Criminal Defense Overview

Miami Criminal Defense Lawyer

For more information about a practice area, click on the heading.

Drug Charges

Since the Government announced its "War on Drugs," prosecutions for drug related offenses have skyrocketed. Charges vary from simple possession for personal use, to the more serious offenses of manufacturing, distribution and drug trafficking. The penalties for drug charges in the State of Florida are often quite harsh. It is very important that one accused of any drug related offense contact an experienced criminal attorney.

Ecstasy

Ecstasy (MDMA) and other "party" drugs, such as cocaine and methamphetamines (crystal meth), are quite prevalent in South Florida. These crimes are vigorously prosecuted in Florida. Because their use is linked to drug addiction and even death, penalties have drastically increased. Even simple possession of Ecstasy can result in imprisonment. Consequently any arrest must be treated seriously

Drug Trafficking

Drug Trafficking in Florida is among the most serious drug offenses. All Drug Trafficking convictions require the court to impose a mandatory minimum term of imprisonment, which can range from three years to life. A person can be convicted of Drug Trafficking even if the government cannot prove the drugs were being sold or distributed. Simple possession of a certain amount of ecstasy, marijuana, cocaine, methamphetamines, heroin, or another controlled substance may constitute Drug Trafficking if it is over a threshold amount. An experienced criminal attorney must find ways to avoid the mandatory sentences.

Drug Manufacturing and Cultivation Charges

Cultivation of Marijuana in "grow houses" (hydroponics) and processing drugs in "labs" used to make methamphetamines or other controlled substances are prosecuted under the drug manufacturing laws. Most drug manufacturing laws have mandatory minimum terms of imprisonment as the punishment, similar to the Drug Trafficking laws. Drug manufacturing involves a higher penalty than possessing or selling drugs.

Federal Drug Crimes

Most drug violations can be prosecuted by the Federal government or the local state government. The decision to prosecute the case in Federal court depends on a number of factors, including the amount of drugs involved, the investigating agency, etc. Almost all drug charges in Federal court include a charge of "conspiracy". Conspiracy simply means that a person entered into an agreement with others to violate the law. Federal laws and procedures are much different than State laws. It is important that one accused of or investigated for violation of a Federal law have an attorney experienced with Federal prosecutions.

Search & Seizure Laws

The Fourth Amendment to the U.S. Constitution guarantees everyone the right to be free from unreasonable searches and seizures. The law strictly controls the ability of police officers to search people, to search their personal property, and to seize anything they find. If the police engage in an illegal search or seizure, then the evidence is "suppressed", i.e., it can't be used in court. This most often results in a dismissal of the charges, despite the person's guilt or innocence. An attorney who specializes in criminal law must stay current on all developments in this important area of the law, as the laws are constantly changing.

Money Laundering & Forfeiture Law

Money laundering occurs when a person hides assets obtained illegally, or uses money derived from an illegal activity to promote further illegal activity. Most money laundering cases are brought in Federal Court, and the penalties are severe. Money laundering cases are complex, involving financial records, business ledgers, wire transfers, etc. An experienced lawyer is critical to a person's success at defending this type of charge. Additionally, the Government may seek to forfeit any item that it can prove was purchased with money obtained from an illegal activity, or that was used during the commission of the crime. Almost every major drug investigation or arrest is accompanied by a money-laundering charge or asset forfeiture. A conviction can result in not only incarceration, but also financial ruin.

Internet Crimes

Criminal investigation and prosecution of Internet related crimes is growing as the Internet grows. Virtually every State and Federal law enforcement agency now has a specialized division to focus on computer and Internet crimes. These include such crimes as gambling, pornography, identity theft, and sexual exploitation of children. Internet crimes are a relatively new area of the law; a criminal lawyer experienced in this area can develop new and novel defenses to help win a case.

Assault & Murder

Crimes of violence, including assault, robbery, or murder, are most often prosecuted in the State court system. A sophisticated sentencing guideline system controls the sentence a judge must give. Also there are severe penalties for any crime involving a firearm. Representation by a skilled lawyer is absolutely critical. The consequences upon conviction are severe.

Free consultation: Contact Miami criminal defense attorney Bruce Alter if you have been charged with a crime.