Hammocks Drug Trafficking Defense Lawyer
We defend tough state & federal drug charges throughout Florida
Drug offenses are among the most heavily penalized crimes under state and federal law. Not only are suspected illegal drug cases aggressively investigated, but going to trial on a drug charge in Florida is often an intense experience. Unfortunately, prosecutors sometimes take advantage of the fact that some defendants do not have proper legal counsel when they are brought up on a drug charge. If you are facing a drug charge in The Hammocks FL, you need an attorney who knows the intricate details and nuances of the federal and state illegal drug laws. David Joffe has defended residents of The Hammocks and communities across South Florida in federal and state illegal drug cases. Call Joffe Law when you need a formidable South Florida drug defense lawyer.
South Florida as a hub for drug trafficking
International drug trafficking organizations view South Florida as fertile ground for their illegal enterprises for many reasons. The state’s extensive coastline gives drug traffickers multiple potential points of entry if the organization wants to transport illegal drugs to the U.S. by sea. The state’s high volume of boat traffic makes it more difficult for law enforcement to screen each vessel for illegal items. Drug traffickers use Florida’s interstate highways and airports to transport illegal drugs throughout the eastern United States. Drug trafficking organizations also make use of Florida’s vibrant immigrant communities by recruiting people who have ties to other countries to engage in activities like smuggling drugs and cash.
The illegal drug trade affects communities across South Florida. Therefore, it is not unusual for everyday people to know someone who has a connection to illegal drug activity. Our drug crimes defense law firm represents people who have been charged with all types of drug crimes in The Hammocks and surrounding areas. We understand the impact of illegal drugs in Florida and how the drug trade affects cities in South Florida.
Federal and state drug charges
Drug offenses can be charged in federal court, state court, or both. There are certain factors in a case that can automatically implicate federal jurisdiction. Some of those factors are:
- an element in the case that occurs within the stream of interstate or international commerce
- an element in the case that involves a federal employee or official
- an element in the case that involves a U.S. territory
- an element in the case that involves federal government property
Drug trafficking cases often involve the interstate or international transportation of illegal drugs. Therefore, these cases more readily implicate federal jurisdiction in addition to violating state law. Defendants who are charged for violating both federal and state law may be charged and convicted in federal and state court separately. Facing charges in both court systems means you will likely have to prepare for two separate trials and may possibly be convicted on two separate occasions for charges that originate from a single instance of criminal activity.
Accepting a plea bargain means you won’t have to go to trial. However, we strongly discourage defendants from accepting a plea deal before first consulting a private, reputable drug trafficking defense lawyer.
Drug possession charge in The Hammocks FL
A discussion on drug trafficking charges must begin with an understanding of drug possession laws. Possession is a foundational element in most drug trafficking statutes. Under federal law and Florida law, a defendant possesses an illegal substance if he or she has the substance in an area that is under the defendant’s control. Both state and federal law recognize actual possession and constructive possession.
Actual possession occurs when the individual has the illegal item on his or her person or within reaching distance. Some examples of actual possession are:
- having the item attached to or stashed in an area of his or her body
- having the item in a pocket or other compartment in his or her clothing
- having the item inside of a handbag, backpack, or other accessory the individual is wearing, holding, or carrying
- having the item in the center console of the defendant’s vehicle while he or she is driving
Constructive possession is often more difficult for prosecutors to prove. An individual may have constructive possession of an illegal item if the item is not physically close to the individual, but the item is still in an area over which the individual exercises control. Some more straightforward examples of constructive possession include:
- having the illegal item stored in the individual’s assigned locker at work
- having the illegal item stored in the individual’s private storage unit
- having the illegal item stored in the individual’s bedroom closet at home
- having the illegal item stored in the trunk of the individual’s car
Prosecutors have more difficulty proving constructive possession if the illegal item is found in a shared space or a public or otherwise common area. For example, proving a defendant possessed drugs that were found in a company vehicle that is driven by multiple workers every day may be more challenging than proving a defendant possessed drugs that were found in his or her own locked personal vehicle while the vehicle was in the defendant’s locked garage at his or her home. Your drug trafficking defense lawyer in The Hammocks FL can evaluate your case to determine its strengths and potential weaknesses.
Do not say anything that might incriminate you. Speak with an attorney first.
Drug trafficking charges in The Hammocks
Florida law defines drug trafficking as the intentional manufacture, sale, transport, processing, purchase, delivery, importation, packaging, or repackaging of an illegal controlled substance in Florida. Possessing an illegal controlled substance in an amount that meets or exceeds the statutory minimum threshold quantity of the substance is also drug trafficking. Therefore, an individual may be charged with drug trafficking even if he or she lacked the intent to transport, sell, or otherwise move the controlled substance.
Similar to the federal Controlled Substances Act of 1970, Florida’s Drug Abuse Prevention and Control Act categorizes hundreds of controlled substances into five schedules. Each schedule is based on the substance’s potential for abuse, risk of dependency, and known medical uses. Schedule I and Schedule II substances also include a specified minimum threshold quantity. The minimum threshold quantity determines the difference between a drug possession charge and a drug trafficking charge. Some examples of minimum threshold quantities are:
- 25 lbs of cannabis or 300 plants
- 1 kilogram of GHB
- 28 grams of cocaine
- 14 grams of hydrocodone
- 10 grams of MDMA
- 7 grams of oxycodone
- 4 grams of fentanyl or heroin
- 1 gram of LSD
DRUG DISTRIBUTION VS. DRUG TRAFFICKING
People often refer to drug distribution and drug trafficking. However, there are subtle, yet key differences between the two under Florida law. A drug distribution charge is based on the actual or intended movement of an illegal controlled substance. To establish a drug distribution accusation, the prosecution must prove the defendant had the intent to sell, transport, purchase, or otherwise distribute drugs. Proof of the intent to distribute drugs may include:
- a large sum of cash located in close proximity to an illegal controlled substance
- a scale located in close proximity to an illegal controlled substance
- a firearm located in close proximity to an illegal controlled substance
- a contact list located in close proximity to an illegal controlled substance
Unlike a drug trafficking charge, which can be proven solely based on the amount of the drug the defendant possesses, drug distribution can be established without regard to the quantity the defendant possesses. For example, a defendant who possesses a small quantity that may otherwise indicate personal use can be convicted on an accusation of drug distribution if there is proof that the defendant intended to distribute the substance. Evidence in some drug distribution cases is highly subjective. Your Florida drug trafficking defense attorney can challenge the prosecution’s ability to prove your intent in a drug trafficking case.
Drug manufacturing charge in Florida
Although fentanyl is produced legally in the United States for use under the close supervision of a doctor, the drug is also produced abroad and illegally imported into the U.S. Legal fentanyl is administered in the form of a lozenge, effervescent or sublingual tablet, transdermal patch, nasal spray, or injection. In its illegal form, fentanyl is most often a standard pill or spiked onto blotter paper. Although the illegal form of fentanyl is produced outside of the United States, a defendant in Florida can be convicted for drug manufacturing if he or she packages or repackages fentanyl for distribution.
POSSESSION OF DRUG PARAPHERNALIA
Sometimes when a law enforcement agency raids a drug lab, the police do not find an illegal controlled substance onsite. Even if law enforcement does not find an illegal substance, the person who owns, leases, or has control over the property may be charged with a crime. An individual may be charged with possession of drug paraphernalia if he or she has items that are commonly used to produce, distribute, or consume an illegal controlled substance. Some examples of evidence a prosecutor may present to establish a charge of possession of drug paraphernalia are:
- mixing bowls
- a scale
- various spoons
- certain chemicals
Whether or not common everyday items are used for illegal drug purposes is often subjective. Your attorney may defend you by challenging the prosecution’s ability to prove the items were used for a purpose that is related to illegal drugs.
The Hammocks FL drug-free zones
Florida law identifies certain areas as designated drug-free zones. Defendants who are convicted for engaging in illegal drug-related activity within 1,000 feet of a drug-free zone may be subjected to enhanced sentencing. Some Florida drug-free zones are:
- daycare centers
- schools
- universities
- convenience stores that sell groceries
- convenience stores that are open 24/7
- assisted living facilities
- government buildings
- government housing complexes
Some drug-free zones are only drug-free zones during certain hours. For example, schools are only drug-free zones between the hours of 6 am and 12 midnight. Therefore, a defendant who is convicted on a drug charge outside in a drug-free zone outside of the applicable hours for that zone will not be subjected to enhanced sentencing.
Mandatory minimum sentencing in Florida drug trafficking cases
Federal and state drug cases often have mandatory minimum sentences. Mandatory minimum sentencing guidelines require judges to automatically sentence convicted defendants to a minimum amount of time in prison. Although judges are required to solve the mandatory minimum sentence in these types of cases, the judge may still sentence the defendant up to the maximum penalty for the offense. Under very specific circumstances, a judge may deviate from mandatory minimum sentencing guidelines. A drug defense lawyer in The Hammocks can determine whether your case qualifies for an exception.
Prescription drug offenses in the Hammocks FL
More than 10 years ago, Florida was known for its pill mills, which were clinics that dispensed prescription painkillers with minimal supervision. In response to widespread illegal prescription drug activity, Florida enacted tougher laws against the illegal sale and abuse of prescription drugs. Today, an individual may be charged with a crime if he or she possesses a controlled substance without a valid prescription. Despite the tougher laws, people who want to get access to prescription drugs to support their abuse or to sell illegally are still able to get access to the drugs they seek. Some strategies people use to illegally obtain prescription drugs include:
- visiting multiple doctors to get new prescriptions
- using a fake name
- impersonating a doctor and calling a prescription in to the drug store
- stealing a prescription pad and forging prescriptions
- altering legitimate prescriptions
There are valid reasons a person may have a prescription drug without a valid prescription. For example, someone who is picking up medication from a pharmacy for a family member may have prescription painkillers in his or her possession without a valid prescription. If you have been falsely accused of prescription fraud or illegally possessing a prescription drug, contact a drug trafficking defense attorney in The Hammocks.
Drug defense lawyer in The Hammocks FL
Joffe Law is a leading drug defense law firm in Florida. Our talented Florida drug crimes defense lawyer represents defendants in federal and state drug cases, including high-profile criminal matters. If you have been charged with drug trafficking in The Hammocks, contact us to receive a case evaluation.