Miami Shores Drug Trafficking Attorney
Powerful representation for state & federal drug charges
Florida’s high rates of illegal drug activity across the state are no secret. Consequently, the federal and state governments have increased their efforts over the years to crack down on drug offenders in criminal court. The federal government has a conviction rate that exceeds 90 percent. Florida has some of the toughest drug laws in the country. If you are accused of drug trafficking in Florida, you need formidable legal representation to protect you against the potential pitfalls in the state and federal criminal justice systems. Joffe law represents people who have been charged with drug trafficking in Miami Shores and surrounding areas.
Miami Shores and South Florida as a drug trafficking hub
South Florida is an important hub for organizations that traffic illegal drugs. There are several reasons illegal drug organizations prefer Florida as a point of entry for illegally transporting drugs into the United States. The state’s lengthy coastline has multiple potential access points for smuggling drugs into the country by sea. Drug traffickers find a local market for illegal substances in communities across the state. Some of the millions of travelers who flock to the state every year also add to the demand for illegal drugs. Drug traffickers sometimes recruit members of South Florida’s immigrant communities for help with money laundering and drug smuggling. Once drugs are inside of Florida, drug traffickers use the local interstate highways and airports to transport the illegal drugs to other states.
Federal and state drug trafficking charges
Drug offenses can be state crimes, federal crimes, or both. The presence of any of the following factors can make a drug crime a federal:
- an element in the case that occurs within the stream of interstate or international commerce
- an element in the case that takes place on a U.S. territory
- an element in the case that involves a federal government employee or official
- an element in the case that involves a federal agency
Individuals who are charged in state and federal court may have to prepare for two separate criminal trials–one in state court and another in federal court. Defendants who are convicted on state and federal charges may be sentenced twice for charges that arise from a single incident without violating the double jeopardy clause in the Constitution.
Federal drug possession lawyer in Miami Shores FL
An individual is in possession of an illegal substance if the controlled substance is prohibited under federal law or Florida law and if the individual has the substance in an area he or she controls. The federal and state drug possession laws recognize actual and constructive possession.
Actual possession refers to the act of having an illegal item in very close proximity or directly touching the individual. A court would likely find that a defendant has actual possession of an item if he or she:
- has the illegal item on his or her physical person
- has the illegal item inside of a pocket or compartment in his or her clothing
- has the illegal item in a bag, wallet, purse, or other accessory the defendant is holding or carrying
- has the illegal item within physical reach
Constructive possession occurs when an individual has an item in an area that is within his or her control although the area may not be in very close proximity to the individual. These cases are often more subjective. Examples of constructive possession include:
- keeping an illegal item in your assigned locker at work
- keeping an illegal item in your bedroom closet at home
- keeping an illegal item in the trunk of your personal vehicle
- keeping an illegal item in your private storage unit
Cases in which law enforcement finds an illegal item in a space to which other people regularly have access may be more difficult for a prosecutor to prove. For example, if you are accused of possessing drugs that were found in the basement of a home you share with three roommates, your Miami Shores drug defense lawyer would likely provide evidence that multiple other people could have easily accessed the space and stashed the drugs there.
Do not say anything that might incriminate you. Speak with a lawyer first.
Florida’s drug trafficking law
Instead of having separate laws for various different drug offenses, Florida’s drug trafficking law covers most activities people do with illegal drugs, including possessing drugs in large amounts. State law defines drug trafficking as knowingly selling, purchasing, manufacturing, delivering, importing, or transporting an illegal controlled substance. Drug trafficking in Florida is also defined as being in active or constructive possession of an illegal controlled substance in an amount that meets or exceeds the minimum threshold quantity.
MINIMUM THRESHOLD QUANTITIES IN FLORIDA DRUG TRAFFICKING CASES
Similar to the federal Controlled Substances Act, Florida’s Drug Abuse Prevention and Control Act lists hundreds of controlled substances and categorizes them into five schedules. The classification system is based on:
- The substance’s risk of being abused
- The risk of humans developing a dependency on the substance
- The substance’s known medical uses
For each illegal controlled substance that is listed in Schedule I or II, the statute also lists the minimum threshold quantity that meets the definition of drug trafficking. The minimum threshold quantity is used to draw a distinguishing line between drug possession cases that should be charged as possession and cases that should be charged as drug trafficking. Some examples of minimum threshold quantities are:
- 1 kilogram of GHB
- 200 grams of methaqualone
- 28 grams of cocaine or phencyclidine
- 14 grams of amphetamine
- 4 grams of hydrocodone, oxycodone, fentanyl, or morphine
- 1 gram of LSD
DRUG TRAFFICKING VS. DISTRIBUTION
People often refer to drug trafficking and drug distribution interchangeably. However, the two legal terms have subtle, but important differences when it comes to illegal drug charges.
Drug distribution is focused on the element of movement. When someone is accused of distribution, the amount of an illegal drug the defendant possessed at the time of the offense is less relevant. Instead, the prosecutor must prove the defendant had the intent to sell, transport, or otherwise move an illegal controlled substance. A defendant may be convicted for drug distribution even if law enforcement agents only find a trace amount of an illegal controlled substance in the defendant’s possession. Prosecutors may prove a charge of drug distribution by providing evidence that proves the defendant’s intent to move the illegal substance. Examples of evidence that may suggest the intent to distribute drugs include:
- the presence of a scale with drug residue on it
- the presence of a contact list in close proximity to a stash of illegal drugs
- text messages between the defendant and a contact person discussing the price of the drug and a pickup location
- the presence of small plastic bags that are commonly used to package drugs for resale
In many cases, evidence that is offered as proof of the defendant’s intent to distribute drugs is subjective. Your attorney may be able to overcome an allegation of drug distribution by proving that you use the items that are offered as evidence for a non-drug-related purpose.
A drug trafficking charge can be entirely based on the amount of an illegal drug the defendant possessed. Therefore, a prosecutor may establish a drug trafficking charge without providing proof of the defendant’s intent to distribute an illegal controlled substance if the prosecutor proves the defendant possessed the controlled substance in an amount that meets or exceeds the minimum threshold quantity.
Florida drug manufacturing charge
Florida prosecutes drug manufacturing cases under its drug trafficking statute. State law defines drug manufacturing as the unlawful production, preparation, propagation, compounding, fabrication, or repackaging of any controlled substance. The prosecution must prove the defendant created or intended to create an amount of a controlled substance that would be greater than someone would have for personal consumption.
Fentanyl is exclusively produced in its illegal form outside of the United States. However, Florida’s drug trafficking law still allows people to be charged for manufacturing a drug under certain circumstances. Because state law includes the act of repackaging a drug in its definition of drug manufacturing, an individual who repackages fentanyl may also be convicted for illegally manufacturing a controlled substance.
In some cases, the police may suspect a defendant is in possession of a drug lab, but when searching the property, law enforcement officers do not find an illegal controlled substance on the property. In those cases, the defendant may still be charged for possession of drug paraphernalia if the state believes equipment found on the property may be used for illegal drug manufacturing. Some examples of items that may suggest illegal drug manufacturing are:
- the presence of mixing equipment
- the presence of certain chemicals
- the presence of a tablet press
If you are authorized to legally manufacture certain controlled substances, Florida law carves out an exception in your case. Your attorney may also be able to challenge a drug manufacturing accusation by proving that you use the identified equipment for purposes that are not related to illegal drugs.
Drug-free zones in Florida
State law designates certain types of properties as drug-free zones. A defendant who is convicted for engaging in an activity that involves illegal drugs within 1,000 feet of a drug-free property may have a higher maximum sentence in his or her case. For example, the court may increase the maximum sentence in a drug trafficking case from 15 years in state prison to 30 years in state prison if the offense took place in a drug-free zone. Some examples of drug-free zones in Florida are:
- recreational parks
- daycare centers
- schools
- universities
- assisted living centers
- government buildings
- government housing complexes
- convenience stores that are open 24/7
- convenience stores that sell groceries
Some drug-free zones are only active drug-free zones during certain hours. Schools in Florida are drug-free zones between the hours of 6 a.m. and 12 midnight. If a defendant is convicted for a drug crime outside of the designated drug-free zone hours, the court will not enhance the defendant’s sentence for violating the drug-free zone law.
Illegal prescription drug activity in Florida
Florida was once known for the state’s “pill mill” clinics that dispensed prescription painkillers with minimal regulation. People traveled from other states to fill prescriptions to support their own addictions or to get prescription drugs to resell. Visitors could go to pill mills and receive prescription painkillers without undergoing a physical examination in most cases. Pill mills also distributed prescription drugs without checking the patient’s history of previously having obtained prescriptions for the same drug. There were so many pill mills in Florida that the section of Interstate 75 that runs through Florida was dubbed the “Oxy Express” in reference to the drug oxycodone.
In response to the proliferation of pill mills, Florida tightened its regulation of prescription drugs and enacted tougher laws against illegal prescription drug activity. Today, it is illegal to possess a prescription drug without having a valid prescription. Tougher laws have not eliminated illegal prescription drug activity. People who are addicted to prescription drugs and those who are looking to obtain prescription drugs to sell commonly engage in prescription drug fraud. Prescription drug fraud commonly involves:
- altering valid prescriptions
- impersonating medical professionals and calling in illegal prescriptions to pharmacies
- forging a doctor’s signature on a stolen prescription pad
- visiting multiple doctors and using a fictitious name
In some cases, people unknowingly violate Florida’s prescription drug laws. For example, someone may visit multiple doctors to obtain new prescriptions if the person travels frequently or moves to a new city multiple times in a short span. An individual may unintentionally possess a prescription drug without a prescription if he or she is picking up medication for a loved one or if someone else accidentally leaves medication in the individual’s home or vehicle.
Miami shores drug defense attorney
If you are facing a drug trafficking charge in Florida, give our team a call. We are a leading drug trafficking defense law firm in Florida. With more than 35 years of experience in legal defense, we are committed to defending the rights of people who have been accused of drug trafficking in Miami Shores and surrounding areas. Call Joffe Law today to receive a case evaluation.