Defenses to Drug Trafficking Charges in Florida
Many of the illegal drugs sold and used in Florida are imported from other countries or states. In Florida, drug trafficking is considered a very serious crime and lawmakers have prioritized criminalizing the problem. Drug trafficking charges are felonies that can result in decades of prison time and up to $1 million in fines. In the most serious of cases, drug trafficking charges can be classified as a federal offense, which makes the charges even more serious.
It is not only law enforcement and the prosecution that take drug trafficking very seriously in Florida. Employers, landlords, and professional boards will also view a drug trafficking conviction very negatively. Below, one of our Fort Lauderdale drug trafficking lawyers explains more.
What is Drug Trafficking in Florida?
Many people who are charged with drug trafficking believe that the offense must include transporting large quantities of illegal drugs across international borders. Others believe that in order to face charges, they must actually be caught selling drugs. In fact, the majority of drug trafficking charges do not involve either of these extreme circumstances. In fact, most drug trafficking cases in Florida are from someone simply possessing a significant amount of narcotics, even though they have no intention to sell them at all.
According to the Florida Statutes, drug trafficking occurs when someone knowingly engages in the following activities with significant amounts of an illegal substance:
- Possessing
- Selling
- Purchasing
- Manufacturing
- Delivering
- Transporting into the state
Being convicted of any drug trafficking offense is a very serious matter and all drug trafficking offenses in Florida carry a mandatory minimum prison sentence ranging anywhere from 3 years to LIFE. Fortunately, there are many defenses to drug trafficking charges.
Defenses to Drug Trafficking Charges in Florida
Being charged with drug trafficking is not a hopeless situation. There are many defenses available and they include:
- Lack of evidence: If the prosecution does not have the necessary evidence to prove their case, they cannot meet the burden of beyond a reasonable doubt. This can result in the charges being dismissed.
- Unlawful search: Except in very specific situations, law enforcement must obtain a search warrant before they search someone’s property. If law enforcement was required to obtain a warrant and they did not, any property seized during the search is inadmissible in court.
- Entrapment: Many people think that if a law enforcement officer tricks them during the commission of a crime, it automatically constitutes entrapment. This is not true. In order for entrapment charges to apply, a law enforcement officer must have convinced you to commit a crime you would not have otherwise.
- Reduced charges: Your lawyer may be able to negotiate a plea deal in which you accept a reduced charge, resulting in less serious penalties, in exchange for pleading guilty.
Our Drug Trafficking Lawyers in Fort Lauderdale Can Prepare Your Defense
It is natural to feel like the situation is hopeless if you are facing drug trafficking charges. Fortunately, that is not the case. At Haber Blank, our Fort Lauderdale drug trafficking lawyers have the necessary experience to determine which defense is right for your case and how to argue it effectively so you have the best chance of beating the charges. Call us today at 954-767-0300 or contact us online to schedule a consultation with our experienced attorney.
Source:
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.135.html
