Drug Crimes Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Many drug cases are won or lost on the search, before trial ever comes up. Our office answers 24 hours a day.

Possession: Actual vs. Constructive

Actual possession means the drugs were on you: in your hand, your pocket, your bag.

Constructive possession is what the State argues when drugs are found near you, in a car, a room, or a home. That is where many cases are weakest. When drugs are found in a shared car or a shared home, the State generally has to prove more than that you were nearby. It has to show you knew the drugs were there and had control over them. Just being a passenger, a roommate, or a guest is not enough on its own.

In Florida, possession of most controlled substances is a third-degree felony. Possession of 20 grams or less of marijuana is a first-degree misdemeanor.

Possession With Intent to Sell, and Sale

Prosecutors charge possession with intent to sell when they point to things like packaging, scales, cash, or text messages. For many common drugs, including cocaine, sale, delivery, or possession with intent is a second-degree felony. Selling or delivering near certain places (see Drug-Free Zones below) raises the stakes.

Intent is often inferred, not proven directly. Personal-use amounts, a lack of sales evidence, and innocent explanations for cash or phones are frequent defense points.

Drug Trafficking: Weight Thresholds and Mandatory Minimums

Trafficking is about weight, not proof of a sale. Simple possession of enough of a drug can be charged as trafficking, a first-degree felony with mandatory minimum prison terms and fines. Some of Florida's thresholds:

Weight usually includes the whole mixture, not just the pure drug. With pills, the weight of the whole pill can count. That is why the lab's weighing and testing matter so much.

Fentanyl

Fentanyl cases are charged hard in South Florida. Trafficking in fentanyl starts at just 4 grams, with a 7-year minimum. Florida law also sets a mandatory minimum of 25 years to life for an adult who sells or delivers at least 4 grams to a minor in a form that looks like candy, a gummy, cereal, a vitamin, a branded food product, or that has a trademark or cartoon imprint. Selling fentanyl in one of those candy-like forms, in any amount, is a first-degree felony with a 3-year minimum. Fentanyl charges. Many people charged in fentanyl cases tell us they did not know fentanyl was in what they had. Knowledge is a real defense issue.

Marijuana, THC, and Hemp

Florida law treats hemp (cannabis with a total delta-9 THC concentration of 0.3 percent or less on a dry-weight basis) differently from marijuana. Police often cannot tell the difference by sight or smell, which can create search and testing issues.

A medical marijuana card protects use and possession only within the limits of Florida's medical marijuana law, for product from a licensed treatment center. It does not cover everything, like driving impaired or having amounts beyond what the law allows. If you have a card, tell your lawyer right away.

Prescription Pills Without a Prescription

Having pills like oxycodone, hydrocodone, or Xanax without a valid prescription is a crime in Florida. Possession is lawful if the pills were obtained from a practitioner or under a valid prescription. Pills in the wrong bottle, pills prescribed to a family member, or a prescription that can be documented are common defense issues. Larger amounts of pills can quickly reach trafficking weights.

Drug Paraphernalia

Possessing paraphernalia (pipes, scales, baggies, syringes, and similar items) with intent to use it with illegal drugs is usually a first-degree misdemeanor. Many paraphernalia cases ride along with a possession charge and rise or fall with the search.

Drug-Free Zone Enhancements

Selling, delivering, or possessing with intent to sell within 1,000 feet of certain places is punished more harshly. Those places include schools and child care facilities (during set hours), colleges, places of worship, convenience businesses, public housing, parks, and certain treatment facilities. For many common drugs, a school-zone sale becomes a first-degree felony with a minimum of 3 years. Measurements and maps are often contested.

Search-and-Seizure Defenses

The strongest drug defense is often a motion to suppress. If the police got the drugs illegally, the evidence can be thrown out.

• Traffic stops. The officer needs a valid reason for the stop, and can't drag the stop out without good reason to wait for a dog.
• Consent. "Do you mind if I look?" Consent must be voluntary. You can say no.
• K-9 sniffs. Dog alerts can be challenged on timing, training, and reliability.
• Warrants. A search warrant must be supported by probable cause, and the search must stay within what the warrant allows.
• Homes. Police generally need a warrant to search a home, with limited exceptions.

Lab Testing

The State has to prove the substance is what it says it is and that it weighs what it says. We look at field tests, crime lab procedures, chain of custody, and whether the lab weighed the substance or the packaging. Backlogs and errors happen.

Drug Court and Diversion

Many people charged with possession can be eligible for drug court or pretrial intervention. For misdemeanors, Florida law allows voluntary admission into a pretrial substance abuse education and treatment program, including drug court, for people who are identified as having a substance abuse problem and have no prior felony conviction. A person the State shows was dealing or selling drugs can be denied. Felony diversion options exist too, with eligibility rules that depend on the charge and record. Completing a program can lead to dismissal. Eligibility depends on the facts, so we review it at the first meeting.

Federal Drug Cases in the Southern District of Florida

Federal drug cases are often bigger: conspiracies, wiretaps, cooperating witnesses, and port or airport seizures. Federal law has its own mandatory minimums and sentencing rules, and federal drug charges often carry a presumption of detention before trial. Early defense work can matter a great deal.

Immigration Consequences

For non-citizens, almost any drug conviction, and sometimes a plea without a conviction, can lead to deportation, denial of residency or citizenship, or problems returning from travel. We consider immigration consequences before any plea and work with immigration counsel when needed.

Bond and Nebbia Holds in Drug Cases

In drug cases, Florida law tells judges to consider the street value of the drugs when setting bond and to watch for bond money that came from the drug business. Prosecutors often ask for a Nebbia (source-of-funds) hold, which means your family must prove the bond money is clean before you can be released. See Bond & Nebbia Hearings.

What to Do After a Drug Arrest

1. Don't consent to searches, and don't answer questions without a lawyer.
2. Don't talk about the case on jail phones or with anyone but your lawyer.
3. Don't post anything about the arrest.
4. Gather records — prescriptions, medical card, receipts, and who else used the car or home.
5. Call us for bond, Nebbia planning, and a review of the search.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The drugs were in a friend's car. Can I be charged?

You can be charged, but the State has to prove you knew about the drugs and had control over them. Being nearby isn't enough on its own.

Can I be charged with trafficking without selling anything?

Yes. In Florida, trafficking can be based on weight alone, including simple possession at or above the threshold.

I have a medical marijuana card. Am I protected?

Only within the limits of Florida's medical marijuana law. Bring your card and records to your lawyer.

Will I go to drug court?

Many first-time possession cases qualify for drug court or diversion. Eligibility depends on the charge and your record.

Can the search be challenged?

Often, yes. Illegal stops, searches without valid consent, and defective warrants can lead to evidence being thrown out.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.