami Dade County's Drug Court. Miami created the first Drug Court in the nation, and Phil Reizenstein is honored to be a member of the board of directors of the Friends of Drug Court. The benefits to Drug Court are that for people who are arrested for a Drug Possession who need help and recovery, Drug Court will provide it. Once the client successfully completes Drug Court, the Drug Possession case is dismissed. Drug Court works! In other Drug Possession cases, we will work with you to prepare a defense or to achieve a fair resolution. Drug Possession cases require the prosecution to prove that someone knowingly was in possession of a controlled substance.
There are many ways to defend a Drug Possession case. For instance, if the client was a passenger in a car or a visitor to a home where drugs were found, the law requires the prosecution to prove the client knew the car or the home had a controlled substance. By challenging the proof of knowledge (like the absence of fingerprints on a package containing drugs) we have successfully defended many clients charged with drug possession.
As former prosecutors who handled drug possession and large drug trafficking prosecutions, we have the experience to represent you and defend you on the Drug Possession charge.
We defend Drug Trafficking cases like Trafficking in Marijuana, Trafficking in Cocaine, Trafficking in Methamphetamines, Trafficking in Ecstasy (Mollies or MDMA) and Trafficking in Heroin. In Federal Court, Trafficking cases are called Possession With Intent To Distribute a Controlled Substance (PWID).
The primary difference between a Drug Trafficking and a simple possession charge is the weight of the controlled substance. The other difference is that unlike a simple possession charge, all Drug Trafficking charges and carry minimum mandatory prison sentences.
For example, possession of cocaine over 28 grams and under 200 grams or Possession of Ecstasy or MDMA over 10 grams and under 200 grams is the first level of Drug Trafficking in Florida state courts. This charge carries a three-year minimum mandatory sentence if convicted.
The penalty for Drug Trafficking in Cocaine or Drug Trafficking in Ecstasy/MDMA between 200 grams and 400 grams is a seven-year minimum mandatory prison sentence. The penalty for Drug Trafficking in Cocaine or Drug Trafficking in Ecstasy/MDMA over 400 grams (slightly less than half a kilogram) is a fifteen-year minimum mandatory prison sentence.
- The penalty for Drug Trafficking in Methamphetamines between 14 and 28 grams is a three-year minimum mandatory prison sentence.
- The penalty for Drug Trafficking in Methamphetamines between 28 and 200 grams is a seven-year minimum mandatory prison sentence.
- The penalty for Drug Trafficking in Methamphetamines over 200 grams is a fifteen-year minimum mandatory prison sentence.
The decision to plead guilty and seek a safety-valve sentence as opposed to proceeding to trial is not lightly made. We work closely with the client to review the discovery in the case and to understand what occurred so that we can give our clients the benefits of over forty years of combined legal experience to make the best choice for them.