Drug Trafficking Defense Attorney Hialeah
We offer the expert representation you need for federal drug charges
South Florida has become a notorious region for illegal drug trafficking. For that reason, it is not uncommon to meet people who are directly or indirectly involved with the illegal drug trade in various capacities. Florida and the federal government have enacted tough laws against the trafficking, manufacturing, and distribution of illegal drugs. Therefore, people who are convicted on drug charges can easily face several decades in prison and pay hefty fines. Not having a savvy Florida defense attorney on the case can place a defendant at the risk of wrongful conviction and unreasonable sentencing. Hialeah residents who are accused of drug trafficking in Florida can call on the team at Joffe Law. David Joffe has defended Floridians in drug trafficking cases for more than 35 years. The professionals at Joffe Law know the ins and outs of both the state and federal court systems when it comes to drug crimes.
Florida as a major illegal drug trafficking hub
Logistically, Florida is a dream come true for drug trafficking organizations that operate in South America and the Caribbean. With the second-longest coastline among the 50 states, Florida’s lengthy shoreline has several potential entry points for drug traffickers who want to import illegal substances by sea. The state’s high volume of watercraft traffic makes it more difficult for the local and federal authorities to completely screen every vessel that enters Florida for illegal drugs. Once illegal drugs have entered Florida, drug traffickers use the state’s multiple interstate highways and airports to distribute illegal drugs throughout the eastern half of the country.
Federal and state drug trafficking charges
Drug offenses can very easily become federal crimes. There are certain elements in a case that may automatically implicate federal jurisdiction if present. Some of those elements are:
- activity that occurs in the stream of interstate or international commerce
- activity that occurs on federal government property
- the involvement of a federal government agency
- activity that occurs in a U.S. territory
Defendants who are charged in federal and state court generally have to prepare for two separate trials in two different court systems. If convicted in both cases, the defendant may be sentenced up to the maximum penalty in each case.
Hialeah drug possession charge
Drug possession is a serious offense under state and federal law. Not only can possession be charged as a standalone offense, but it is also a required element in drug charges that have more severe sentences. Prosecutors will also charge a defendant with a more severe offense along with possession. If the prosecution is unable to prove all of the required elements for the more severe offense, the defendant may still be convicted for possession.
State and federal law recognize actual and constructive possession. Actual possession is what most people think of when they imagine someone being arrested for drug possession. A court is likely to rule that a defendant is in actual possession of an illegal controlled substance in any of the following situations:
- the defendant has the substance hidden on his or her physical person
- the defendant has the substance in his or her backpack
- the defendant has the substance in a pocket or compartment in his or her clothing
- the defendant knowingly has the substance under his or her seat while inside a vehicle
Cases that involve constructive possession are more subjective. Nevertheless, courts are likely to easily rule that a defendant constructively possesses an illegal controlled substance if:
- the defendant has the substance in his or her assigned locker at work
- the defendant has the substance in his or her bedroom closet at home
- the defendant has the substance in the truck of his or her personal vehicle
- the defendant has the substance in an assigned storage unit
Defense attorneys can more easily challenge a constructive possession charge if the illegal substance was found in a common area. For example, prosecutors may have more difficulty proving a defendant possessed an illegal substance that was found in a common closet in a house the defendant shares with three roommates or in the trunk of a company vehicle that is driven several times a day by different employees.
Under Florida law, drug possession is most often a third-degree felony offense if the defendant possesses less than the minimum threshold quantity. However, if the defendant possesses less than 20 grams of marijuana, the offense is a first-degree misdemeanor.
Do not say anything that might incriminate you. Speak with an attorney first.
Drug trafficking under Florida law
Florida’s drug trafficking statute encompasses several drug offenses. State law defines drug trafficking as the intentional sale, purchase, manufacture, delivery, or importation of an illegal controlled substance into Florida. Defendants may also be convicted for drug trafficking under Florida law if they possess an illegal controlled substance in the minimum threshold quantity. When a defendant possesses the minimum threshold quantity of an illegal substance, state law does not require the prosecutor to prove the defendant had the intent to sell, distribute, import, or manufacture an illegal drug.
MINIMUM THRESHOLD QUANTITIES IN FLORIDA DRUG TRAFFICKING CASES
Florida’s Drug Abuse Prevention and Control Act organizes hundreds of substances into five schedules. The classifications are based on:
- the substance’s potential for being abused
- the likelihood of someone becoming dependent on the substance
- the substance’s known medical uses
Schedule I and Schedule II substances also have a specified minimum threshold quantity. The minimum threshold quantity is the smallest amount of a substance state prosecutors must prove to establish a charge of drug trafficking. Some examples of minimum threshold quantities are:
- 25 lbs. of cannabis or 300 plants
- 28 grams of cocaine
- 28 grams of phencyclidine
- 14 grams of amphetamine
- 4 grams of heroin, hydrocodone, oxycodone, morphine, or fentanyl
- 1 gram of LSD
- 200 grams of methaqualone
- 1 kilogram of GHB
Illegal drug manufacturing in Florida
Florida prosecutes drug manufacturing charges under the state’s drug trafficking statute. State law defines drug manufacturing as intentionally preparing, deriving, producing, compounding, or repackaging an illegal substance.
Currently, Fentanyl is produced in its illegal form exclusively outside of the U.S. and imported into the country by illegal drug organizations. However, Florida’s drug trafficking law allows defendants to be convicted for manufacturing fentanyl if they are involved in packaging or repackaging the illegal drug.
POSSESSION OF PARAPHERNALIA IN DRUG MANUFACTURING CASES
In some cases, a law enforcement agency may raid a property in search of a drug lab, but the agents may not necessarily find an illegal substance onsite. In the absence of an illegal substance, the party who owns or controls the property may still be charged with a Florida drug crime. A state prosecutor may charge the defendant if he or she is in possession of items that appear to be used for drug manufacturing. Examples of items prosecutors may point to as evidence of illegal drug manufacturing may include:
- mixing equipment
- a tablet press
- a scale
- various bowls
Oftentimes, the evidence prosecutors offer in support of a drug manufacturing claim is highly subjective. If your Hialeah drug crimes defense attorney can prove that you use the items for a non-drug-related purpose, a court will be less likely to convict you.
Drug trafficking vs. drug distribution
People often think of drug trafficking and drug distribution as interchangeable offenses. Nevertheless, there are subtle differences between the two terms that matter in a court of law. Florida courts focus more on quantity when a defendant is accused of drug trafficking. However, drug distribution does not require a defendant to possess a minimum quantity. Instead, prosecutors must present evidence that proves the defendant’s intent to move the substance in some capacity, whether through sale, transportation, or any other means of distribution. Evidence that may suggest the defendant’s intent to distribute drugs may include:
- the presence of a scale with drug residue on it
- the presence of a large sum of cash in close proximity to an illegal controlled substance
- the presence of a contact list in close proximity to an illegal substance
- the presence of a firearm in close proximity to an illegal substance
Drug-free zones under Florida law
Florida law designates certain types of areas as drug-free zones. If an individual is convicted for engaging in illegal drug-related activity within 1,000 feet of a drug-free zone, a Florida court may enhance the sentence in the case. For example, someone who is caught trafficking the minimum threshold quantity of a drug in a drug-free zone may be convicted on a first-degree felony charge instead of a second-degree felony, which is standard in Florida drug trafficking cases. Some examples of properties that are drug-free zones are:
- daycare centers
- schools
- universities
- assisted living centers
- government-owned properties
- government housing projects
- convenience stores that sell groceries
- convenience stores that are open 24/7
Some drug-free zones only have drug-free zone designation during certain hours. For example, Florida schools are only drug-free zones from 6 a.m. to 12 midnight. Therefore, a Florida court cannot enhance sentencing based on the drug-free zone designation if the offense took place outside of the designated drug-free zone hours.
Prescription drug offenses in Florida
More than 10 years ago, Florida was notorious for its clinics that were known colloquially as “pill mills.” Whether searching for prescription painkillers to sell or seeking out quantities of prescription drugs to support a personal addiction, visitors could go to pill mills and receive prescription drugs without undergoing a physical examination. The staff at pill mills generally did not check into the patient’s records to see if he or she had received prior prescriptions for the same drug.
In response to widespread prescription drug abuse, Florida’s legislature enacted tougher laws against prescription drug fraud and abuse. Today, it is illegal under Florida law to possess a prescription drug without a valid prescription. Nevertheless, people who are seeking to bypass regulatory restrictions on prescription painkillers use other tactics to get access to prescription drugs including:
- stealing prescription pads and forging prescriptions
- burglarizing pharmacies and medical properties that store prescription drugs
- impersonating a medical professional and calling prescriptions in to pharmacies
- altering valid prescriptions
- visiting multiple doctors to obtain multiple prescriptions
- using a fake name to prevent doctors from discovering how many prescriptions the individual has received
ACCUSED OF ILLEGALLY POSSESSING A PRESCRIPTION DRUG IN HIALEAH
There are cases in which someone may have a valid reason for possessing a prescription drug without a valid prescription. For example, someone who is picking up a prescription for an injured or ill family member may be stopped by the police while on the way to deliver the medication. A person who owns a medical transportation business may be stopped while in possession of someone else’s prescription drug if a business customer accidentally left medication in the vehicle. An individual who borrows a friend’s car may unknowingly be in possession of a prescription drug the friend accidentally left in the vehicle.
Florida’s prescription drug laws are strict. But your Hialeah prescription drug defense lawyer can help you navigate your case. A state court will be less likely to convict if your attorney can provide proof that you did not intentionally possess the drug or that you had a valid reason that is acceptable under state law.
Hialeah drug trafficking defense lawyer
Defendants should never face a state or federal drug charge alone. Retaining a qualified lawyer will significantly reduce the risk of the system taking advantage of you by infringing on your rights. Our team will thoroughly examine every aspect of your case to determine the best approach to constructing your defense. Contacting a defense attorney as early as possible will better position your defense lawyer to protect your rights and possibly prevent unnecessary scrutiny during the investigative stage. When you are represented by Joffe Law, you can always feel confident that you have a formidable legal advocate on your side and working in your favor. Call Joffe Law to learn more about how we defend people who are accused of drug trafficking in Hialeah.