Miami Drug Crimes Attorneys

A drug arrest can leave you with more questions than answers. What charges are you facing? Can your attorney challenge the evidence against you? Could the case affect your freedom, your record or your immigration status? What happens next depends on what happened during the arrest and how police gathered the evidence.

Garcia & Qayum Law Group, P.A. represents people facing drug charges in Miami and throughout South Florida. Our criminal defense and immigration attorneys understand that a drug case can raise added concerns for noncitizens. We look at both sides of your case so you can understand your options before making decisions that could affect your future.

Drug Possession And Trafficking Defense

Drug cases can involve possession, constructive possession or trafficking. Constructive possession generally means prosecutors claim that you knew drugs were there and had control over them, even if police did not find them on you.

In Florida, trafficking charges can depend on the type and amount of a controlled substance. These charges can bring serious penalties and mandatory minimum sentences. That means the law may set a minimum sentence in some cases.

Our attorneys review:

  • Lab testing: We check whether police properly identified and tested the substance.
  • Chain of custody: We look at how police collected, handled and recorded the evidence.
  • Weight and composition: The amount and type of substance can affect the charges and possible penalties.
  • Connection to the drugs: We examine the evidence prosecutors may use to claim that you possessed or controlled the substance.

A close review can uncover problems in the case and help your lawyer choose a defense strategy.

Search And Seizure Challenges

Police generally must follow constitutional rules when they stop you, search you or your property and take evidence. If they did not follow those rules, your lawyer may be able to challenge evidence used against you.

We may examine why police stopped you, whether they had a legal basis to search you or your property and whether they followed the rules during the stop. This can include traffic stops, K-9 searches and warrants.

Evidence can also come from phones, online accounts, location data or communications. Our attorneys can look at how police got this information and whether they followed the required legal process.

Drug Investigations And Entrapment

Drug investigations may involve confidential informants or undercover police work. For example, police may use an informant to arrange a drug purchase or make an undercover transaction.

We examine how the investigation began and the evidence used to support the charges. We may also look at whether police conduct violated your rights or supported an entrapment defense. Knowing how police built the case can help us find weaknesses in the evidence.

Criminal And Immigration Consequences

If you are not a U.S. citizen, a drug charge can affect more than your criminal record. Certain drug convictions can cause immigration problems, including possible problems with staying in the United States. The type of charge and how your case ends can both matter.

That is why you should think about immigration consequences before accepting a plea or another way to resolve the case. Garcia & Qayum Law Group, P.A. handles both criminal defense and immigration matters. Depending on your case, our attorneys may look for ways to resolve the criminal charge while also considering the possible immigration impact.

If you have already been convicted, we can also assess whether legal options may exist to challenge the conviction or seek relief.

Alternative Resolutions To Drug Charges

Not every drug case has to end with a conviction. Depending on the charge, your history, the evidence and eligibility rules, possible options may include:

  • Pretrial intervention (PTI): An option that may let eligible defendants complete certain requirements instead of moving straight toward a conviction.
  • Drug court: A court program that may combine treatment, monitoring and other requirements for eligible defendants.
  • Counseling or treatment: Treatment may be part of a negotiated resolution or diversion program in some cases.
  • Withhold of adjudication: In some eligible cases, a court may withhold a formal finding of guilt. For noncitizens, however, a Florida withhold may still have immigration consequences.
  • Other negotiated resolutions: The defense may negotiate for a different outcome based on the case.

These options are not available in every case. Garcia & Qayum Law Group, P.A. can explain which options may be available and what each could mean for your criminal case and immigration status.

Bond And Property Seizures

A drug arrest can also raise immediate concerns about bond, getting released while your case is pending and property that police have taken.
If police take cash, vehicles or other property and say it is linked to criminal activity, our attorneys can review why it was taken and any forfeiture case. We can also address bond and pretrial release issues as your case moves forward.

Contact Us About Your Drug Charges

A drug charge can affect your freedom, your record and, for noncitizens, your ability to remain in the United States. You should not have to figure out the criminal and immigration consequences on your own.

Contact Garcia & Qayum Law Group, P.A. to discuss what happened and what options may be available. Call 888-695-7440 or contact us online. Our lawyers can review the arrest, the evidence against you and the possible immigration consequences so you can understand your position and decide what to do next.