The mandatory minimum prison sentence for drug trafficking in Florida is three years. Sentencing depends on the specific type of drug being trafficked, but most have a three-year minimum prison sentence. These are mandatory minimum sentences, so judges have little to no discretion to reduce them.
As such, it’s vitally important to secure legal representation if you are facing drug trafficking charges. A Miami drug trafficking defense lawyer can defend you against charges and explore avenues for avoiding prison.
Florida’s Drug Trafficking Laws Explained
There is a significant amount of drug trafficking in Miami and Florida more generally. The state’s large coastline and proximity to drug sources in the Caribbean and Latin America make it a major port of entry for large shipments of dangerous drugs.
To combat criminal activity, Florida has passed some of the harshest drug trafficking laws in the country. In Florida, drug trafficking is a first-degree felony, the highest kind of criminal classification. Trafficking in this context involves knowingly selling, purchasing, manufacturing, or transporting drugs into the state.
You can also be arrested and charged with drug trafficking if you are caught with over a specific amount of drugs. These drug thresholds are amounts over which charges for drug trafficking become automatic.
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How Mandatory Minimum Sentencing for Drug Trafficking Works
Florida Statutes 893.135 defines mandatory minimum sentencing in terms of the drug being trafficked and its quantity. For example, here is how minimum sentencing for trafficking heroin works:
- 4 grams–14 grams: 3 years
- 14 grams–28 grams: 15 years
- 28+ grams: 25 years
So if you were caught with four grams of heroin, you would receive a three-year mandatory minimum Notice how the mandatory minimum sentence progressively gets larger the greater the quantity of the drug.
The absolute minimum for trafficking is three years for most kinds of drugs. However, some drugs have higher minimums. For example, the minimum sentencing for trafficking fentanyl (four grams) is seven years instead of three. Maximum penalties can range from 15 years to a life sentence in prison.
Possession vs. Trafficking in Florida
For the purposes of drug laws, Florida doesn’t distinguish between trafficking and possession above a certain amount. If you are caught with more than the legally defined drug threshold, the presumption will be that you were trafficking. This will be the case even if there is no other evidence of sales, distribution, or transportation.
Note, however, you can still be charged for trafficking even if you have under the threshold amount. You can still receive a charge if the prosecution proves you had the intent to sell. Evidence that could indicate an intent to sell includes the following:
- Scales and weighing equipment
- Drug packaging materials (e.g., plastic bags)
- Communications conveying an intent to sell (e.g., text, email, etc.)
- Eyewitness testimony
- Large amounts of unexplained cash
- Ledgers or records of sales and transactions
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Can I Avoid Mandatory Minimum Sentences?
Judges have virtually no discretion to reduce mandatory minimums for drug trafficking. The harsh nature of the punishment is one reason Florida’s drug trafficking laws have come under fire by some civil rights and legal activist groups.
However, prosecutors can opt to waive mandatory sentences if the offender provides substantive assistance to law enforcement in arresting and convicting accomplices in trafficking. If the offender provides assistance, the state attorney can file a motion to have the judge reduce or suspend the sentence.
This is the only legal mechanism to avoid mandatory sentencing for drug trafficking that is explicitly authorized by the law. If you have been arrested for drug trafficking and may have information of use to law enforcement, your attorney can help you petition to have the mandatory sentence reduced or waived.
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Defenses Against Drug Trafficking
Beating the charges is one way to avoid sentencing for drug trafficking charges. Below are some potential strategies a defense lawyer could use.
- No knowledge. Trafficking and possession charges require you to knowingly and intentionally possess the substance. If you didn’t know about the drugs or they weren’t yours, it could mitigate your criminal responsibility.
- Illegal search and seizure. If the police illegally searched your vehicle or home, an attorney can work to suppress evidence, even incriminating evidence like drug product.
- Reduced charges. Your lawyer can also negotiate with the prosecution to secure a lower possession charge. This may be a viable strategy if you were caught with an amount close to the legally defined trafficking thresholds.
Contact a Drug Trafficking Lawyer in Miami Today
Drug trafficking is a serious charge and deserves an equally serious defense. DMR Law can defend you against drug trafficking charges and work to find alternative punishments to prison if possible.
Do you have more questions about the minimum sentence for drug trafficking in Miami? Contact us today to speak to a criminal defense lawyer in Miami about your case.
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