Miami Drug Crime Attorney
The Law Office of Nayib Hassan, P.A. defends people charged with drug offenses in Miami and throughout Miami-Dade County, from a first-time possession arrest to a federal conspiracy indictment with dozens of codefendants. The firm also represents clients in Broward, Palm Beach, and Monroe Counties and in federal courts across the country. For anyone searching for a Miami drug crime attorney, the first question is rarely about guilt or innocence. It is about which court the case will land in, because that single fact controls the penalties, the plea options, and how much room there is to negotiate.
A small amount of cannabis found in a car and a cocaine shipment tracked across international waters are both “drug crimes,” but they are prosecuted by different offices, in different courthouses, under different sentencing systems. Possession of 20 grams or less of cannabis is a first-degree misdemeanor under Florida law. Knowingly possessing, delivering, or bringing into Florida 28 grams or more of cocaine, or any mixture containing it, is already trafficking, a first-degree felony. Where a case sits on that spectrum, and whether state or federal agents built it, shapes every decision that follows.
How Drug Weight Turns a Possession Case Into a Trafficking Case
In Florida, trafficking is defined by quantity, not by proof that anyone sold anything. For cocaine, the threshold is 28 grams, and the statute reaches mixtures, meaning the weight of the whole substance counts, not just the pure drug. A person can be charged with trafficking for possession alone. The mandatory minimums step up with weight: 3 years and a $50,000 fine at 28 grams or more, 7 years at 200 grams or more, and 15 years at 400 grams or more. A first-degree felony carries a maximum of up to 30 years, or life when a statute specifically provides for it.
That structure makes the weighing process one of the most important parts of the defense. How the substance was sampled, whether packaging was included in the weight, whether a lab tested the entire quantity or only a portion, and whether the substance was actually what the field test suggested are all fair questions. A few grams of difference can move a client across a threshold that changes the minimum sentence by years. Constructive possession is another recurring issue: when drugs are found in a shared apartment, a vehicle with several occupants, or a business, the state has to connect the specific defendant to the drugs with knowledge and control, not mere proximity.
Why Choose the Law Office of Nayib Hassan, P.A. for a Miami Drug Case
Nayib Hassan is the attorney and founder of the firm, and he has spent more than 20 years inside the criminal justice system. Before representing defendants he was a Broward County Assistant State Attorney, where he handled thousands of cases and tried hundreds to verdict. That background matters in drug cases because so much of the outcome depends on how a prosecutor reads the evidence, weighs trial risk, and decides what a case is worth. He knows how those decisions get made from the inside.
Mr. Hassan is admitted to the Southern, Middle, and Northern District of Florida federal courts, the federal court for the District of Columbia, and the United States Court of Appeals for the Eleventh Circuit, so a case that starts in a county courtroom and moves to federal court does not require a change of lawyer. He is fluent in Spanish and speaks directly with clients and their families without an interpreter, which counts for a great deal in a community where many families want to follow the case in their own language. He is recognized among the Top 100 Trial Lawyers by The National Trial Lawyers, holds a 10.0 Avvo rating, serves on the Miami board of the Florida Association of Criminal Defense Lawyers, and teaches as an adjunct professor at St. Thomas University.
On the drug side specifically, Mr. Hassan has represented defendants in multi-defendant drug cases, including matters where charges were dismissed and a case where his client received one of the lowest sentences among all codefendants. He has defended clients in federal courts in Florida, the Southern District of New York, Texas, Ohio, Indiana, Kentucky, South Carolina, and California, and his cases have been covered by The Wall Street Journal, The New York Times, CNN, and the Miami Herald. The firm limits its caseload on purpose so the attorney handling your case is the one you speak with, and it is available 24 hours a day, 7 days a week, because arrests do not keep office hours.
Drug Charges Seen in Miami-Dade, and the Law Behind Each
- Cannabis Possession: Possessing 20 grams or less is a first-degree misdemeanor under Fla. Stat. 893.13(6)(b), with a maximum fine of $1,000. Delivering 20 grams or less without payment is also a first-degree misdemeanor. Larger quantities move into felony territory.
- Cocaine Trafficking: Fla. Stat. 893.135 makes 28 grams or more of cocaine, or any mixture containing it, a first-degree felony with a 3-year mandatory minimum and a $50,000 fine at the lowest tier, rising to 7 and 15 years at higher weights.
- Possession With Intent to Sell: Packaging, scales, cash, and multiple phones are often used to argue that a quantity was meant for distribution rather than personal use. The charge depends heavily on how those items are interpreted.
- Federal Drug Conspiracy: Cases involving international shipments, maritime interdictions, wiretaps, and many codefendants are prosecuted in the Southern District of Florida, where mandatory minimums can reach 10 years or more based on drug quantity alone.
- Prescription Drug Offenses: Physicians, pharmacy owners, and clinic staff may face controlled-substance allegations that overlap with healthcare fraud investigations, particularly in a county with a long history of both.
- Drug-Related Money Laundering and Cash Seizures: Cash found alongside drugs, or moved across borders, can bring laundering counts and forfeiture proceedings aimed at accounts, vehicles, and real estate.
- DUI Involving Drugs: Florida’s DUI statute reaches impairment of normal faculties, not only a breath or blood alcohol level of 0.08 or higher, so a prescription or illegal drug can support a charge. A first conviction carries a license revocation of at least 180 days and up to one year.
What to Do in the First Days After a Drug Arrest or Search in Miami
The most useful thing a person can do after an arrest or a search is say very little and call a lawyer quickly. Statements made to officers or agents at the scene, in a car, or at a station are frequently the strongest evidence the state has, especially in constructive possession cases where the only link between a person and the drugs is what they said about them. Politely decline to answer questions, do not consent to a search of a phone, car, or home, and do not discuss the case on a jail phone, which is recorded.
In Miami-Dade, a person arrested on a felony generally has a first appearance and bond decision within about a day, and misdemeanor jail arraignments are held Monday through Friday at 9 a.m. and 1:30 p.m. at the Richard E. Gerstein Justice Building, where weekend and holiday felony bond hearings are also heard. Felony cases are handled by the Circuit Criminal Division of the Eleventh Judicial Circuit, which sits at that courthouse. Misdemeanor cases go through the county criminal courts, which sit there and at branch locations including Miami Beach, Hialeah, and Coral Gables. Having a lawyer at the bond stage can affect conditions of release and set up the defense of the case itself.
If the case is federal, the process looks different from the start. Federal drug cases in Miami are heard at the Wilkie D. Ferguson, Jr. United States Courthouse and the other Southern District courthouses downtown, and the early stages include an initial appearance and a detention hearing, where release is far from automatic. Anyone who learns that agents are asking about them, or who receives a target letter or subpoena, should speak with a lawyer before any interview. Clients who come in before an indictment can sometimes negotiate a voluntary surrender instead of an arrest and give prosecutors information that shapes the charges.
Preserve anything that helps: receipts, texts showing where you were, the names of people who were present, and photos of the scene or vehicle. Do not delete anything from a phone or computer, since destroying data after learning of an investigation can create a separate obstruction problem. And be cautious about talking with family members and friends about the facts, since they can be subpoenaed.
How Evidence Gets Challenged in a Drug Case
Most drug cases are decided before a jury ever sees them, and many are decided by what happened in the first few minutes of the encounter. A defense lawyer starts by asking how the police got to the drugs. Was there a lawful reason for the traffic stop, and was the stop stretched beyond its purpose while officers waited for a drug dog? Did a search warrant rest on a reliable informant, and did the affidavit accurately describe what the informant knew? Was consent actually given, and was it voluntary? A successful motion to suppress can remove the drugs from the case altogether, and without them the state often has nothing left to prosecute.
The second layer is proof of knowledge and control. Drugs in a glove box, a shared bedroom, or a rented storage unit do not prove who put them there. Lab work is a third layer: chain of custody, testing methods, and the reported weight all matter, particularly when a few grams determine the mandatory minimum. In wiretap and conspiracy cases, the questions turn to whether the defendant knowingly joined an agreement or simply knew people who did, and whether the quantity attributed to the whole conspiracy can fairly be charged to one participant.
Records, Expunction, and What Happens After the Case
A drug charge can follow someone long after the case closes, which is why the outcome matters beyond the sentence. Florida law allows sealing or expunction in limited situations, but only after applying to the Florida Department of Law Enforcement for a Certificate of Eligibility, and a court cannot order either remedy without it. Someone who has been adjudicated guilty of a felony is not eligible, and a person who has previously had a Florida record sealed or expunged generally cannot do it again. Expunction is available where no charging document was ever filed, or where charges were dropped, dismissed, or ended in acquittal, and even then a judge has discretion to deny the request.
That is a strong reason to think about the record from the first day. A result that avoids an adjudication of guilt, or a dismissal, may leave the door to expunction open, while a plea that seems minor at the time may close it permanently. Drug convictions can also affect professional licenses, driving privileges, and immigration status for non-citizens, so the consequences should be weighed before any plea is accepted.
Miami Drug Crime Questions, Answered
Is possession of marijuana a felony in Miami?
Possessing 20 grams or less of cannabis is a first-degree misdemeanor under Florida law. Larger amounts, or evidence of sale or cultivation, can raise the charge to a felony. Federal law treats the drug differently again, and possession on federal property or in the course of interstate activity can bring federal charges.
What is the penalty for cocaine trafficking in Florida?
Trafficking in 28 grams or more of cocaine, or a mixture containing it, is a first-degree felony. The mandatory minimum is 3 years and a $50,000 fine at that level, 7 years at 200 grams or more, and 15 years at 400 grams or more. A first-degree felony carries a maximum of up to 30 years, or life if a statute specifically provides.
Can I be charged with trafficking if I never sold anything?
Yes. Florida’s trafficking statute is built around possession of a specified quantity, along with other acts such as purchasing, delivering, or bringing the drug into the state. Weight alone can support the charge, which is why the way a substance was weighed and tested deserves close scrutiny.
What should I do if police want to search my car or home?
You can decline consent. Do not physically resist, but state clearly that you do not consent and that you want to speak with a lawyer. If officers have a warrant, they can search regardless, but the warrant itself can be examined later. Anything found after an unlawful search may be excluded from the case.
Will I go to jail for a first drug offense?
It depends on the substance, the quantity, and which court has the case. A small-quantity possession charge is often resolved without jail, while a trafficking charge carries mandatory minimums that limit a judge’s discretion. Early negotiation and the strength of any suppression issue can make a large difference.
What is the difference between a state and a federal drug case?
State cases are prosecuted by the county’s State Attorney in the Eleventh Judicial Circuit, while federal cases are brought by the United States Attorney in the Southern District of Florida, usually after an investigation by agencies such as the DEA or Homeland Security Investigations. Federal cases tend to involve longer investigations, conspiracy theories, and sentencing driven by the Sentencing Guidelines, with no parole afterward.
Can a drug charge be dismissed?
Yes, though no lawyer can promise it. Dismissals often follow a successful motion to suppress, a failure to link the defendant to the drugs, or a weakness in lab or chain-of-custody evidence. In multi-defendant cases, the strength of the evidence varies from person to person, and Mr. Hassan has handled cases where charges against his client were dismissed.
How long does a drug case take in Miami-Dade?
A misdemeanor may resolve in a few months, while felony cases commonly take longer because of discovery, lab reports, and motion practice. Federal cases with many defendants can take well over a year. The timeline depends on the evidence, the court’s calendar, and whether the case is set for trial.
Can a drug arrest affect my professional license or immigration status?
It can. Licensing boards may review arrests and convictions, and certain drug offenses carry serious immigration consequences for non-citizens, including removal and bars to relief. These consequences should be raised with your lawyer before you accept any plea, since the wording of a disposition can matter as much as the sentence.
Can I get my drug arrest record sealed or expunged?
Possibly. You must first receive a Certificate of Eligibility from the Florida Department of Law Enforcement, and a person adjudicated guilty of a felony is not eligible. Expunction is generally tied to cases where no charges were filed or the case ended without a conviction, and a judge may deny the request even when the criteria are met.
Is it worth hiring a lawyer for a small possession charge?
Often, yes. Even a misdemeanor can lead to a criminal record, license consequences, and trouble with employment or immigration. A lawyer can look for suppression issues, negotiate alternatives, and make sure a plea does not close off record-clearing options later.
Representing Drug Crime Clients Across Miami and South Florida
The firm defends clients in the city of Miami and across Miami-Dade County, including Hialeah, Doral, Miami Beach, Coral Gables, Kendall, Aventura, North Miami, Homestead, and Miami Gardens. From downtown and Little Havana through Brickell, Wynwood, and Coconut Grove, and out to the western communities and the southern end of the county, our team represents people facing state and federal drug charges. We also serve clients in Broward County, Palm Beach County, and Monroe County, and we appear in the Southern District of Florida’s courthouses in Miami, Fort Lauderdale, West Palm Beach, and Key West.
Because many drug cases involve international transport, the firm handles matters connected to Colombia, Mexico, the Bahamas, Ecuador, and Cuba, and represents clients in federal courts across the country. Whether the case begins at Miami International Airport, on a Biscayne Bay marina, at a traffic stop on the Palmetto Expressway, or with a wiretap that nobody knew existed, the defense starts with the same work: learn how the government built the case and find where it is weak.
Speak With a Miami Drug Crimes Attorney Today
The choices made right after an arrest or a visit from agents, including what to say, whether to consent, and when to bring in counsel, can shape the rest of the case. Calling a Miami drug crimes attorney early keeps options open that disappear later, such as negotiating charges before an indictment, arranging a voluntary surrender, and challenging evidence while the facts are fresh. The Law Office of Nayib Hassan, P.A. offers confidential consultations and is available 24 hours a day, 7 days a week. Call to talk through your situation and start building a defense.