Florida takes drug trafficking and other related charges very seriously and imposes severe punishments on anyone convicted. Even one first-time drug trafficking charge can lead to thousands of dollars in fines and as many as three years in prison. So it’s important to discuss your case and defense strategies with a drug offense attorney as soon as possible.
Drug charges can change your life’s trajectory. Even the accusation of being a drug trafficker can have far-reaching consequences in your employment, family, relationships, and finding housing. With the right criminal defense team on your side, you may be able to have your charges dropped or substantially reduced.
Drug Trafficking Defined
Drug trafficking means that a person has a quantity of drugs that is beyond the amount for personal use, even if there is no intent to distribute. A person does not have to be “caught in the act” to be charged with drug trafficking, and the quantities will depend on the type of drug involved. For instance, just four grams of fentanyl is considered trafficking, whereas trafficking cannabis is 25 pounds.
Florida’s statutes also indicate that someone who:
- Delivers
- Imports into Florida
- Manufacturers
- Purchases
- Sells
Is considered to be engaged in drug trafficking.
The more of a drug you have, the more serious the sentence. Additionally, you’ll also face civil forfeiture of any assets used in drug trafficking, including money and property such as vehicles or even real estate like your home.
Your Rights At The Time Of Arrest
Remember that if you have been arrested, you do have Constitutional rights, such as the right to:
- Remain silent
- Speak to and have an attorney present
- Know the charges brought against you and why
- A speedy and fair trial
- An open trial by an impartial jury
- Protection from unlawful searches and seizures
The right to remain silent is important for your case and for your defense. You should calmly and immediately exercise this right by stating to the police that you wish to speak to an attorney first and are invoking your right to be silent. At this point, they must stop questioning until you have consulted with a drug defense attorney.
Drug Trafficking Defenses
A drug offense attorney has several options available for your defense, including:
- Unlawful search and seizure, in which your Fourth Amendment rights were violated by law enforcement who acted without a warrant or probable cause. Any evidence gathered by this search can be argued as inadmissible.
- Insufficient evidence, where the prosecution’s case may not be solid. Questioning the drugs’ chain of custody, the credibility of witnesses, evidence issues, and rebutting the prosecution’s case are ways to challenge the case against a defendant.
- Violation of rights, such as failing to notify you or your Miranda rights or denying your right to an attorney can be used to undermine the prosecution’s case or suppress the evidence.
- Entrapment is when law enforcement oversteps its authority and convinces you to engage in drug trafficking that you would not have committed otherwise.
- Lack of intent where someone either did not know they had possession or could not engage in trafficking
- Mistaken identity where there is reasonable doubt about who committed the crime.
Discuss your situation with your drug offense attorney to find the best defense for your case.
WEST PALM BEACH DRUG TRAFFICKING DEFENSE ATTORNEYS
After an arrest, it’s your responsibility to protect and defend yourself. The police are unconcerned with justice, only making arrests, and solving cases. We believe that you should consult with a criminal defense attorney anytime you are asked to speak to the police as well as after an arrest for drug trafficking. Say nothing to them until you speak with us.
If you or a loved one has been arrested or accused of a crime, contact the criminal defense team of Farkas & Crowley as soon as possible. We are available 24/7, whenever you need us. Call (561)-444-9529 or contact us online to schedule your consultation.
