Lighthouse Point Drug Trafficking Lawyer
35+ years experience defending state & federal drug charges
Drug trafficking is a common source of revenue in South Florida. From a legal standpoint, not only is drug trafficking risky for those who directly engage in the illegal activity, but those who have any type of relationship with a drug organization may also be thoroughly investigated. Joffe Law represents people who are facing serious drug charges in Lighthouse Point FL. David Joffe has more than 35 years of experience successfully fighting federal and state drug trafficking cases in South Florida.
South Florida as a major drug trafficking hub
South Florida is a favored hub for many drug trafficking organizations. The state’s lengthy coastline has numerous access points criminal organizations use to import drugs by sea. Close proximity to drug producing and transit countries in South America and the Caribbean Islands makes the U.S. mainland just a short trip away. The diverse immigrant communities make it easy for traffickers to form relationships with people who have ties to drug production and transit countries. Drug organizations also target members of immigrant communities when they are looking for ways to launder illegal drug money. Once an organization imports drugs into Florida, they use the state’s numerous airports and major interstate highways to distribute the drugs into cities throughout the Eastern United States.
Drug organizations often approach people with what may appear to be an easy way to make money without actually selling anything illegal. However, Florida law does not require proof that an individual is actively transporting or selling an illegal drug to convict the individual on a felony drug charge. Call Joffe Law if you are in a legal bind due to your affiliation with a drug trafficking organization.
Federal and state drug laws
Drug offenses are punishable under state law, and in some cases the federal government may also have jurisdiction to prosecute the defendant. If certain factors are present in a drug case, the federal government may assert jurisdiction. Some of those factors are:
- activity that crosses one or more state lines
- activity that involves another country
- activity that occurs on federal property
- activity that occurs in a U.S. territory
- activity that involves a federal government employee
Although the crime of drug trafficking does not require prosecutors to prove the defendant had the intent to transport the illegal controlled substance, drug offenses are often federal crimes for geographical reasons. In most cases, illegal drugs or the products and materials that are used to create illegal drugs come from another country or a location in another state. Moreover, for most drug traffickers, the goal is for the drugs to be sold in communities across Florida and in other states. Courts do sometimes get jurisdiction wrong. If your case is being prosecuted in the wrong venue, your Lighthouse Point defense attorney can raise questions about which court system should have jurisdiction over your case.
Drug possession charge in South Florida
Before we can discuss how Florida prosecutes drug trafficking cases, it is important to understand the offense of drug possession. Drug possession is a standalone offense under federal and state law. Possession is also a foundational element in drug trafficking and other drug crimes that are sentenced more severely.
A defendant may be convicted in a court of law for drug possession whether he or she actively or constructively possesses an illegal controlled substance. Most people are familiar with active possession. An individual has active possession of an illegal drug if the substance is located on the individual’s body or within reach. Some examples of active possession are:
- stashing an illegal drug on your body
- holding an illegal drug in a pocket on your clothing
- having an illegal drug in a bag, wallet, or other accessory you are wearing or carrying
- having an illegal drug with within reach
Constructive possession can be more subjective. An individual may be ruled by a court to have had an illegal drug in his or her constructive possession if the drug was found in a place that is within the individual’s control. Some examples of constructive possession are:
- storing an illegal drug in your assigned storage unit
- having an illegal drug in the trunk of your car
- having an illegal drug in your personal closet at home
- stashing an illegal drug inside of a building that is leased in your name
Do not say anything that might incriminate you. Speak with a lawyer first.
In addition to proving the physical location of the illegal substance, the prosecution must also prove you were aware of the drug’s presence or had reason to know you were in possession of an illegal drug. Florida defense lawyers are often able to challenge possession, especially in cases in which an illegal drug was found in a shared space. For example, if drugs were found in the center console of a rental car that multiple employees shared for business purposes.
Possession of drug paraphernalia
If you do not possess an illegal drug, but you have drug paraphernalia, you can still be charged for a crime in Florida. State law defines drug paraphernalia as all equipment, products, and materials of any kind which are used, intended for use, or designed for use to any of the following:
- planting
- propagating
- cultivating
- harvesting
- growing
- manufacturing
- compounding
- converting
- producing
- processing
- preparing
- testing
- analyzing
- packaging
- repackaging
- storing
- containing
- concealing
- transporting
- injecting into the human body
- ingesting into the human body
- inhaling into the human body
- otherwise introducing into the human body
Items Florida courts interpret to be drug paraphernalia range from all sorts of pipes to rolling papers, scales, needles, and cutting devices. In many cases, items that may be used as drug paraphernalia have normal, everyday, non-drug-related uses. Therefore, your Lighthouse Point FL drug crimes attorney may be able to successfully argue that an item a prosecutor alleges is drug paraphernalia is just an ordinary non-drug-related item.
Possession of drug paraphernalia is a first-degree misdemeanor. If convicted, a defendant may be sentenced to a maximum of 365 days in jail, 12 months on probation, and a fine of up to $1,000.
Drug trafficking in Florida
Florida’s legislature enacted the state’s drug trafficking statute to target the people who supply drug dealers with illegal drugs. Because traffickers are more likely to be caught with large quantities of drugs, the offense of drug trafficking in Florida is based on the quantity of a drug the defendant possessed at the time of the offense.
An individual may be charged with drug trafficking under state law if he or she possesses an illegal drug in the amount of the statutory minimum threshold quantity. Florida’s Comprehensive Drug Abuse Prevention and Control Act categorizes controlled substances into five schedules. Each category is based on the substance’s potential for abuse, risk of addiction, and known medical uses. The schedules also specify minimum threshold quantities that determine whether a person who possesses the drug can be charged with drug trafficking. In other words, the difference between a drug possession charge and a drug trafficking charge is quantity. Some examples of Florida’s minimum threshold quantities are:
- 25 lbs. of cannabis or 300 cannabis plants
- 28 grams of cocaine
- 14 grams of hydrocodone
- 10 grams of MDMA or ecstasy
- 7 grams of oxycodone
- 4 grams of fentanyl
- 4 grams of heroin
- 1 gram of LSD
- 1 gram of GHB (date rape drug)
Drug distribution charge under Florida law
People often use the terms trafficking and distribution interchangeably when describing illegal drug activity. However, the terms have subtle, but important differences under law. Where a drug trafficking charge depends on the quantity of a drug the defendant possesses, drug trafficking is more dependent on evidence that suggests the defendant intended to move the drugs. Examples of evidence that suggests drug distribution are:
- The presence of a scale located in close proximity to illegal drugs
- The presence of small plastic bags that are used to package illegal drugs
- The presence of large quantities of cash in close proximity to illegal drugs
- The presence of one or more firearms in close proximity to illegal drugs
Like constructive possession, attorneys are more likely to challenge the state’s interpretation of the evidence the state uses to support the argument for drug distribution. If the prosecution is unable to prove distribution, the defendant may still be convicted for drug possession or trafficking. Florida drug distribution charges are not dependent on proof that the defendant possessed the minimum threshold quantity.
Drug-free zones in Florida
State law designates certain spaces as drug-free zones. Defendants who are convicted for engaging in illegal drug-related activity within 1000 feet of a drug-free zone may be subjected to enhanced sentencing. For example, someone who is convicted for a third-degree felony offense may be sentenced for a second-degree felony if the activity occurred in a drug-free zone. Some examples of drug-free zones are:
- places of worship
- schools
- university
- daycares
- government buildings
- assisted living facilities
- 24-hour convenience stores
- convenience stores that sell groceries
Some drug-free zones are drug-free zones 24/7 while others are only drug-free zones during certain hours. Schools are drug-free zones between the hours of 6 a.m. and 12 midnight. If a defendant is accused of a drug offense that occurred within 1000 feet of a school, enhanced sentencing will only apply if the offense took place during the drug-free hours.
Drug manufacturing charges
Florida law does not treat drug manufacturing as a separate offense. State courts adjudicate drug manufacturing cases under the drug possession and drug trafficking laws. State law defines drug trafficking as the production, propagation, preparation, compounding, cultivation, growing, conversion, or processing of a controlled substance. Packaging and repackaging a drug also meets the definition of drug manufacturing under state law. The penalty for drug trafficking is based on the amount of an illegal drug the defendant has in his or her possession. If the defendant does not possess the drug in its final form but instead possesses the elements needed to produce the drug, the offense is cultivation.
Criminal charges for property owners in drug trafficking cases
People who own or maintain properties on which drug manufacturing or cultivation takes place may also be subjected to criminal liability. Florida law prohibits the act of owning, renting, leasing, or possessing a location for the purpose of manufacturing an illegal substance. Owning, renting, or leasing a place or structure with the knowledge that the property is being used to manufacture a controlled substance is a third-degree felony. If the defendant actively or constructively possesses a place, structure, or conveyance with the knowledge that the property is being used to manufacture a controlled substance that is intended for sale or distribution is a second-degree felony. Actively or constructively possessing any place, structure, or conveyance with a minor present or residing on the premises and with having knowledge that the place is being used to manufacture a controlled substance that is intended for sale or distribution is a first-degree felony.
Mandatory minimum sentencing in drug trafficking cases
Mandatory minimum sentences apply to Florida drug trafficking cases. When an offense carries a mandatory minimum sentence, the sentencing guidelines call for the judge to impose a specified minimum amount of time in jail or prison if the defendant is convicted for the offense. The mandatory minimum sentence in most drug trafficking cases is three years in prison. However, the minimum sentence increases with higher quantities based on the specific substance the defendant is accused of trafficking. Under certain circumstances, a Florida judge may be able to deviate from mandatory minimum sentencing guidelines. Your Lighthouse Point drug trafficking attorney can determine whether your case qualifies for an exception.
Lighthouse Point drug trafficking defense lawyer
Joffe Law is South Florida’s trusted legal defense firm for drug trafficking cases. If you have been charged with drug trafficking in Lighthouse Point FL, contact us. A member of our team will evaluate your case and determine the best strategy to defend you in state or federal court.