Federal Criminal Attorney Miami Lakes Federal Defense Attorney Drug Trafficking Attorney Miami Lakes

Drug Trafficking Lawyer Miami Lakes

Expert, tenacious federal drug crime defense attorney

People who are accused of drug offenses often face two sobering realities: the possibility of being convicted in state and federal court. Florida and the federal government aggressively investigate and prosecute drug trafficking and related crimes. If you are accused of a federal drug crime, your first step should be to contact an expert Miami Lakes drug trafficking defense attorney. Joffe Law has represented South Florida residents against serious drug charges for more than 35 years. We are the law firm to call if you are facing a major federal or state level drug charge in South Florida.

State and federal drug trafficking offenses

Drug trafficking can be a state or federal crime. There are certain factors that determine whether the federal government will have jurisdiction over a criminal matter. Cases that automatically implicate federal jurisdiction include:

activity that takes place within the stream of interstate or international commerce
activity that takes place on federal government property
activity that takes place in a U.S. territory
activity that involves a federal government employee or official

There are times when it may be unclear whether the federal government rightfully has jurisdiction over a matter. Your federal crime attorney in Miami Lakes can challenge the jurisdiction of your case and possibly help you avoid federal prosecution if successful.

Charged for drug possession in Florida

Drug possession is a fundamental drug charge. It is also an element in drug trafficking and other drug offenses that have more severe sentences. Florida law and federal law recognize actual and constructive possession. An individual has actual possession of a drug if he or she:

has the drug stashed directly on his or her body
has the drug in a pocket in the clothing he or she is wearing
has the drug in a handbag, wallet, backpack, or other accessory the individual is holding, wearing, or carrying
has the drug within his or her physical reach

Cases that involve constructive possession are often less clear and, therefore, are more easily challenged by a Miami Lakes drug trafficking defense attorney. An individual has construction possession of a drug if he or she has an illegal item in an area that is not necessarily within the defendant’s immediate reach but is within the defendant’s control. Examples of constructive possession are:

having drugs in your assigned desk at work
keeping drugs in your gym locker while you work out
stashing drugs in your bedroom closet at home
transporting drugs in the trunk of your car

Prosecutors are more likely to have difficulty proving constructive possession if the drugs are found in a communal area. For example, it is more difficult to prove one person possessed drugs that were found in the basement of a house that is shared by four roommates. Your attorney will challenge the state or federal prosecutor’s ability to prove that you possessed an illegal drug that was found in a space that was not exclusively within your control.

Drug trafficking offense in Miami Lakes

Florida’s drug trafficking statute is broad enough to allow prosecutors to charge multiple different offenses under one law. State law defines drug trafficking as knowingly selling, purchasing, manufacturing, delivering, importing or knowingly being in active or constructive possession of certain Schedule I or Schedule II controlled substances.

Florida’s Comprehensive Drug Abuse Prevention and Control Act lists hundreds of controlled substances and organizes them into five schedules. The substances are categorized based on their potential for abuse, the likelihood of someone becoming physiologically dependent on the substance after consuming it, and the substance’s known medical uses. The schedules in the Comprehensive Drug Abuse Prevention and Control Act largely mirror the schedules in the federal Controlled Substances Act.

The illegal substances that are listed in the schedules also have corresponding minimum threshold quantities. An individual may be convicted under Florida law if he or she possesses an illegal drug in a quantity that is greater than or equal to the state minimum threshold quantity for that particular drug. If the defendant possesses the drug in the minimum threshold quantity, Florida courts do not require prosecutors to prove the defendant had an intent to sell, distribute, or transport the illegal drug.

Just Arrested in Miami Lakes?

Do not say anything that might incriminate you. Speak with an attorney first.

Drug distribution under Florida law

People often refer to drug trafficking and drug distribution interchangeably. Under Florida law, the key difference between the two activities is the focus on quantity vs. movement. When drafting the state drug trafficking statute, Florida’s legislature envisioned drug traffickers as people who are most likely to be caught with large quantities of an illegal drug because they supply the people who sell the drugs. As a result, the state’s drug trafficking statute is based more on quantity than it is based on whether the defendant was actually moving or distributing the drugs.

A drug distribution charge can be substantiated in court even if the defendant does not possess an illegal drug in the minimum threshold quantity. Therefore, a defendant who only has one gram of an illegal substance may be convicted on a charge of drug distribution if the prosecutor is able to prove the defendant was in the process of moving or selling the drug or had the intent to do so. To establish a drug distribution charge, a prosecutor may introduce evidence of items that suggest the intent to sell or distribute an illegal drug. Examples of possible evidence of the intent to distribute drugs include:

the presence of a scale with drug residue on it
the presence of small plastic bags that are typically used to package drugs for sale
the presences of large sums of cash in close proximity to the illegal drugs
the presence of a list of contacts in close proximity to the illegal drugs
the presence of a firearm in close proximity to the illegal drugs

The evidence prosecutors present to support their argument that the defendant intended to distribute drugs are often subjective. If the equipment the prosecutor enters as evidence has more than one purpose, your defendant may be able to dismantle the prosecutor’s argument by providing proof that you use the equipment for a legitimate purpose.

Illegal drug manufacturing in Florida

Florida does not have a separate drug manufacturing statute. Instead, state prosecutors charge people who are suspected of manufacturing illegal drugs under the state’s drug trafficking statute. In Florida, drug manufacturing is defined as producing, preparing, compounding, or processing any controlled substance. State law also includes repackaging a drug in its definition of illegal drug manufacturing. Although fentanyl is normally manufactured in its counterfeit form outside of the U.S., an individual may be charged and convicted under Florida law for manufacturing fentanyl for simply repacking the illegal drug for sale.

Drug-free zones in Florida

There are certain types of properties that are designated as drug-free zones under Florida law. Individuals who are arrested for engaging in illegal drug activity within 1,000 feet of a drug-free zone may be subjected to enhanced sentencing. For example, an individual who is arrested for drug possession, which is a third-degree felony under Florida law, may be charged with a second-degree felony offense if he or she engages in drug-related activity near a school. Some examples of drug-free zones are:

schools
universities
daycare centers
federal government buildings
federal government housing complexes
assisted living centers
convenience stores that sell groceries
convenience stores that are open 24/7

Some drug-free zones are only active as such during certain hours. For example, schools in Florida are drug-free zones from 6 a.m. to Noon. Defendants who are convicted for engaging in drug-related activities outside of the drug-free zone hours cannot be subjected to enhanced sentencing for being involved in drug-related activity in a school zone.

Maintaining a dwelling for a drug-related purpose

You don’t have to physically touch illegal drugs to be convicted of a drug-related offense in Florida. State law prohibits the act of leasing, owning, or renting any place, structure or part thereof, trailer, or other conveyance with knowledge that the place, structure or part thereof, trailer, or other conveyance will be used for the purpose of trafficking in an illegal controlled substance or manufacturing an illegal controlled substance. Knowingly renting, leasing, or owning a property that is being used for drug trafficking or drug manufacturing is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.

Florida law also prohibits the act of being in actual or constructive possession of a place, structure or part thereof, trailer, or conveyance with the knowledge that the place is being used for the trafficking or manufacturing of an illegal controlled substance. The offense 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.

An individual who is in actual or constructive possession of a place, structure or part thereof, or conveyance with knowledge that the place is being used for drug trafficking and manufacturing may be charged with a first-degree felony if he or she is aware of a minor’s presence on the property.

Prescription drug offenses in Miami Lakes FL

More than 10 years ago, Florida’s notorious pill mills drew visitors from neighboring states. Instead of enjoying the warm weather and sunny beaches, the visitors would travel to the state’s unregulated. At the clinics, visitors could receive illegal prescription drugs without being examined or otherwise scrutinized. In response to the proliferation of pill mills, the state legislature enacted some of the toughest prescription drug laws in the country.

Obtaining illegal prescriptions today

Although the laws became tougher, people who have addictions continued to seek out ways of getting illegal access to prescription drugs. Some common strategies criminals use to gain access to prescription drugs include:

stealing a prescription pad
forging a valid prescription
doctor shopping
using a fake name when visiting doctors to get more prescriptions
impersonating a medical care professional and calling a prescription in to the pharmacy

Obtaining a prescription by fraud is a third-degree felony offense. If convicted, the defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000.

POSSESSION OF A PRESCRIPTION DRUG WITHOUT A VALID PRESCRIPTION

Florida law prohibits the possession of a prescription drug without a valid prescription. An individual may innocently have possession of a prescription drug without permission in the following situations:

picking up medication for a loved one
transferring prescription pills to a pill organizer or other case for easy storage
operating a medical transport service and discovering that one of the patients has left his or her prescription medications in the vehicle

State law carves out an exception in certain cases. For example, a sales representative who works for a pharmaceutical company is unlikely to be charged with a crime if he or she is transporting a prescription drug to or from a customer meeting or trade show. Doctors, pharmacists, and law enforcement officers are others who are unlikely to be charged if they transport prescription drugs in the course of their employment.

We are here to help you prove your case. If you have been accused of a prescription drug-related offense despite not engaging in illegal prescription drug activity, contact our talented team of legal professionals to learn how we can potentially help.

Miami Lakes drug trafficking attorney

If you have been charged with drug trafficking or another illegal drug offense, contact a formidable Florida criminal defense attorney. Whether you believe you may be under investigation or if a prosecutor has offered you a plea deal, the best thing you can do is contact an attorney. We represent defendants at all steps of the criminal court process, including federal appeals and post-conviction relief. Call Joffe Law today to learn more about our criminal defense services. A member of our team will evaluate your case so we can determine the best approach to defending you.