Doral Drug Trafficking Defense Attorney
Expert federal drug charge lawyer on your side
South Florida is notorious for having high rates of illegal drug activity. Illegal drug abuse in South Florida transcends culture, income level, and location. Because the region is such an important hub for the illegal drug trade, it is not uncommon for people to unknowingly engage in activities that directly or indirectly support the activities of drug trafficking organizations. Individuals who are accused of a drug-related offense should always take the potential of getting convicted for a drug charge seriously. South Florida and the federal government prosecute drug-related crimes aggressively. Therefore, defendants in federal drug cases need the legal defense services of a Doral drug trafficking lawyer who is even more aggressive.
Federal and state drug trafficking charges
Drug trafficking is both a federal and state offense. What may otherwise be a state offense can easily become a federal charge if any of the following factors are present:
- activity that occurs in the stream of interstate or international commerce
- activity that involves a federal government employee
- activity that occurs on federal government property
- activity that occurs in a U.S. territory
If you are facing state and federal charges, you may be convicted on both sets of charges in both venues. We recommend having a Doral drug trafficking defense attorney review your case to determine whether your attorney may challenge the basis for federal jurisdiction.
Drug possession vs. drug trafficking
No discussion on drug trafficking can begin without first addressing state and federal drug possession laws. Drug possession is a standalone offense, and it is also an element Florida prosecutors must prove in drug trafficking cases.
ACTUAL POSSESSION VS. CONSTRUCTIVE POSSESSION
Most people are familiar with the concept of actual possession. An individual actively possesses an illegal item if he or she has the item on his or her body, in the pocket of his or her clothing, in a bag, wallet, or other accessory the defendant is wearing or physically holding, or within the defendant’s reach.
The lines are more likely to be blurred in cases that involve constructive possession. An individual has constructive possession of an illegal item if the item is within his or her control. Examples of constructive possession are:
- storing drugs in an assigned storage unit
- stashing drugs in a personal closet
- securing drugs in the truck of your car
- keeping drugs in your locker at work
Constructive possession is more straightforward when the drugs are found in an area that only the defendant can access. However, the prosecution may have more difficulty proving its case if the illegal drugs are found in common areas. Your Doral defense lawyer will most likely challenge whether you constructively possessed the drugs as described by law if:
- the drugs were found in the basement of a home you share with roommates
- the drugs were discovered in an open field next to your house
- the drugs were discovered in a shared storage unit
- the drugs were stored in the trunk of a company car that is used by multiple employees
When you request a case evaluation from Joffe Law, we will examine all the elements in your case we can potentially challenge. Our knowledgeable Doral FL drug defense lawyer is well-versed in state and federal drug trafficking laws.
Do not say anything that might incriminate you. Speak with an attorney first.
Drug trafficking under Florida law
Florida law defines drug trafficking as knowingly selling, purchasing, manufacturing, importing, delivering, or knowingly being in actual or constructive possession of certain controlled substances. The state Comprehensive Drug Abuse Control and Prevention Act categorizes hundreds of controlled substances into five schedules based on each substance’s:
- potential for abuse
- risk of dependency
- known medical uses
Substances that are covered by the state’s drug trafficking law are generally classified as Schedule I or Schedule II substances within the Comprehensive Drug Abuse Prevention and Control Act. The schedules also specify minimum threshold quantities for drugs that are covered by the state drug trafficking law. If a defendant is in possession of an illegal drug in a quantity that is equal to or greater than the minimum threshold quantity, the individual may be convicted for drug trafficking. It is important to note that prosecutors do not have to prove the defendant had the intent to sell or transport the illegal substance in a drug trafficking case. Being in active or construction possession of the drug in an amount that meets or exceeds the minimum threshold quantity is enough to establish a drug trafficking charge.
Drug trafficking under federal law
The elements of a federal drug trafficking charge differ slightly from the elements Florida prosecutors must prove in state level drug trafficking cases. Federal law defines drug trafficking as illegally transporting or transacting in controlled substances. An individual may be charged under federal law if he or she manufactures, distributes, dispenses, or possesses with the intent to manufacture, distribute, or dispense an illegal controlled substance. In addition, the activity must meet the jurisdictional requirements for the offense to be charged in federal court. Unlike Florida’s drug trafficking law, the federal law requires the prosecutor to prove the defendant was manufacturing, distributing, or dispensing an illegal controlled substance or had the intent to do so.
Related drug offenses in Doral FL
People who are charged with drug trafficking in Doral FL are often charged with other related offenses. The exact charges vary from case to case, but here are some of the common related offenses we see in Florida drug trafficking cases:
- possession
- drug manufacturing
- drug distribution
- conspiracy
CHARGES INVOLVING DRUG POSSESSION AND DRUG TRAFFICKING
A drug trafficking charge is often accompanied by a simple drug possession charge. Prosecutors often charge defendants with drug trafficking and possession because sometimes the prosecution may be unable to prove all of the elements of drug trafficking. When offering a plea deal, prosecutors will also offer a lesser sentence in exchange for the defendant pleading guilty to possession instead of pleading not guilty and going to trial for drug trafficking. Whether you accept a plea deal is your choice. However, we do not recommend accepting any offer made by the prosecution without consulting a Florida drug trafficking defense attorney. Your Florida defense lawyer may be able to help you get a better deal or take your case to trial and win an acquittal on your behalf. Regardless, you should always consult an attorney to help you protect your constitutional rights and avoid being sentenced unnecessarily or inappropriately for the charge.
If you are facing federal charges for illegal drug activity, a federal prosecutor may charge you with possession if it is clear that you had no intent to manufacture, distribute, or transport an illegal drug. Because the required elements in the federal and state drug trafficking laws are different, it is possible to be convicted for drug trafficking in state court based on a situation that only meets the definition of drug possession under federal law. Your federal defense lawyer in Doral can help you understand the charges that have been filed against you.
DRUG MANUFACTURING UNDER FLORIDA & FEDERAL LAW
There is a federal law against manufacturing drugs; however, Florida does not have a separate drug manufacturing law. Florida’s drug trafficking statute was written broadly enough to allow prosecutors to charge a variety of drug offenses, including manufacturing, under the same statute. Nevertheless, an individual may be charged under the state drug trafficking law for manufacturing if he or she prepares, derives, produces, compounds, or repackages an illegal drug.
Federal law defines drug manufacturing as the act of producing or attempting to produce a controlled substance. Anyone who participates in any part of the manufacturing process may be convicted on a federal charge of drug manufacturing, assuming the offense meets the jurisdictional requirements. Therefore, anyone who knowingly supplies or delivers equipment or raw materials someone uses to illegally manufacture drugs may be charged and convicted under federal law. However, a federal prosecutor must prove the party had the intent to participate in the process of manufacturing an illegal drug.
DRUG DISTRIBUTION OFFENSE
People often use the terms “trafficking” and “distribution” interchangeably. However, the two words have very different meanings under Florida law. In Florida, a trafficking offense can be based solely on the amount of an illegal drug a defendant possesses. A state distribution is more similar to the federal drug trafficking law in that the prosecution must prove the defendant had an intent to transport, sell, or otherwise distribute an illegal drug.
Florida law defines drug distribution as importing, selling, or moving a controlled substance. An individual may be charged and convicted for drug distribution even if a law enforcement officer does not observe the individual in the act of selling an illegal drug. The presence of surrounding circumstances that suggest distribution is often enough to substantiate a drug distribution charge. Some examples of things that support an accusation of drug distribution are:
- the presence of a scale with drug residue on it
- the presence of large sums of cash located in close proximity to the illegal drugs
- the presence of a firearm in close proximity to a drug stash
- an unexplained list of contacts located in close proximity to illegal drugs
Even the presence of a steady stream of known drug abusers frequenting the location at all times of night may suggest drug distribution. Activity that suggests drug distribution is often subjective. Your Florida defense attorney can challenge the state’s argument that certain items or circumstances prove you were distributing an illegal substance.
FLORIDA CONSPIRACY LAW
State law defines conspiracy as an agreement by two or more people to commit a criminal offense with the intent that the criminal act will actually be committed. In other words, a discussion between two or more people about committing a crime becomes an actual conspiracy when there is real intent to commit the crime. State prosecutors are not required to show proof that the defendant engaged in any action to move the conspiracy forward. Conspiracy is a standalone offense prosecutors may charge in addition to another criminal charge.
Possible defenses against federal drug offenses
Each Doral criminal drug case presents different angles from which a Florida drug lawyer may defend his or her client. Listed below are some common defenses attorneys utilize in Doral drug trafficking cases and for related offenses.
LACK OF INTENT
Drug possession, trafficking, distribution, manufacturing, and conspiracy all require the prosecutor to prove the defendant knowingly and intentionally engaged in the illegal activity. Therefore, a defense attorney may offer evidence of the defendant’s lack of knowledge of the illegal item or lack of intent to commit a crime to refute a drug charge. For example, someone who is pulled over and arrested for drug trafficking may not be convicted if the defense attorney can prove someone placed the drugs in the trunk of the car without the defendant’s knowledge.
THE SUBSTANCE WAS NOT ILLEGAL
A defendant who purchased a kilo of powdered sugar that was packaged to resemble cocaine cannot be convicted on a charge of possession. An element in state and federal possession laws requires the individual to actively or constructively possess a substance that is an illegal drug. Although the court could not convict the defendant for possession in this example, the defendant may still be convicted on a charge of conspiracy if he or she planned and intended to purchase an illegal substance.
ILLEGAL SEARCH & SEIZURE
Sometimes, a law enforcement agency may find an illegal drug while conducting an unlawful search. For example, if the police are generally looking for illegal drugs and they decide to enter a random home without permission or a search warrant, the people who own, lease, or live at the home cannot be convicted based on evidence the police seized during the illegal search.
Doral FL drug trafficking defense lawyer
Law enforcement agencies, judges, and prosecutors are generally very tough in drug cases. If you have been accused of drug trafficking in Doral, you need an attorney whose determination meets and exceeds that of a federal drug prosecutor. Call David Joffe’s team at Joffe Law to schedule a case evaluation.