954-543-1186
Call Us Now
E-Mail Us Now
What is Drug Trafficking?
Drug trafficking in Florida is defined under Section 893.135 of the Florida Statutes. This statute dictates that any individual who knowingly sells, delivers, purchases, manufactures, or transports a specified amount of illicit substances in Florida is considered to be trafficking drugs. An individual who is knowingly in actual or constructive possession of a controlled substance above a certain threshold amount can also be charged with drug trafficking. The thresholds vary depending on the type of drug. For instance, possessing more than 28 grams of cocaine, 4 grams of heroin or fentanyl, 14 grams of amphetamines, or 25 pounds of marijuana can all trigger trafficking charges.
Being charged with drug trafficking can be a frightening experience and could result in life-altering ramifications. Trying to navigate the state’s complex legal system on your own is risky. It’s essential to speak with a skilled Florida drug trafficking defense attorney as soon as possible to discuss the defense tactics available to you.
What Can Occur if You Are Convicted of Drug Trafficking?
The penalties for drug trafficking in Florida are severe and often include mandatory minimum prison sentences and substantial fines. For example, trafficking between 28 and 200 grams of cocaine carries a minimum sentence of three years and a fine of $50,000, while trafficking more than 400 grams can result in a 15-year sentence and a $250,000 fine.
Additionally, trafficking certain drugs like heroin in quantities above 30 kilograms can lead to a mandatory life sentence. These harsh penalties underscore the importance of mounting a strong defense against such charges.
How Can You Fight a Drug Trafficking Charge?
With so much on the line, it is critical to vigorously defend yourself if you’ve been accused of trafficking drugs. Luckily, several defense strategies may be employed to combat drug trafficking charges in Florida. Your attorney can examine your case and determine whether one or more of the following defenses may be applicable:
- Challenging the legality of the search and seizure: Often, one of the most effective defenses against drug trafficking charges is to demonstrate that the evidence was gathered through an illegal search and seizure, violating the defendant’s Fourth Amendment rights. If the search was conducted without a warrant or probable cause, the evidence obtained could be inadmissible in court
- Questioning the chain of custody for evidence: The prosecution must establish a thorough, unbroken chain of custody for the drugs in question. Any inconsistencies in how the evidence was handled can cast doubt on its integrity, potentially leading to its exclusion
- Positing a lack of knowledge or intent: The defense can argue that the defendant was unaware of the presence of the drugs or had no intention to traffic them. If the drugs were found in a shared space or vehicle and could have belonged to someone else, this defense may be particularly compelling
- Claiming entrapment: Law enforcement officers are not allowed to induce individuals to commit a crime they would not have otherwise committed. If the defense can prove that the idea to traffic drugs originated with the police or the police threatened or coerced the individual into engaging in the illegal acts, then an entrapment defense may be applicable
- Highlighting the insufficiency of the evidence: In all criminal cases, the onus is on the prosecution to demonstrate the defendant’s guilt beyond a reasonable doubt. A skilled defense lawyer may be able to introduce doubt in the prosecution’s version of events by questioning the credibility of witnesses, the reliability of evidence, or the methods used to test the drugs
What Other Legal Options May Be Available to Defendants?
While a complete dismissal of the drug trafficking charges is ideal, certain circumstances may make this outcome unlikely. However, some defendants in these situations may still be eligible for alternative sentencing programs, which can provide an opportunity to avoid the harshest penalties associated with drug trafficking convictions. First-time offenders, individuals facing untreated mental health issues, and those accused of trafficking smaller amounts of drugs are typically more likely to be considered for these programs.
Your defense lawyer can evaluate your case and negotiate with the prosecution for alternative sentencing if they believe you may be eligible. Examples of the programs available in Florida include:
- Drug court: This program is designed for non-violent drug offenders and focuses on rehabilitation rather than punishment. Participants undergo intensive supervision, drug testing, and treatment. Successful completion of the program can result in reduced charges or dismissal of the case
- Pretrial intervention (PTI): PTI or Diversion is available for first-time offenders and involves a period of supervision and compliance with certain conditions, such as community service or drug treatment. Upon successful completion of the program, the charges may be dropped
Why is it Key to Seek Legal Counsel as Soon as You’ve Been Charged With Drug Trafficking?
Drug trafficking charges should not be taken lightly, as they can have long-lasting effects on your freedom, career opportunities, social connections, and family. Taking prompt action to mount a solid defense can be an imperative part of protecting your rights and your future. Enlisting the services of a knowledgeable drug trafficking defense attorney can be essential to combating these accusations and limiting their impact on you and your loved ones. An experienced attorney can develop a tailored defense strategy based on the case’s specifics by evaluating the evidence, identifying weaknesses in the prosecution’s case, and exploring all possible defenses.
Defense attorneys often have established relationships with local prosecutors and judges, which may be beneficial when negotiating plea deals or alternative sentencing options. These skillful negotiations may result in reduced charges or more favorable outcomes. If the case goes to court, a trial-tested attorney will be adept at presenting a compelling defense in court by cross-examining witnesses, filing important motions, and challenging the prosecution’s evidence. By seeking the representation of a trusted defense attorney early in the legal process, you give them the time and opportunity to investigate and build a strong case.
How Can Our Law Firm Assist You?
Drug trafficking charges in Florida can carry severe consequences, including lengthy mandatory prison sentences and hefty fines. At George Reres Law, PA, we believe in fighting aggressively to uphold the rights of our clients accused of drug trafficking. We leverage our years of experience to work for the best possible outcome in every case. If you or a loved one has been charged with trafficking drugs, contact our Fort Lauderdale office now at 954-543-1186 to schedule a free, in-depth case evaluation to learn more about your defense options.
