Denying knowledge or intent and questioning the quality of evidence are some of the most effective defense strategies for drug trafficking charges. As with any criminal case, the prosecution must prove guilt beyond a reasonable doubt, so any strategy that introduces doubt can be successful. An experienced Miami drug trafficking lawyer can assess the evidence and decide which defense would work best in your situation.
Understanding Florida’s Drug Trafficking Laws
Florida Statutes 893.135 defines drug trafficking as knowingly selling, purchasing, manufacturing, delivering, bringing into the state, or possessing specified amounts of controlled substances. In Florida, if you are caught with over a specific amount of a drug, you will be charged with trafficking. The legal thresholds for various common substances are as follows:
- 25 pounds of marijuana
- 28 grams of cocaine
- 7 grams of oxycodone
- 4 grams of fentanyl
- 4 grams of heroin
- 14 grams of meth
- 1 gram of LSD
In most cases, trafficking charges are based on meeting or exceeding these statutory weight thresholds. These are just per se limits that set thresholds for mandatory trafficking charges. You can still receive a trafficking charge under these amounts if the prosecution proves an intent to sell, manufacture, or distribute.
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Penalties for Drug Trafficking in Florida
Florida has some of the harsher drug laws in the country, and trafficking is one of the most severe drug offenses in the criminal code. Drug trafficking is a first-degree felony, which means it carries mandatory minimum imprisonment terms. The exact term depends on the specific type and amount of drug in question.
For example, trafficking between 25 and 2,000 pounds of marijuana carries a mandatory three-year minimum prison sentence. Trafficking of between 2,000 and 10,000 pounds has a seven-year minimum sentence. Since they are mandatory sentences, judges have little to no discretion in deciding their length.
Offenders may also be ordered to pay civil fines ranging from tens to hundreds of thousands of dollars. The law also defines enhanced penalties for people who cause death or injury by knowingly trafficking dangerous drugs.
Defenses Against Drug Trafficking Charges
The stakes of a drug trafficking charge are incredibly high, so you need a Miami criminal defense lawyer to build a strong defense. Below are some of the most effective defense strategies for drug trafficking charges:
You Didn’t Know About the Drugs
Drug trafficking is a crime of intent, so you must knowingly and willfully transport drugs to be convicted. If you had no knowledge of the drugs and they didn’t belong to you, an attorney can argue you lacked the intent to commit a crime.
For example, you may not have known about the drugs that a roommate brought into a shared living space. Alternatively, you could have grabbed a bag that you didn’t know contained a large amount of drugs. It is not unheard of for someone to plant drugs on another person without their knowledge.
Drugs Were for Personal Use
An attorney could also argue that any drugs were solely for personal use and not for sale or distribution. This might be a viable strategy if you were caught with an amount close to the minimum drug thresholds, or if there is no other evidence of an intent to sell. Your attorney could also negotiate an agreement with the prosecution to reduce a trafficking charge to possession in exchange for a guilty plea.
Illegal Search and Seizure
Police must follow proper procedure when arresting suspects and seizing their property. If the police illegally searched your home or vehicle, your attorney could file a motion to suppress evidence they recovered or request a charge dismissal. This includes any incriminating evidence, such as drugs or distribution equipment.
You Were Coerced into Trafficking
Trafficking must be willful in order to be a crime. If you were coerced into transporting drugs or someone threatened you/your family, it could mitigate criminal responsibility. In order to claim a defense of duress, the threat must be more than just a concern or worry. It must be an imminent and credible threat you have reason to believe will be acted on. Similarly, you must not have intentionally put yourself in a criminal situation where duress may have occurred.
Police Entrapment
Entrapment refers to a situation where law enforcement pressured or otherwise encouraged you into criminal misconduct you wouldn’t have committed otherwise. In the context of drug trafficking cases, entrapment can be a valid defense if an undercover police officer unnecessarily pressured you into committing the crime. Entrapment may apply if law enforcement induced someone to commit a crime they were not otherwise predisposed to commit.
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DMR Law: Drug Trafficking Lawyers in Miami
Florida’s drug trafficking laws are extremely harsh, and the prosecution pursues conviction vigorously. If you are facing drug trafficking charges, you need an experienced attorney to protect your rights and freedom to the greatest extent possible.
If you have more questions about defense strategies for drug trafficking charges, contact DMR Law online or call our offices by phone today.
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