Homestead Drug Trafficking Lawyer
Unparalleled defense against tough state & federal drug crimes
In Florida, federal and local law enforcement agencies are tough on suspected drug crimes. People who are in the military often face even more intense scrutiny when it comes to illegal drug activity. The Uniform Code of Military Justice (UCMJ) outlaws drug offenses and other crimes specifically for people who are in the military. Some examples of military drug laws include Article 112a, which prohibits wrongful use, possession, distribution, or introduction of a controlled substance and Article 134, which specifically bans drug trafficking. Military servicemen and women may be court martialed if they violate the UCMJ’s drug laws. Additionally, people who are in the military may also be subjected to prosecution in federal and state criminal courts if they are accused of a drug offense that violates state or federal law. David Joffe represents military personnel at Homestead Air Reserve Base who are facing a drug charge in Homestead FL. The professionals at Joffe Law are qualified to navigate the military, federal, and state court systems on your behalf.
Drug offenses in South Florida
Florida is a major hub for certain international drug trafficking organizations. The reasons drug traffickers favor Florida are numerous. With the second-longest coastline in the union, Florida has multiple potential points of entry for drug traffickers who smuggle drugs into the United States by sea. The high volume of watercraft traffic in the state makes it difficult for law enforcement to search every vessel for illegal drugs. For drug traffickers who are looking to move controlled substances into the U.S. from South America and the Caribbean Islands, South Florida is just a short trip away.
For people who live in communities around Florida, it is not uncommon to encounter people who are involved in some aspect of the illegal drug trade. Some people are drawn into illegal drug activity themselves whether they are looking to make money or if they abuse illegal drugs. No matter now a person becomes exposed to the illegal drug trade, getting involved in any capacity can have lasting legal consequences.
Federal and state drug charges
Drug offenses may be charged in federal court, state court, or both. There are certain factors that automatically implicate federal jurisdiction in a drug case. A defendant may face federal drug charges if:
- the case involves an element that takes place within the stream of interstate or international commerce
- the case involves a federal government employee
- the case involves a U.S. territory
- the case involves government property
Illegal drug cases that involve people who are in the military are especially likely to violate federal law if they engage in illegal drug activity. Because Congress wrote the Uniform Code of Military Justice, the rules that are contained within the UCMJ are technically federal law.
Florida drug possession charge
Florida law and federal law recognize both actual possession and constructive possession. Actual possession is what most people imagine when they think of a drug charge. A defendant has actual possession of an illegal controlled substance if he or she has the substance in close physical proximity in an area that is under his or her control. Some examples of actual possession are:
- the defendant having the illegal substance stashed on his or her body
- the defendant having the illegal substance in a pocket on an article of his or her clothing
- the defendant having the illegal substance in a backpack the defendant is carrying
- the defendant having the illegal substance hidden under his or her seat while driving a car
Cases that involve constructive possession are often more difficult for prosecutors to prove. A defendant has constructive possession of an illegal substance if the substance is not directly on the defendant’s body or within the defendant’s reach, but the substance is in an area over which the defendant exercises control. Examples of constructive possession include:
- having illegal drugs in your locker at work
- having illegal drugs in the trunk of your vehicle
- having illegal drugs in your bedroom closet at home
- having illegal drugs in a storage unit you rent
The listed examples of constructive possession are more straightforward than many cases. Prosecutors have more difficulty proving constructive possession when the illegal drugs are found in shared private spaces or on public, vacant, or communal property.
Do not say anything that might incriminate you. Speak with a lawyer first.
Drug trafficking under Florida law
Florida’s drug trafficking law includes several drug-related offenses. Therefore, state prosecutors may charge criminal defendants for a variety of drug crimes under a single statute. Florida law defines drug trafficking as the intentional manufacture, sale, purchase, delivery, or importation of a controlled substance into Florida or the possession of an illegal controlled substance in a statutorily specified quantity.
MINIMUM THRESHOLD QUANTITIES IN FLORIDA DRUG TRAFFICKING CASES
Like the federal Controlled Substances Act, Florida’s Drug Abuse Prevention and Control Act organizes hundreds of controlled substances into five schedules. Each schedule is based on the substance’s potential for abuse, the likelihood of people developing a dependency on the substance and known medical uses. Schedule I and II substances also include a specified minimum threshold quantity. The minimum threshold quantity is the amount of an illegal substance that determines the difference between a drug possession charge and a drug trafficking charge. Some examples of minimum threshold quantities under Florida law are:
- at least 25 lbs. of cannabis or 300 plants
- at least 1 kg of GHB
- at least 28 grams of cocaine
- at least 14 grams of hydrocodone
- at least 10 grams of MDMA
- at least 7 grams of oxycodone
- at least 4 grams of fentanyl or heroin
Drug trafficking vs. drug distribution
Though people may casually refer to drug trafficking and drug distribution interchangeably, the two terms have very different meanings when it comes to the Florida law. Drug trafficking can be proven by establishing that a defendant possesses an illegal substance in a certain quantity. However, drug distribution is based on the defendant’s intent to sell, transport, or distribute the drug. A prosecutor may establish an accusation of drug distribution by providing evidence that suggests the individual had the intent to move the illegal substance in some way. The quantity of the illegal substance the defendant possesses is much less relevant if the prosecution can prove the defendant had the intent to distribute the drug. Examples of evidence that suggests the intent to distribute drugs may include:
- the presence of scales with drug residue
- the presence of large sums of cash in close proximity to drugs
- the presence of a contact list in close proximity to drugs
- the presence of a firearm in close proximity to drugs
The evidence prosecutors offer to support an accusation of drug distribution is often subjective. Your Homestead drug trafficking lawyer may be able to challenge the prosecution’s ability to prove the presence of certain items is linked to illegal drug activity.
Florida drug manufacturing charge
In Florida, drug manufacturing cases are prosecuted under the state’s drug trafficking statute. State law defines drug manufacturing as intentionally compounding, producing, cultivating, growing, converting, processing, preparing, propagating, packaging, or repackaging a controlled substance. Although fentanyl is legally produced in the United States by pharmaceutical companies, the drug is produced overseas in its illegal form. Currently, all illegal fentanyl is produced overseas and trafficked into the U.S. Nevertheless, an individual may be charged under Florida law for manufacturing fentanyl if he or she packages or repackages the drug in its illegal form or legally produced fentanyl without authorization.
POSSESSION OF DRUG PARAPHERNALIA
Sometimes when a law enforcement agency raids a suspected drug lab, the officers do not always find an illegal substance onsite. Even if there is no illegal substance present, the person who owns, rents, or otherwise exercises control over the property may still be charged with a crime. If the law enforcement agency finds items that may be used to manufacture drugs. Some examples of items that suggest the defendant’s intent to manufacture drugs include:
- a tablet press
- mixing spoons
- a scale
- certain chemicals
Like the circumstances that often surround a drug distribution charge, the circumstances in a drug manufacturing case may also be subjective. Your Homestead FL drug defense lawyer may challenge the charge by proving the items the prosecution has identified are used for purposes that do not involve drug abuse.
Drug-free zones in Florida
Florida law recognizes certain types of properties as drug-free zones. If a defendant is convicted for engaging in illegal drug-related activity within 1,000 feet of a drug-free zone, a Florida judge may enhance the defendant’s sentence. Some examples of Florida drug-free zones are:
- daycare centers
- schools
- universities
- assisted living facilities
- government properties
- government housing buildings
- convenience stores that are open 24/7
- convenience stores that sell groceries
Certain drug-free zones only have drug-free designation during certain hours. For example, schools are only drug-free zones from 6am to 12 midnight. Therefore, if a defendant is convicted for engaging in illegal drug activity outside of the drug-free zone hours, the court will not enhance the sentence.
Mandatory minimum sentences in Florida drug cases
Federal and state drug charges often carry mandatory minimum sentences. Mandatory minimum sentencing guidelines call for judges to automatically sentence convicted defendants to a minimum amount of time in prison if they are convicted for certain drug offenses. Although a judge may be required to sentence a defendant to the mandatory minimum, the judge may still sentence the defendant up to the maximum penalty for the offense. In very specific situations, judges may deviate from mandatory minimum sentencing guidelines.
Illegal prescription drugs in Florida
More than a decade ago, Florida’s “pill mills” were notorious. People traveled across state lines to get prescription painkillers to support their own addictions or to sell. Pill mills were clinics that supplied prescription drugs to customers without conducting physical examinations or determining whether the individual previously had a prescription filled in the past. In response to the state’s high rates of illegal prescription drug activity, Florida’s legislature enacted tougher laws against possessing a prescription drug without authorization.
Today, people who want access to prescription drugs for personal use or to sell use a variety of tactics to get the drugs they seek. Some common illegal strategies include:
- visiting multiple doctors to obtain multiple prescriptions
- using fake names to deter doctors from detecting that they have previously received one or more prescriptions for the drug
- impersonating an authorized medical professional and fraudulently calling a prescription in to a pharmacy
- stealing and forging prescription pads
- altering legitimate prescriptions
- burglarizing pharmacies and healthcare facilities that have prescription drugs onsite
- stealing medication from people who have valid prescriptions
ILLEGAL POSSESSION OF A PRESCRIPTION
Florida law prohibits the possession of a controlled substance without a valid prescription. Nevertheless, there are several situations in which someone may have a prescription drug in his or her possession without intending to break the law. Some examples include:
- a family member who picks up medication for another family member
- someone who operates a medical transportation service and accidentally leaves medication in the vehicle
- someone borrows a friend’s vehicle, and the friend’s medication is in the vehicle
- a family member comes to visit, and the family member leaves accidentally leaves his or her medication in the person’s home after the visit
Possession of a prescription without authorization is a second-degree misdemeanor offense in Florida. Defendants who are convicted may be sentenced to a maximum of 60 days in jail and ordered to pay a fine of up to $500. If you have been wrongfully accused of illegally possessing a prescription drug without a valid prescription, your Homestead defense lawyer can help you prove your case.
Homestead FL drug trafficking defense attorney
If you are facing an illegal drug charge in Florda, being in the military may further complicate matters as you may be charged in multiple courts for a single incident. Joffe Law is a leading drug defense law firm in Florida. We represent military personnel and civilians in complex drug cases. Contact our Homestead FL drug defense lawyer to learn more about our track record in drug trafficking cases and to receive a case evaluation.