Fontainebleau Drug Trafficking Defense Lawyer
Our attorney specializes in defending federal drug crime charges
Drug offenses are some of the most heavily penalized crimes in the federal and state legal codes. As a state with a high rate of illegal drug activity, drug crimes are especially investigated and prosecuted aggressively. Being accused of a drug offense in Florida should never be taken lightly. If you are facing a drug charge in Fontainebleau, you need a Florida drug defense attorney. A Fontainebleau drug trafficking defense lawyer can protect your rights from overstep by law enforcement and federal prosecutors. Joffe Law is a highly esteemed South Florida criminal defense law firm that specializes in drug trafficking cases.
Illegal drug activity in South Florida
Various actors in the illegal drug trade value South Florida as an important hub for many reasons. Geographically, Florida has an extensive coastline that provides ample opportunity for illegal drugs to be transported to the U.S. by sea. Florida is just a short trip away from production and transit countries in the Caribbean Islands and South America. Once illegal drugs have arrived in the state, an extensive highway system and several major airports make it easier for drug traffickers to transport illegal drugs to cities throughout the Eastern United States.
Within Florida, illegal drug organizations find a lucrative market. Millions of tourists travel to the state every year. South Beach is known worldwide for its non-stop party atmosphere. Drug dealers supply residents and visitors who are looking for illegal substances while enjoying the nightlife scene. Everyday drug users can also be found across the state in communities of all income levels.
Getting involved in drug-related activity in Florida can happen more easily than people may think. Drug organizations rely on a network of people to process, transport, and sell drugs. What may seem to be an opportunity for easy money can lead to a federal prison sentence for drug trafficking or a related offense.
Drug possession and other drug offenses
Drug possession is a standalone offense, and it is also a required element prosecutors must prove in other drug offenses that carry more severe sentences. Florida law recognizes active and constructive possession.
ACTIVE & CONSTRUCTIVE POSSESSION OF DRUGS IN FONTAINEBLEAU
Most people think of active possession when it comes to crimes like drug possession. Active possession occurs when the defendant has the illegal item:
- on his or her body
- in a pocket in the clothing he or she is wearing
- in a bag, wallet, or other accessory he or she is wearing, holding, or carrying
- within his or her physical reach
Constructive possession refers to the defendant having an item in an area that is within his or her control even if the area is not within the defendant’s reach. Examples of constructive possession include:
- having an illegal item in an assigned locker at work
- having an illegal item in a personal storage unit
- having an illegal item in a private bedroom closet
- having an illegal item in a the trunk of your personal vehicle
Cases in which the defendant is accused of constructively possessing an illegal item are more likely to be subjective. Therefore, a Florida drug trafficking defense lawyer may challenge the element of possession in a drug trafficking charge more easily if the defendant is accused of constructively possessing an illegal drug.
Drug trafficking under Florida law
Florida’s very broad drug trafficking law allows prosecutors to charge defendants for multiple drug-related activities under one statute. State law defines drug trafficking as knowingly selling, purchasing, manufacturing, delivering, importing, or knowingly being in active or constructive possession of an illegal controlled substance. The state’s Comprehensive Drug Abuse Control and Prevention Act categorizes hundreds of controlled substances into five different schedules based on:
- potential for abuse
- risk of dependency
- known medical uses
Florida’s drug trafficking law refers to Schedule I and Schedule II substances. Illegal substances that are categorized as Schedule I or Schedule II controlled substances are assigned a minimum threshold quantity, which determines the difference between a drug possession charge and a drug trafficking charge.
Do not say anything that might incriminate you. Speak with an attorney first.
Proving drug trafficking based on possession
Unlike the federal drug trafficking statute, Florida’s drug trafficking law does not require prosecutors to prove the defendant had the intent to move or sell the illegal substance. Prosecutors can establish the case for drug trafficking in state court if they can prove the defendant actively or constructively possessed an illegal drug in an amount that meets or exceeds the minimum threshold quantity.
Drug manufacturing and cultivation under Florida law
Florida does not have a separate drug manufacturing law. Instead, prosecutors charge manufacturing and cultivation offenses under the state’s drug trafficking statute. An individual may be charged and convicted for drug manufacturing under state law if he or she prepares, produces, propagates, compounds, cultivates, grows, converts, or processes a controlled substance. Cultivation is the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance.
Drug distribution charges in Florida
Where drug trafficking focuses on the quantity of a controlled substance the defendant possesses, distribution is based on the defendant’s intent to move the controlled substance. A Florida court may convict a defendant for distributing a controlled substance even if he or she is not caught in the act of distributing drugs. Evidence that suggests the defendant intended to sell or distribute an illegal drug is typically sufficient to establish a distribution charge. Examples of evidence may include:
- the presence of a scale with drug residue on it
- the presence of an unusually large sum of cash in close proximity to the controlled substance
- the presence of a firearm in close proximity to the controlled substance
- the presence of a list of what appears to be customer contacts in close proximity to a controlled substance
Evidence of distribution may be subjective. A Fontainebleau drug trafficking defense attorney can challenge the state’s evidence if it does not definitively prove the intent to distribute drugs. It is important to note that disproving the intent to distribute drugs may not prevent a conviction for drug trafficking if the state is still able to prove the defendant possessed the illegal drug in the minimum threshold quantity or greater.
Florida drug-free zones
State law recognizes certain areas as drug-free zones. If a defendant is convicted for engaging in illegal drug activity within 1,000 feet of a drug-free zone, the defendant may be subjected to an enhanced sentence. Examples of drug-free zones include:
- daycare centers
- grade schools
- universities
- assisted living communities
- government housing buildings
- government properties
- 24-hour convenience stores
- convenience stores that sell groceries
Some properties are only drug-free zones during certain hours. For example, schools are drug-free zones from 6 a.m. to 12 midnight. Therefore, a defendant who is convicted for engaging in illegal drug-related activity within 1,000 feet of a school will not be subjected to enhanced sentencing if the activity took place outside of the drug-free zone hours.
Criminal liability for maintaining a place for drug-related purposes
You don’t have to actively be involved in buying, selling, distributing, or manufacturing drugs to be charged for drug-related activity. Under Florida law, it is illegal to maintain a dwelling for a drug-related purpose. Property owners, renters, and anyone else who knowingly maintains a space for drug use, manufacturing, or distribution may be charged for a state level felony offense. People who have prior convictions for maintaining a space for drug activity, also referred to as habitual offenders, may be penalized with an enhanced sentence in subsequent cases.
Accused of operating a drug house in Fontainebleau?
A drug house is any place where controlled substances are illegally kept, sold, or used. Florida law classifies drug houses as public nuisances. A drug house can be:
- a store
- a shop
- a warehouse
- a dwelling house
- a building
- a structure
- a vehicle
- a ship
- a boat
- a vessel
- an aircraft
- any other place that is visited by people for the purpose of unlawfully using drugs or where drugs are kept, sold, or delivered
State law prohibits the act of owning, leasing, or renting any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the property will be used for trafficking a controlled substance. Because Florida’s drug trafficking law is so broad, someone who regularly has house parties and gatherings at which people consume illegal drugs may be charged for operating a drug house. A Fontainebleau drug trafficking defense lawyer can challenge the state’s evidence of the home being used as a drug house by proving that the home is used for non-drug-related purposes like everyday living, operating a home office, and hosting parties at which no one abuses an illegal substance.
Owning, leasing, or renting any place with the knowledge that the place will be used for the purpose of drug trafficking, the sale of an illegal drug, or illegal drug manufacturing is a third-degree felony under state law. If convicted, the individual may be sentenced to a maximum of five years in state prison and ordered to pay a fine of up to $5,000.
Actively or constructively possessing a place with the knowledge that the place will be used for the purpose of drug trafficking, selling illegal drugs, or manufacturing illegal drugs is a second-degree felony. If convicted, the defendant may be sentenced to up to 15 years in prison and ordered to pay a fine of up to $10,000.
Actively or constructively possessing a place with the knowledge that the place will be used for the purpose of drug trafficking, selling illegal drugs, or manufacturing illegal drugs with the knowledge or reason to know that a minor resides onsite is a third-degree felony. If convicted, the defendant may be sentenced to up to 30 years in prison and ordered to pay a fine of up to $10,000.
Prescription drug laws in Fontainebleau
From the early 2000s through 2010, Florida became notorious for medical clinics that became known colloquially as pill mills. These clinics dispensed prescription opioid medication with minimal regulation. Patients could visit pill mills and receive prescription painkillers without having a medical exam or submitting other info that would alert physicians to potential drug abuse or illegal sales. Pill mills became so common that the stretch of Interstate 75 that runs through Florida was often referred to as “the Oxy Express.” In response to the rise of pill mills in the state, Florida’s legislature enacted tough legislation against illegal prescription drug possession and distribution.
ILLEGAL POSSESSION OF A PRESCRIPTION DRUG
An individual may be charged and convicted for illegally possessing a prescription drug if he or she possesses a drug without a valid prescription. Not only can people be convicted for having a prescription drug without a prescription, but forged prescriptions, expired prescriptions, and prescriptions that have someone else’s name listed as the patient are also grounds for criminal charges.
If the defendant who has no prior drug charges is convicted for possessing less than the minimum threshold quantity of a prescription drug, possession without a valid prescription, the defendant may qualify for a diversion program. People who have two or more prior prescription drug charges are likely to be treated with less leniency by a Florida court. Depending on your background and the facts of your case, your Fontainebleau drug crimes defense attorney can argue on your behalf for a lesser sentence.
Fontainebleau drug trafficking defense lawyer
Don’t leave your Florida drug trafficking case in the hands of a less qualified attorney. If you have been charged with drug trafficking or a related offense, you will likely face fierce prosecution and the potential for severe sentencing. If you have been charged under federal law, the stakes are even higher as federal prosecutors have a conviction rate that exceeds 90 percent. Now is the time to seek out a reputable Fontainebleau drug defense lawyer who is determined to obtain the best possible outcome for you. Call Joffe Law to learn more about our Florida drug trafficking defense lawyer or to receive a case evaluation.