Miami Gardens Drug Trafficking Lawyer
Our firm specializes in defending state & federal drug crimes
Federal and state law enforcement agencies and international drug traffickers view South Florida as a land of opportunity. The two sides focus on the region for very different reasons. For drug traffickers, South Florida is an important hub for importing illegal drugs into the United States and distributing controlled substances throughout the Eastern half of the country. Law enforcement agencies recognize the important role their focus on Florida plays in curbing the entry of illegal drugs into the United States. People who find themselves caught in the middle as a defendant in a federal or state level drug case require a strong Florida defense attorney who understands the intricacies that are often involved in illegal drug cases. Joffe Law is one of South Florida’s trusted criminal defense law firms that focus on drug crimes. If you have been accused of drug trafficking in Miami Gardens, give us a call to explore the legal options for your defense.
South Florida as an international drug trafficking hub
International drug traffickers are attracted to South Florida for many reasons. Florida has the second-longest coastline among the 50 states. A lengthy coastline gives drug traffickers multiple possible points of entry through which illegal drugs may be smuggled into the country covertly. The state’s high volume of watercraft traffic increases the probability of trafficking organizations being able to slip past the agencies that monitor cargo that enters the borders by sea. South Florida’s close proximity to production and transit countries in South America and the Caribbean means the shores of the U.S. are just a short trip away by ship or boat.
Drug trafficking organizations rely on a network of people who are oftentimes located in two or more countries. The international aspect of the illegal drug trade means drug trafficking cases in Florida very often lead to federal charges.
Federal and state drug charges
Drug trafficking defendants may be charged in state court, federal court, or in both court systems. Defendants who face federal and state charges generally have to prepare for two separate trials and may be convicted in each venue separately. Florida and the federal government have some of the toughest drug trafficking laws in the country. Therefore, the penalties can add up very quickly if you are convicted in both court systems. A defendant’s state level drug case will also likely implicate federal jurisdiction if:
- the case involves activity that occurs within international or interstate commerce, even if the transactions are inherently illegal
- the case involves a federal government employee
- the case is being investigated by a federal agency
- the case involves activity that takes place on federal government property
- the case involves activity that takes place in a U.S. territory
Our Miami Gardens drug trafficking defense attorney represents defendants in federal and state court. Contact us if you are facing a drug trafficking charge in Florida.
Drug possession charges in Florida
Possession is the foundational drug charges. People often think of possession as a simple charge. However, you can be charged with a felony and sentenced to time in prison for possessing an illegal controlled substance in Florida. Under federal and state law, an individual has possession of an illegal item if he or she has the item within his or her control. Both jurisdictions recognize actual and constructive possession.
Actual possession is what most people imagine when they think of a drug possession charge. A defendant may be convicted based on a charge of being in actual possession of an illegal item if:
- the item is on the defendant’s physical person
- the item is in a pocket or other compartment in the individual’s clothing
- the item is in a bag, wallet, or other accessory the individual is carrying wearing, or holding
- the item is within the individual’s physical reach
Constructive possession is sometimes more difficult for prosecutors to prove. Some more straightforward examples of construction possession are:
- having an illegal item in your locker at work
- having an illegal item in the trunk of your car
- having an illegal item in your bedroom closet
- having an illegal item in your assigned storage unit
Proving constructive possession is generally more difficult if the illegal item is found in a communal setting. For example, a case in which illegal drugs were found in a closet that is in the common area of a house you share with three roommates is likely to be more challenging.
Do not say anything that might incriminate you. Speak with an attorney first.
Charged for trafficking drugs into Florida?
Florida’s drug trafficking law is so broad in scope that it encompasses several different drug crimes within one statute. State law defines drug trafficking as the intentional sale, distribution, manufacture, purchase, delivery, or transportation of an illegal controlled substance into Florida. Under Florida law, state prosecutors are not required to prove a defendant was actively engaged in or intending to sell, distribute, manufacture, or transport an illegal substance. A state level drug trafficking charge can be based on the possession of an illegal controlled substance in an amount that meets or exceeds the minimum threshold quantity.
MINIMUM THRESHOLD QUANTITIES IN MIAMI GARDENS DRUG TRAFFICKING CASEs
Similar to the federal Controlled Substances Act, Florida’s Drug Abuse Prevention and Control Act organizes hundreds of controlled substances into five schedules. The schedules are based on:
- the potential for the substance to be abused
- the potential of someone becoming dependent on the substance
- the substance’s known medical uses
Certain Schedule I and Schedule II substances also have minimum threshold quantities specified within the schedule. The minimum threshold quantity is the amount Florida courts use to distinguish between a drug possession charge and a drug trafficking charge that is based on the amount of a drug the defendant possesses. Some examples of minimum threshold quantities are:
- 25 lbs. of cannabis or 300 plants
- 28 grams of cocaine
- 14 grams of hydrocodone
- 10 grams of MDMA
- 8 grams of oxycodone
- 4 grams of heroin or fentanyl
- 1 gram of LSD
- 1 kilogram of GHB
If you are facing a drug trafficking charge in Miami Gardens, you need an attorney who thoroughly understands the complexities of Florida’s drug laws. Call Joffe Law to learn more about our track record in Florida drug trafficking cases.
DRUG DISTRIBUTION VS. DRUG TRAFFICKING
People tend to think of drug distribution and trafficking interchangeably, but there are subtle differences between the two offenses. The key difference between the two terms is the movement of the illegal substance. Drug trafficking in Florida can be based on the quantity of the substance alone. However, a drug distribution charge can be based on any quantity as long as the prosecution provides evidence that proves the defendant had the intent to transport, sell, or otherwise distribute the illegal substance.
Illegal drug manufacturing in Florida
Illegal drug manufacturing cases are prosecuted under Florida drug trafficking statute. Florida’s legal definition of drug manufacturing includes several activities such as producing, propagating, preparing, compounding, packaging, repackaging, or relabeling of a prohibited controlled substance. Fentanyl is produced in its illegal form abroad and imported and sold as a street drug in the U.S. The street version of fentanyl differs in appearance and often dosage and content from the pharmaceutical grade of fentanyl that is produced legally in the U.S. by pharmaceutical drug manufacturers. Although illegal fentanyl is produced in other countries, Florida’s drug manufacturing statute still allows prosecutors to charge individuals for manufacturing fentanyl if the defendant packages, repackages, labels, or relabels the illegal controlled substance.
POSSESSION OF DRUG PARAPHERNALIA
In some cases, a law enforcement agency may raid a suspected illegal drug manufacturing lab, but they do not find an illegal substance on the premises. If law enforcement finds materials that are commonly used to manufacture illegal drugs, the person who owns, occupies, or possesses the property may be charged with a drug offense. Some items that may suggest a defendant intended to or was engaged in drug manufacturing include:
- certain chemicals
- mixing equipment
- an assortment of bowls
- a food scale
- packaging that is commonly used to package drugs
Possession of drug paraphernalia may also be charged when a defendant is suspected of having items that are used to abuse illegal drugs. Oftentimes, the circumstances that surround possession of drug paraphernalia charges are subjective. Your Miami Gardens drug defense lawyer will challenge the prosecution to prove the items found were used for an illegal drug-related purpose and not for their ordinary, non-drug-related intended purpose.
Drug-free zones in Florida
Florida law designates certain types of properties as drug-free zones. In cases in which a defendant is convicted for engaging in drug-related activity within 1,000 feet of a drug-free zone, the court may enhance sentencing. For example, a defendant who is convicted for drug trafficking in a drug-free zone, may be charged with a first-degree drug trafficking offense instead of the standard second degree trafficking charge. Examples of drug-free zones are:
- daycare centers
- schools
- universities
- Assisted living centers
- convenience stores that sell groceries
- convenience stores that are open 24/7
- government buildings
- government housing
Some drug-free zones are only drug-free zones during certain hours. For example, schools in Florida are drug-free zones from 6am to 12 midnight. Defendants who are convicted for a drug-related offense outside of the drug-free hours cannot be subjected to enhanced sentencing based on the location in which the offense took place.
Prescription drug laws in Florida
More than a decade ago, Florida was also infamous for the illegal prescription drug trade. People who were in search of prescription painkillers to support their own addiction as well as those who were looking to sell prescription painkillers flocked to the Sunshine State. The state was home to multiple “pill mills,” which were clinics that prescribed and dispensed prescription painkillers with minimal supervision and regulation. People who visited pill mills could get prescription painkillers without undergoing a medical examination or being subjected to an investigation into whether they had previously received the drug from another medical provider. Pill mills were so common in years past that the stretch of Interstate 75 that runs through Florida was dubbed the “Oxy Express” in reference to the widespread availability of oxycodone through pill mills that were located throughout the corridor.
In response to the widespread availability of prescription drugs in the state Florida’s legislature enacted tougher prescription drug laws. Today, you can be charged with a criminal offense if you possess a controlled substance without a valid prescription. Despite the state’s tougher prescription drug laws, people who seek out prescription drugs use the following tactics:
- doctor shopping or visiting multiple doctors to get multiple prescriptions
- using fictitious names to prevent doctors from discovering previous prescriptions
- stealing and forging prescription pads
- altering valid prescriptions
- burglarizing pharmacies and healthcare centers that keep prescription drugs on hand
- stealing prescription drugs from private homes
- impersonating a qualified healthcare professional and calling a prescription in to a pharmacy
In some cases, an individual may have a valid reason for possessing a prescription drug without a valid prescription. For example, a person who is helping a family member who is ill or injured may be stopped by the police while picking up the family member’s prescription. Someone who operates a medical transportation business may unknowingly have a prescription drug in his or her vehicle if a customer accidentally leaves his or her medication behind. When borrowing someone else’s car, the driver may unknowingly have the other person’s prescription drug inside the vehicle. Possession of a controlled substance without a prescription is a second-degree misdemeanor. If convicted, the defendant may be sentenced to up to 60 days in jail and ordered to pay a fine of up to $500. Your Florida defense attorney can fight a wrongful charge for illegally possessing a prescription drug.
Miami Gardens drug trafficking defense
If you are facing a drug trafficking charge in Miami Gardens FL, having a seasoned Florida drug trafficking lawyer on your side will likely substantially improve the outcome in your case. Contact Joffe Law to receive a case evaluation. Our team will review your case and determine the best approach to defending you.