Fort Lauderdale Drug Distribution Lawyer

Law Firm Defending Drug Distribution Charges With Expertise

If you are facing drug distribution charges in Florida, you are up against serious legal consequences. Both the state and the federal government treat drug distribution offenses severely. Whether you have been accused of trafficking, distributing, or possessing large quantities of a controlled substance, it is essential to understand the gravity of the situation and take swift action to protect your freedom and your future.

At George Reres Law, P.A., we are committed to protecting your rights, guiding you through the complexities of the criminal justice system, and fighting aggressively to minimize the impact of the charges on your life. We have a proven track record of handling high-stakes cases and are ready to help you navigate your legal options with determination and skill.

What Is Drug Distribution in Florida?

Under Section 893.13 of the Florida Statutes, it is illegal to distribute or dispense any controlled substance prohibited by law. In the eyes of the law, drug distribution refers to selling, transporting, or delivering illegal drugs, although a sale is not always required for distribution to occur. You may face charges for being caught with a substantial amount of a controlled substance or for being involved in a network or conspiracy related to the distribution of controlled substances.

Drug distribution charges may involve a wide range of substances, including heroin, cocaine, methamphetamine, fentanyl, ecstasy, or prescription pills. The specific charges and penalties will depend on the type and quantity of drugs involved. A conviction can carry heavy consequences, including lengthy prison sentences, steep fines, and a permanent criminal record.

What Is the Difference Between Drug Distribution and Drug Trafficking?

Drug distribution involves importing, selling, or transferring a controlled substance. If you attempt to move drugs in any way, you may be facing distribution charges, without necessarily being caught in the act of exchanging them for money. The main difference between drug distribution and drug trafficking is the amount of drugs involved. At a certain weight, you could face trafficking charges, whether or not the drugs were moved.

What Are the Penalties for Drug Distribution in Florida?

Under Florida law, drug distribution is defined broadly and considered a felony offense. Depending on the type of drug, the amount involved, and other circumstances, penalties can be severe, even for first-time offenders, as follows:

Third-degree felony: Distribution of less harmful or lower-penalty drugs may be classified as a third-degree felony, punishable by fines of up to $5,000 and up to five years in prison. Third-degree felony charges typically apply to substances such as marijuana and certain prescription drugs.
Second-degree felony: Distributing smaller quantities of certain drugs may be classified as a second-degree felony. In this case, a distribution conviction could carry fines of up to $10,000 and a prison sentence of up to 15 years. This charge may apply to drugs such as ecstasy or certain prescription medications that are being distributed illegally.
First-degree felony: The most serious drug distribution offenses in Florida typically involve substances such as heroin, cocaine, methamphetamine, and certain prescription drugs. Anyone caught distributing these substances could be charged with a first-degree felony and face penalties that may include up to $10,000 in fines and up to 30 years in prison. First-degree felony charges often apply when the substance being distributed is dangerous or highly addictive or when the distribution occurs in a drug-free zone.

What Aggravating Factors Could Lead to Enhanced Penalties?

Penalties for drug distribution can be enhanced based on certain factors. Mandatory minimum prison sentences are imposed in some cases to ensure the defendant serves a significant portion of the sentence before becoming eligible for early release. Aggravating factors in drug distribution cases include the following:

Drug-free zone violations: Penalties for drug distribution can be more severe if they occur within 1,000 feet of a school, daycare, or park.
Large-scale operations: Penalties may be enhanced when it is alleged that the offense involved a large-scale distribution network.
Prior criminal history: If you have previous convictions, particularly for similar offenses, penalties may be increased significantly. A history of drug-related crime convictions can lead to longer sentences and higher fines.

What Are the Legal Defenses Against Drug Distribution Charges?

If you are facing drug distribution charges in Fort Lauderdale, consult an experienced criminal defense lawyer who can help build an effective defense strategy. The burden is on the prosecution to prove beyond a reasonable doubt that you were involved in the distribution of illegal drugs. A skilled defense lawyer can use every legal tool available to challenge the evidence and reduce the charges against you. The following are some common defense strategies in drug distribution cases:

Unlawful search and seizure: If law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure, any evidence obtained may be deemed inadmissible in court. For example, if police searched your home or vehicle without a warrant or lacked legitimate probable cause, our talented criminal defense attorney could file a motion to suppress the evidence obtained in the search, which could lead to the dismissal of the charges.
Lack of intent to distribute: One of the most common defenses in drug distribution cases is asserting that you had no intent to distribute the drugs. The argument is that, although you may have possessed the illegal drugs, you had no plan or intention of selling or delivering them. If you were caught with a large amount of a controlled substance, your attorney may argue that you were carrying the drugs for personal use or were under duress.
Lack of knowledge: You may have been unknowingly involved in drug distribution. You could have been unaware that you were transporting drugs or that they were being transferred as part of a distribution network. Lack of knowledge is a valid defense, especially if you can show that you were unaware you were carrying drugs and had no knowledge of their intended use.
Entrapment: If law enforcement officers or informants pressured you to distribute drugs when you would not have done so otherwise, entrapment could be a defense in your case. Entrapment occurs when law enforcement induces a person to commit a crime they otherwise would not have committed.
Insufficient evidence: The prosecution must prove you were involved in drug distribution beyond a reasonable doubt for a conviction. If there is insufficient evidence or solely circumstantial evidence, the defense may argue that the prosecution failed to meet its burden of proof.
False accusations or misidentification: If someone has falsely accused you of distributing drugs, your attorney can argue that the allegations are untrue. The defense may point out inconsistencies in witness testimony or highlight a lack of physical evidence tying you to the crime. Misidentification by law enforcement can occur in some cases, especially when you are in a group of people under suspicion, with no proof that you were involved in distribution activities. Your lawyer may challenge the identification process, arguing that it was flawed, or you were not the individual involved.
Improper handling of confidential informants: The use of confidential informants by law enforcement is common in drug distribution cases. If the informant was not credible or law enforcement violated the rules for handling confidential informants, the defense may challenge the admissibility of the informant’s testimony. If the informant lied or had ulterior motives, your attorney may argue that the case was built on fabricated or unreliable information.
Chain of custody issues: In criminal cases involving physical evidence, the prosecution must prove a clear and unbroken chain of custody from when the evidence was collected by law enforcement until the trial. If the prosecution cannot prove that the drugs were correctly handled at every stage, the evidence may be deemed contaminated or unreliable, weakening the prosecution’s case.
Coercion or duress: If you were forced to engage in drug distribution under threat of immediate harm or injury, this can be a viable defense. If an individual was threatened or coerced into distributing drugs, the law allows duress as a defense against the charges. For example, if someone threatened to harm you or your family personally unless you participated in distributing drugs, your lawyer could argue that you had no choice and were acting under duress. Proof of coercion or being under duress could result in reducing or dismissing charges.
Unreliable witness or evidence: The credibility of the prosecution’s witnesses can be called into question in a drug distribution defense. When the prosecution relies heavily on unreliable witnesses, such as informants with criminal histories or individuals with motives to lie, the defense can argue that the testimony is inconsistent, untrustworthy, or biased.

Why Choose Us?

Our Fort Lauderdale drug distribution lawyers at George Reres Law, P.A., have an extensive understanding of Florida drug crime laws. We can help protect your rights and effectively pursue the most favorable outcome possible in your case. If you are facing drug distribution charges, it is important to understand your rights and have compassionate, experienced, and aggressive legal representation on your side. Our firm has successfully represented clients facing all types of criminal charges in Fort Lauderdale. Call us at 954-543-1186 to find out how we can help you.