Wynwood Drug Trafficking Lawyer
Federal drug crime defense attorney in Wynwood
The illegal drug trade has firmly taken root in South Florida. Drug trafficking organizations favor Florida for many reasons. Unfortunately, widespread drug activity makes it more common for people to become involved in various aspects of drug-related criminal activity. Florida and the federal government heavily penalize drug-related offenses. Even what may seem like a simple possession charge should be taken seriously. David Joffe is a leading Wynwood drug trafficking defense attorney. We represent people who have been accused of federal drug crimes in Wynwood and surrounding areas.
South Florida as an appealing hub for drug trafficking
For drug trafficking organizations, South Florida is a natural fit into their plans to traffick illegal drugs into the United States. The state is just a short trip away from illegal drug-producing and transit countries in South America and the Caribbean islands. The lengthy coastline and large volume of watercraft traffic in the state’s waterways make it easier to transport drugs into the country by sea. Drug traffickers use Florida’s multiple interstate highways and international airports to transport drugs throughout the eastern half of the country.
Not all of the drugs that are trafficked into Florida cross state lines. From the high-energy nightlife in Miami and other party destinations to the residential communities across South Florida, illegal drug operations are often able to distribute many of their products before moving illegal drugs to other states.
Federal and state drug charges
Drug crimes can be prosecuted by the federal government, the state, or both entities. Defendants who are charged for a state and federal offense may be convicted in separate venues for offenses that arise from a single instance of criminal activity. If you are convicted in state and federal court, your penalties may add up very quickly. Some situations that implicate federal jurisdiction are:
- drug cases in which at least one element occurs in the stream of interstate or international commerce
- drug cases that involve a federal agency
- drug cases that take place on federal government land
- drug cases that involve a U.S. territory
Our Wynwood drug trafficking defense lawyer is well-versed in federal and state law. Whether you are facing a drug charge in federal or state court, our Wynwood federal criminal attorney is qualified to represent you.
Drug trafficking in Florida
Florida’s drug trafficking law is broad enough to allow state prosecutors to use it to charge several different crimes under the same statute. State law defines drug trafficking as the intentional sale, manufacture, purchase, possession, delivery, or transportation into Florida of certain controlled substances. State prosecutors are not required to prove the defendant had the intent to transport drugs to establish a charge of drug trafficking in state court.
A defendant may be convicted for drug trafficking in the absence of evidence of the intent to distribute drugs if the defendant possesses the drug in the minimum threshold quantity. Florida’s Comprehensive Drug Abuse Prevention and Control Act specifies a minimum threshold quantity for certain drugs. The difference between the minimum threshold quantity and a smaller quantity is the difference between a possession charge and a more severe charge of drug trafficking.
Drug trafficking vs. drug distribution
People often think of drug trafficking and drug distribution interchangeably. Under Florida law, the two terms have very subtle, but significant differences. In Florida, prosecutors are not required to prove intent to sell, move, or distribute illegal drugs to establish a drug trafficking charge in state court. In the absence of the intent to move an illegal substance, the prosecution may prove the defendant possessed an illegal controlled substance in the minimum threshold quantity.
Conversely, if there is evidence that suggests the defendant intended to sell or otherwise distribute an illegal controlled substance, the prosecutor is not required to prove the defendant possessed a certain quantity. Therefore, a defendant may be convicted for drug trafficking under Florida law even if he or she has a very small quantity of a controlled substance if there is evidence of the intent to distribute. Examples of items that may suggest a defendant’s intent to distribute a controlled substance are:
- the presence of a scale with drug residue on it
- the presence of a contact list in close proximity to where illegal drugs are found
- the presence of a firearm in close proximity to illegal drugs
- large sums of cash in close proximity to illegal drugs
Do not say anything that might incriminate you. Speak with an attorney first.
Wynwood FL drug possession charge
Both federal and state law recognize actual and constructive possession. A defendant may be convicted for actual possession of an illegal controlled substance if:
- the substance is on the defendant’s body
- the substance is in a pocket or compartment on the defendant’s clothing
- the substance is in a bag, wallet, or other accessory the defendant is holding or carrying
- the substance is within the defendant’s physical reach
The concept of constructive possession is often more open to interpretation. Some concrete examples of constructive possession include:
- storing an illegal substance in an assigned locker at work
- storing an illegal substance in a private storage unit
- storing an illegal substance in the trunk of your personal vehicle
- storing an illegal substance in your private bedroom at home
When controlled substances are found in shared spaces, constructive possession is more difficult to prove. For example, if the police pull over a company vehicle that is shared by multiple people, the prosecution will likely have a more difficult time proving that a controlled substance the police found in the trunk of the vehicle was in the possession of the person who was driving the vehicle at the time the vehicle was searched.
Drug manufacturing in Florida
Wynwood drug manufacturing offenses are charged under Florida’s drug trafficking statute. Florida law defines drug manufacturing as the act of preparing, deriving, producing, compounding, or repackaging any drug. Even though a drug like fentanyl is currently 100 percent produced in its illegal form in other countries, an individual may be convicted on a manufacturing charge if he or she illegally repackages foreign-produced fentanyl for sale.
The federal drug manufacturing statute defines drug manufacturing slightly differently. Federal law defines drug manufacturing as:
- manufacturing, distributing, or dispensing a controlled substance
- creating, distributing, or dispensing the counterfeit version of a controlled substance
- possessing with the intent to distribute, manufacture, or dispense a controlled substance
The severity of a drug manufacturing charge depends on the amount of a controlled substance the defendant is accused of manufacturing. Illegal drug manufacturing carries a mandatory minimum sentence of five years in federal prison. A federal court may enhance the maximum sentence if a defendant is convicted for manufacturing drugs in the following minimum quantities:
- 100 or more grams of heroin
- 500 or more grams of cocaine
- 28 or more grams of cocaine base
- 5 or more grams of methamphetamine
- 100 or more kilograms of marijuana or 100 or more plants
- 10 or more grams of PCP
- 1 gram or more of LSD
If you are facing a federal or state drug manufacturing charge, you are likely facing the potential of a minimum of several years in prison. Retaining a Florida defense attorney as early as possible can increase the likelihood of you receiving a more favorable outcome in your case.
Possession of drug paraphernalia
Sometimes, law enforcement officers may conduct a raid on an illegal drug lab, and there is no illegal substance present. In these cases, the person who is responsible for the drug lab may still be charged for possession of drug paraphernalia. The items law enforcement agencies consider to be drug paraphernalia are often everyday items that are repurposed of a use that is related to illegal drugs. Some examples of items a prosecutor may present as evidence of drug manufacturing include:
- mixing equipment
- small spoons
- tablet presses
- certain chemicals
- hydroponic lights
An individual may also be charged with possession of drug paraphernalia if he or she is accused of having items that are commonly used to consume illegal drugs. The following items are often associated with illegal drug possession:
- various types of glass, metal, and wooden pipes
- bongs
- roach clips
- needles
- rolling papers
Depending on the surrounding circumstances, the prosecution may have more difficulty proving that an item is drug paraphernalia. Your defense attorney may be able to provide compelling proof that the item is used for a legitimate purpose that is not related to illegal drugs.
Possession of drug paraphernalia is a first-degree misdemeanor in Florida. If convicted, the defendant may be sentenced to a maximum of one year in jail and a fine of up to $1,000.
Prescription drug fraud charges
Florida was once well-known among people who illegally sell or abuse prescription drugs for its pill mills, clinics that dispensed prescription pain medication with limited supervision. Florida residents and visitors from other states could visit one or more pill mills and receive prescription drugs without having a physical exam. The medical staff at pill mills also did not monitor the customer’s previous prescriptions he or she may have recently had filled for the same drug.
In response to the prescription drug crisis in Florida, the state’s legislature enacted tougher laws against illegally possessing controlled substances without a valid prescription. Today, an individual may be convicted of a crime if he or she is caught in possession of a prescription drug that was not legitimately prescribed by an authorized healthcare professional. Even though the laws have changed, people who abuse and sell prescription drugs use other means to supply their illegal drug operations and addictions. Some strategies people use to get illegal access to prescription drugs include:
- doctor shopping or visiting multiple doctors to get multiple prescriptions
- using a fake name or other fake personal details
- stealing a prescription pad and illegally forging prescriptions
- impersonating a healthcare professional and calling in a fake prescription
- altering the information on a legitimate prescription
- burglarizing a healthcare facility or pharmacy
- stealing prescription drugs from someone’s home
- defrauding Medicare and other insurance companies that operate prescription drug programs
Possession of a prescription drug without a valid prescription is a second-degree felony. If convicted, the defendant may be sentenced to up to 60 days in jail and ordered to pay a fine of up to $500. If a court finds that the defendant illegally possessed a prescription drug with the intent to sell, dispense, or deliver the drug, the offense is a third-degree felony. If convicted, the defendant may be sentenced to up to five years in state prison and ordered to pay a fine of up to $5,000.
POTENTIAL DEFENSES AGAINST PRESCRIPTION DRUG FRAUD
There are legitimate reasons someone may have a prescription drug without a valid prescription in his or her own name. Some situations in which a person may unintentionally possess a controlled substance without a valid prescription include:
- picking up a prescription for a relative or loved one
- returning a prescription drug to someone who legitimately left the medication behind in your personal vehicle
- operating a medical transport business and a customer misplaced his or her medication during transport
- bringing a child’s medication to his or her school
Contact a Wynwood drug trafficking defense attorney if you have been accused of illegally possessing a prescription drug. Although most people do not readily associate prescription drugs with serious drug crimes, you should never take a prescription drug charge lightly. Whether you have been accused of having involvement with street drugs or an illegal prescription drug, the consequences can quickly become dire.
Wynwood FL drug trafficking defense lawyer
Joffe Law, P.A. is one of South Florida’s leading law firms for drug trafficking cases. We represent criminal defendants in federal and state illegal drug cases. Don’t leave your case to chance. Request help from a seasoned Florida defense attorney who is well-versed in state and federal drug laws. Contact Joffe Law to learn more about our successful track record in drug defense cases. If you need help with a drug charge, a member of our team will conduct a case evaluation and help you determine the next steps.