Drug Trafficking Lawyer in Aventura

Florida’s 10-20-Life law in Aventura drug trafficking cases

In 1999, Florida’s legislature enacted the “10-20-Life” statute. The 10-20-Life law calls for courts to apply a mandatory minimum of 10 years, 20 years, or a life sentence in cases that involve the use of a firearm. Most crimes on the list of applicable offenses are violent crimes; however, drug trafficking is also listed among the eligible offenses.

Within the context of a drug trafficking offense, the 10-20-Life statute requires a judge to set aside the standard mandatory minimum sentencing guidelines for if the defendant had a firearm. Instead, the 10-20-Life law requires the judge to sentence the defendant to 10 years in prison if the defendant possessed a firearm without using the firearm while trafficking drugs. If the defendant fired the firearm, the law calls for the judge to sentence the defendant to a minimum of 20 years in prison. The minimum sentence increases to 25 years to life if the firearm discharged and seriously injured or killed someone while the defendant trafficked drugs.

Drug trafficking and Florida’s felony murder rule

Florida law recognizes the felony murder rule, which allows a defendant to be charged with murder if a death occurs while the defendant is engaged in committing a felony offense. Similar to the list of offenses that qualify for the 10-20-Life law, the list of offenses that qualify for the federal murder rule are mostly violent in nature. However, drug trafficking is also listed among the offenses that can be a base offense for felony murder.

Felony murder is penalized with the state’s harshest penalties. In Florida, there are only two penalties for felony murder. A defendant who is convicted on a felony murder charge can either be sentenced to life in prison or the death penalty.

It is not uncommon for people who traffic large quantities of drugs to also carry a firearm. The possibility of conviction under the 10-20-Life law or felony murder make the stakes so high that defendants should not entrust their case to a public defender. An experienced Aventura drug trafficking defense lawyer will have the resources and expertise to provide the necessary level of legal representation.

Drug trafficking in Aventura and related offenses

Individuals who are charged in Florida are likely to find themselves facing other charges. State prosecutors charge drug trafficking defendants with other offenses depending on the facts of the case. A prosecutor may also charge the defendant with lesser crimes if the state may have difficulty proving all of the elements of a more severe drug trafficking charge. Related offenses that are often charged in drug trafficking cases are listed below.

DRUG POSSESSION CHARGES

Drug possession is the most commonly charged drug offense in Florida. Possession is a criminal offense on its own, and possession is a fundamental element in more complex drug offenses. Florida law prohibits the actual and constructive possession of controlled substances unless the individual has a prescription for the controlled substance.

Florida courts have determined that a person has actual construction if he or she has a controlled substance in hand, in a container within ready reach, or in close proximity. Legal professionals often refer to actual possession as having the substance within the immediate vicinity and under the individual’s control.

Constructive possession is defined as having control over the substance and knowing where it can be located for use. Defense attorneys are sometimes able to challenge a possession charge by proving that either the defendant didn’t have control over the illegal substance or had no knowledge of its location.

POSESSION WITH INTENT TO DISTRIBUTE

Depending on the quantity of drugs a defendant was caught with, the state may charge the defendant with possession with the intent to distribute. State prosecutors upgrade a simple possession charge to possession with the intent to distribute if law enforcement observed a larger quantity of drugs than one would possess for personal use. The presence of drug distribution tools like scales, small bags, or cash arranged would also cause the charge to be upgraded to possession with the intent to distribute.

Under Florida law, possession with intent to distribute is a felony with a minimum mandatory sentence of three years in state prison. State law does not require the prosecution to prove the defendant had the intent to sell the substance. The presence of the drug in a quantity that is too large for personal use is enough for courts to conclude the defendant had intent to sell or distribute the drug.

DRUG MANUFACTURING

Florida law prohibits the manufacturing and cultivation of a controlled substance. Manufacturing is the process of making a controlled substance. Cultivation is the act of growing, producing, or making a controlled substance. If charged with manufacturing or cultivating, the prosecutor does not have to prove the defendant actually made a controlled substance. The presence of the products needed to make a controlled substance is sufficient to substantiate a drug manufacturing charge. For example, if the police conduct a search and find a large quantity of marijuana seeds and plants or the chemical agents used to produce crystal meth, the state will likely charge the individual with drug manufacturing or cultivation.

Defenses against drug trafficking charges

Depending on the facts of a defendant’s case, an Aventura defense lawyer may choose from among several different arguments to refute the state’s case. Common defenses in drug trafficking cases include:

• illegal search or seizure of evidence
• entrapment
• defective investigative lab equipment
• informant lacks credibility

ILLEGAL SEARCH & SEIZURE IN AVENTURA DRUG TRAFFICKING CASES

Law enforcement officers are required to follow a specific set of rules when conducting a traffic stop or searching private property for evidence. If the police failed to follow the rules, a defense attorney can challenge a drug trafficking charge based on illegal search and seizure. A law enforcement officer can only search private property if:

• a court issues a search warrant
• the person who owns or occupies the property consents to the search
• the officer finds evidence in plain sight
• the discovers a crime in progress

If you believe the police may have conducted an illegal search or improperly seized evidence, contact an federal defense lawyer in Aventura. Your attorney will review the facts of your case and determine whether the police have violated your rights. If a court finds that evidence was improperly obtained, the judge will not allow the evidence to be admitted at trial and used against the defendant.

ENTRAPMENT

Police officers often investigate potential drug trafficking cases by conducting a sting operation. During a sting operation, one or more law enforcement officers will go undercover and pretend to be interested in either purchasing or selling drugs. Throughout the course of the sting operation, the undercover agent will work to learn more about drug traffickers and pretend to have common interests. When a member of a drug ring arranges to make a sale to the police officer, the law enforcement group will typically conduct a raid and make arrests.

Law enforcement agents are prohibited from entrapping, or inducing, people to engage in illegal activity. This means law enforcement agents cannot convince someone to possess, sell, manufacture, or traffick drugs by telling the person he or she is not committing a crime by doing so. The police are also prohibited from using threats of force or other means to induce someone to break the law. In cases that involve entrapment, the defense attorney may be able to prevent conviction by proving the defendant would not have otherwise engaged in the crime if the police hadn’t induced the defendant to do so.

CHALLENGING INFORMANT CREDIBILITY

In drug trafficking cases, the state often uses confidential criminal informants to obtain leads and investigate other people who may be involved in trafficking drugs. A defense attorney may challenge a criminal informant’s credibility by raising questions regarding his or her motivations to avoid criminal penalty. The defense may also raise questions about the informant’s past criminal activities.

STATE AND FEDERAL CHARGES

Not only is drug trafficking a state offense, but federal law also prohibits the trafficking of controlled substances. There are several ways a drug trafficking case can become a matter of federal law:

• if the illegal activity crosses state lines or an international border
• if the activity takes place on government property
• if the activity involves a government official

Defendants in drug trafficking cases may potentially be prosecuted in federal and state court without violating the double jeopardy clause in the Constitution. This means the defendant may be sentenced to state and federal prison if convicted in state and federal court.

Contacting an Aventura drug trafficking lawyer

Defendants who are facing a drug trafficking charge may be sentenced to a lengthy jail sentence and/or ordered to pay a large fine for each count. If you or someone you know has been accused of drug trafficking, you need the professional guidance and representation of a qualified Aventura drug trafficking attorney. Contact Joffe Law to learn more about your legal options.

Also see the following related content…

Federal Appeals Attorney in Aventura
Aventura White Collar Crime Lawyer