Pembroke Pines Drug Trafficking Attorney
We proudly defend complex federal & state drug charges
Drug offenses often lead to decades-long prison sentences. Nevertheless, people who are accused of a drug-related offense in Pembroke Pines should not panic. Instead, we recommend contacting a seasoned Florida drug trafficking defense lawyer. There are several ways a drug defense attorney can challenge a state or federal drug charge and potentially win an acquittal. In some cases, a drug trafficking lawyer may even be able to have the charges dropped before the case proceeds to trial. Our Pembroke Pines drug defense lawyer has represented defendants in Florida drug cases for more than 35 years. We leverage our experience and expertise to obtain the most favorable outcome possible for our clients.
Illegal drug trafficking in South Florida
Some international drug trafficking organizations favor South Florida as the entry point for smuggling drugs into the United States. With the second-longest coastline among all 50 states, Florida has multiple potential points of entry through which drug traffickers may transport their illegal merchandise into the U.S. A high volume of boat traffic makes it more difficult for U.S. Customs and law enforcement agencies to search each vessel for illegal cargo. Drug traffickers seek out members of Florida’s vibrant immigrant communities when they need people who have ties to other countries that may be useful in laundering money or smuggling drugs. Once illegal drugs enter the U.S., drug trafficking organizations make use of the state’s airports and interstate highways to move illegal drugs throughout the Eastern half of the United States.
Because illegal drug activity is so rampant in Florida, it is not unusual for people in communities across the state to know someone who is involved in illegal drug activity or for people to have a direct connection to the illegal drug trade. In major drug cases, people who are in close proximity to drug traffickers may also be investigated and potentially charged. If you have been contacted by a law enforcement agency regarding an illegal drug case, consult a Pembroke Pines drug crimes defense lawyer before communicating any further with any law enforcement officer.
Federal and state charges in Pembroke Pines drug cases
Drug offenses may be charged in state or federal court. Individuals who are accused of drug crimes that are within the federal government’s jurisdiction may be charged in state and federal court. An illegal drug case may implicate federal jurisdiction if:
- the case involves activity that occurs within the interstate or international stream of commerce
- the case involves federal property
- the case involves a federal agency
- the case involves a federal government employee or a foreign official
Because illegal drugs are often trafficked into Florida, drug cases that may appear to be state cases may also be federal court matters. Consult your Pembroke Pines drug trafficking lawyer to learn more about what determines whether a drug offense will be charged in federal court.
Pembroke Pines drug possession charge
Drug possession is a foundational element in very serious drug offenses. Possession can also be a standalone charge. Therefore, prosecutors will often charge a person who is accused of drug trafficking with trafficking and possession. If the prosecutor is unable to prove all of the elements of drug trafficking, the defendant may still be convicted on the lesser charge of possession.
Florida law and federal law define drug possession similarly. An individual may be convicted on a charge of drug possession if he or she knowingly and intentionally has an illegal controlled substance in an area that is within his or her control. Federal law and Florida law both recognize actual and constructive possession.
An individual has actual possession of an illegal item if the item is located on the individual’s physical person or within his or her immediate reach. Examples of actual possession include:
- having an illegal item in your pocket in another compartment in your clothing
- having an illegal item in a backpack or any accessory you are wearing, holding, or carrying
- having an illegal item stored or hidden directly on your body
- having an illegal item under your seat while you are in a car
Constructive possession occurs when someone has an illegal item in an area that is within the person’s control even though the area is located further away. Examples of constructive possession include:
- having an illegal item in your locker at work
- having an illegal item in your bedroom closet at home
- having an illegal item in your private storage unit
- having an illegal item in the trunk of your car
Constructive possession is more difficult to prove if the illegal item is located in a shared or unsecured and unattended area. For example, if someone finds a bag of drugs in the middle of the floor at your workplace, a court would be much less likely to convict you for possessing the drugs in the absence of stronger evidence. Drug possession can be a misdemeanor or felony charge, depending on the substance the defendant possesses.
Do not say anything that might incriminate you. Speak with an attorney first.
Drug trafficking under Florida law
Florida’s drug trafficking law is so broad that it enables prosecutors to charge a variety of drug offenses under a single statute. State law defines drug trafficking as the intentional sale, purchase, manufacturing, delivering, or importation of a controlled substance into Florida. An individual may also be charged and convicted for drug trafficking if he or she knowingly and intentionally possesses a controlled substance in an amount that is greater than or equal to the minimum threshold quantity as specified by state law.
Drug trafficking is a first-degree felony under Florida law. A defendant who is convicted for drug trafficking in Pembroke Pines FL may be sentenced to up to 30 years in state prison and ordered to pay a fine of up to $10,000.
DRUG TRAFFICKING VS. DRUG DISTRIBUTION
People often refer to drug trafficking and drug distribution interchangeably. The differences between the two terms are subtle, but important. Although drug trafficking includes activities that require movement or transacting in illegal drugs, under Florida’s drug trafficking law, prosecutors are not required to prove the defendant had any intent to move or transact the illegal controlled substance. However, to prove drug distribution, the prosecutor must establish that the defendant had the intent to buy, sell, or otherwise move an illegal controlled substance. Prosecutors are not required to prove the defendant possesses a drug in the minimum threshold quantity if they are able to establish a drug trafficking charge based on the defendant’s intent to move the illegal drug. Evidence that may suggest intent to move an illegal controlled substance may include:
- The presence of the type of scale drug traffickers use to measure drugs for repackaging
- The presence of a firearm in close proximity to an illegal controlled substance
- The presence of a contact list in close proximity to an illegal controlled substance
- Large sums of cash in close proximity to an illegal controlled substance
When a prosecutor can prove the defendant’s intent to distribute an illegal drug, the amount of the drug law enforcement officers find in the defendant’s presence can be as small as a trace. Nevertheless, a Pembroke Pines FL drug trafficking attorney may still be able to beat your Florida drug trafficking charge.
MINIMUM THRESHOLD QUANTITIES IN FLORIDA DRUG TRAFFICKING CASES
Florida’s Drug Abuse Control and Prevention Act is very similar to the federal Controlled Substances Act in that it organizes hundreds of controlled substances into five schedules. Each substance is classified according to:
- Potential for abuse
- Risk of dependency
- Known medical uses
Schedule I and Schedule II substances also have specified minimum threshold quantities. Under Florida law, the minimum threshold quantity determines whether a defendant may be convicted for drug trafficking or the lesser offense of drug possession.
Charged with drug trafficking in a Pembroke Pines Drug-Free Zone
Florida law designates certain types of spaces as drug-free zones. If an individual is convicted for participating in illegal drug activity within 1,000 feet of a drug-free zone under Florida law, the sentencing judge may impose an enhanced penalty. Examples of Florida drug-free zones include:
- daycare centers
- schools
- universities
- government buildings
- assisted living facilities
- government housing complexes
- 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 drug-free zones between 6 a.m. and 12 midnight. If a defendant is convicted for illegal drug activity in a drug-free zone outside of the designated hours, Florida courts are not permitted to apply the drug-free zone penalty enhancement.
Drug manufacturing charge in Pembroke Pines Florida
In Florida, state level drug manufacturing cases are charged under the state’s drug trafficking statute. Florida law defines drug manufacturing as the intentional and unlawful production, preparation, cultivation, cultivation, growth, conversion, processing, compounding, packaging, or repackaging of a controlled substance. Even drugs like fentanyl, which is currently solely produced in its illegal forms outside of the United States, can be the basis of a Florida drug manufacturing charge.
Fentanyl is produced in the U.S. legally for use under strict supervision in medical settings. Legal fentanyl is administered by authorized medical professionals in the form of lozenges, injections, sublingual tablets, and transdermal patches to treat breakthrough pain. Illegal fentanyl is largely produced in China and India and sold on the street mostly as a tablet or powder. Street fentanyl may also be sold as a nasal spray, in an eyedropper bottle, or attached to blotter paper. The illegal version of the drug is especially dangerous because no matter what form illegal fentanyl takes, it is impossible for users to know the dosage they are purchasing or consuming. Moreover, illegal fentanyl is often made to resemble other drugs; therefore, people who consume the drug often don’t know they are taking fentanyl. Because fentanyl is substantially more potent than other opioid drugs, the risk of sudden overdose is dangerously high.
Because drug manufacturing in Florida broadly includes various activities, an individual may be convicted under the state’s drug trafficking law for manufacturing fentanyl. Although illegal fentanyl is currently produced abroad, anyone who packages, repackages, or converts fentanyl from one form to another may be convicted for drug manufacturing.
Mandatory minimum sentencing in drug trafficking cases
Federal and state drug offenses often have mandatory minimum sentences. If a defendant is convicted on a drug charge that carries a mandatory minimum sentence, the court must sentence a convicted defendant to the specified minimum prison sentence or greater. The length of the mandatory minimum sentence depends on the controlled substance that is the basis of the conviction. Critics of mandatory minimum sentencing argue that the policy deprives judges of having the ability to use judicial discretion when the mandatory minimum may not be the most appropriate penalty. Under very specific circumstances, a judge may be able to deviate from mandatory minimum sentencing guidelines for offenses that have a required statutory minimum. Consult a Pembroke Pines drug trafficking lawyer to determine whether your case may be eligible for an alternative to mandatory minimum sentencing guidelines.
Prescription drug charges in Florida
Since Florida’s stretch of I-75 became known as the “Oxy Express” due to the state’s numerous pill mills, law enforcement and the state legislature have cracked down on prescription drug crimes. Today, it is illegal under Florida law to possess a controlled substance without a valid prescription. Despite tougher laws in the state, people who seek out prescription painkillers for sale and recreational use have continued to find ways to get illegal access to prescription drugs. Some common strategies people use to illegally obtain prescription drugs include:
- visiting multiple doctors to obtain multiple prescriptions
- using fake names when visiting multiple doctors
- stealing prescription pads and forging prescriptions
- burglarizing pharmacies and healthcare facilities
- stealing prescription drugs from private homes
- impersonating authorized medical workers and calling in prescriptions
- altering legitimate prescriptions
There are also cases in which someone may have a prescription drug in his or her possession without a prescription. For example, if someone else leaves a prescription drug in your home or vehicle while visiting you. A law enforcement agency may still accuse you of illegal possession of a prescription drug. If you are accused of illegal drug possession or trafficking after someone found a prescription drug in your possession, immediately contact a Pembroke Pines drug crimes lawyer.
DEFENSE LAWYER FOR PEMBROKE PINES DRUG TRAFFICKING CASES
An accusation of a drug-related offense in Florida requires the assistance and legal counsel of an experienced Pembroke Pines drug trafficking defense lawyer. Contact Joffe Law to receive more information about the types of drug cases we handle.