Drug Charges

Decisive Drug Lawyer Daytona Beach, FL

Mr. Miller heads our Criminal Law Department. Defending those accused of crimes is Mr. Miller’s primary focus. Our criminal defense department has vast experience in all areas related to criminal law, including possession of drugs, possession of drug paraphernalia, possession with the intent to distribute and drug trafficking. It is a good idea to hire an experienced attorney when you are facing criminal charges. With more than 20 years of extensive criminal trial experience, G. Kipling Miller, Esquire, is prepared to personally handle your case. He has handled more than 10,000 criminal cases in his career.  Make sure the attorney you hire can say the same!

Types of Drug Charges

  • Possession of a Controlled Substance
    • You must have actual or constructive possession of the controlled substance
      • Actual Possession: You knowingly have direct physical control of the controlled substance.
      • Constructive Possession: Dominion or control over the controlled substance or control over the premises the controlled substance is found on.
    • Includes temporary possession for verification or testing purposes, irrespective of control.
  • Intent to Sell
    • The transfer a controlled substance to another person and exchange for money or something of value.
    • Can be a second or third degree felony and depends on the controlled substance possessed.
  • Delivery
    • The actual, constructive or attempted transfer of a controlled substance from one person to another.
  • Manufacture
    • “The production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging of the substance or labeling or relabeling of its container…” Fla. Stat. 893.02(15)(a).
  • Trafficking
    • Anyone who knowingly sells, delivers, manufactures, purchases or brings into the State or is in actual or constructive possession of the following controlled substance has committed trafficking if (other controlled substances are listed in the statutes):
      • Cannabis: 25 pounds or more or 300 plants or more.
      • Cocaine: 28 grams or more, but less than 150 kilograms.
      • Morphine, Oxycodone, Opium, Hydrocodone, etc.: 4 grams or more, but less than 30 kilograms.
      • Amphetamine or Methamphetamine: 14 grams or more.

Potential Consequences of Drug Charges

  • Possession of Controlled Substance:
    • This is dependent on the type and amount of the controlled substance possessed and your criminal history. Please contact Kip Miller immediately to discuss your specific case.
  • Intent to Sell, Manufacture or Delivery of:
    • Drug Paraphernalia (first degree misdemeanor): If convicted, imprisonment not to exceed 1 year and up to a $1,000 fine along with other possible consequences.
    • Cannabis and Amphetamine (third degree felony): If convicted, imprisonment not to exceed 5 years and a fine up to $5,000 along with other possible consequences.
    • Cocaine, Hydrocodone, Methamphetamine, Opium, Oxycodone (second degree felony): If convicted, imprisonment not to exceed 15 years and a minimum fine of $10,000 along with other possible consequences.
  • Trafficking of:
    • Cannabis: If convicted, a mandatory minimum of 3 years imprisonment and a minimum fine of $25,000 along with other possible consequences.
    • Cocaine, Morphine, Oxycodone, Opium, Hydrocodone, Amphetamine, Methamphetamine etc.: If convicted, a mandatory minimum of 3 years imprisonment and a minimum fine of $50,000 along with other possible consequences.

Why Choose Kip Miller to Defend Your Drug Charge?

In 1993, Kip was admitted to the Florida Bar and accepted a position as an Assistant State Attorney with the State Attorney’s Office, Volusia County, Florida. First being assigned to the misdemeanor division, Kip prosecuted literally thousands of drug charges and other misdemeanor cases.

Later, Kip was promoted to the felony division, litigating such cases as drug possession, drug trafficking, intent to sell and drug manufacturing. Ultimately, Kip was selected as a “lead felony trial attorney” where he was responsible for not only his assigned cases, but also the supervision of other trial attorneys in his division. He is a two-time recipient (1995 and 1999) of the “Top Gun” Award, which is given by the Office of the State Attorney, Seventh Judicial Circuit, for outstanding trial attorney.

For the past 10 years, Kip has devoted his practice to defending those accused. With more than 17 years of criminal trial experience, Kip has prosecuted and defended thousands of criminal cases, including drug charges.