Melbourne Drug Trafficking Defense Attorneys
Florida Drug Trafficking Laws
Drug trafficking charges are extremely serious and can result in life-altering penalties if you are convicted. These charges are highly complex and can be confusing to understand, especially without the help of an experienced criminal defense lawyer. If you are facing drug trafficking charges, you need to take immediate action to protect your rights and future.
At Funk, Szachacz & Diamond, we are committed to providing aggressive legal representation to individuals facing drug trafficking charges. We understand the serious nature of these charges and the potential consequences you are facing. Our Melbourne drug trafficking attorneys will build a strong defense strategy on your behalf and work to minimize the potential penalties you face.
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What Is Drug Trafficking?
Drug trafficking refers to the sale, transport, or importation of illegal drugs. These charges can be filed at the state or federal level and carry severe penalties if you are convicted. In Florida, drug trafficking charges are based on the type and quantity of drugs involved.
Common types of drugs involved in trafficking cases include:
- Marijuana
- Cocaine
- Heroin
- Ecstasy
- Methamphetamine
These drugs are classified as illegal controlled substances and are regulated by both federal and state laws. Drug trafficking charges can be filed when an individual is caught selling, transporting, or importing these drugs into the state. Even if you are caught with a small amount of drugs, you can still face drug trafficking charges if it can be shown that you intended to sell or distribute the drugs.
Drug trafficking charges can also be based on the quantity of drugs involved, including:
- 28 grams or more of cocaine
- 14 grams or more of methamphetamine
- 14 grams or more of ecstasy
- 3 grams or more of heroin
- 25 pounds or more of marijuana
If you are facing drug trafficking charges, it is important to understand that you do not have to be caught in the act of selling or transporting drugs to be convicted. Prosecutors can build a case against you based on a variety of different factors, including the amount of drugs involved, the presence of large amounts of cash, or the presence of drug paraphernalia, such as scales or baggies.
What Are the Penalties for Drug Trafficking?
Drug trafficking charges are extremely serious and can result in a variety of different penalties if you are convicted. The potential penalties for drug trafficking will depend on the type of drugs involved and the quantity of drugs involved. In most cases, drug trafficking charges are classified as a first-degree felony.
Convictions for drug trafficking charges can result in the following penalties:
- Up to 30 years in prison
- Up to $10,000 in fines
- Loss of your driver's license
- Probation or parole
- Mandatory drug testing
In addition to these penalties, a drug trafficking conviction will also result in a permanent criminal record. This can make it extremely difficult to find employment, housing, or obtain a loan in the future. Drug trafficking charges can also result in the seizure of your assets, including your car or home.
Defending Drug Trafficking Charges
Drug trafficking charges are extremely serious and can be difficult to defend without the help of an experienced Melbourne drug trafficking lawyer. There are a variety of different defense strategies that can be used to challenge drug trafficking charges, including challenging the constitutionality of the search and seizure or the credibility of the evidence against you.
Our Melbourne drug trafficking defense attorneys will thoroughly evaluate your case and help you understand your options. We will launch a comprehensive investigation into the circumstances surrounding your arrest and look for evidence that can be used to challenge the charges against you. We will also work to negotiate with the prosecution to have your charges reduced or dismissed, when possible.
Understanding Drug Trafficking vs. Drug Possession
Many people assume that drug trafficking and drug possession are the same, but the law treats them very differently.
- Drug possession refers to having illegal substances for personal use. Penalties depend on the type and amount of drugs but are generally less severe than trafficking charges.
- Drug trafficking is a much more serious offense. It involves possessing, selling, transporting, or distributing large quantities of illegal drugs.
- Even if you are not caught selling drugs, you can still be charged with trafficking if you are found with a large enough quantity. The law assumes that possessing a large amount indicates an intent to sell.
- Drug trafficking charges are based on the weight or number of drugs in your possession, not necessarily on your actions. This means you could face a trafficking charge simply for having a specific amount of drugs, even if there is no evidence of selling or transporting them.
State vs. Federal Drug Trafficking Charges
Drug trafficking can be prosecuted at either the state or federal level, depending on the specifics of the case.
-
State Charges:
- Typically involve smaller-scale drug operations within Florida.
- Penalties vary depending on the amount and type of drugs involved.
- Handled in state courts with sentencing guidelines based on Florida law.
-
Federal Charges:
- Involve larger-scale operations, interstate drug trafficking, or drug distribution across national borders.
- Federal agencies such as the DEA (Drug Enforcement Administration) and FBI may investigate these cases.
- Penalties are typically much harsher and involve longer prison sentences, large fines, and mandatory minimums.
If you are caught with drugs near an airport, seaport, or crossing state lines, you are more likely to face federal drug trafficking charges rather than state charges.
Mandatory Minimum Sentences for Drug Trafficking in Florida
Florida has some of the toughest drug trafficking laws in the country, with mandatory minimum sentences based on the type and quantity of drugs involved.
- Even first-time offenders can face years in prison if convicted.
- The law requires minimum prison terms even if there are no prior offenses.
- Sentences range from 3 to 25 years depending on the drug amount, meaning judges have little flexibility in reducing penalties.
Examples of mandatory minimum sentences in Florida:
- Cocaine (28-199 grams): 3 years in prison, $50,000 fine
- Methamphetamine (14-27 grams): 3 years in prison, $50,000 fine
- Heroin (4-13 grams): 3 years in prison, $50,000 fine
- Marijuana (25-2,000 pounds): 3 years in prison, $25,000 fine
For larger quantities, penalties increase dramatically, with some cases leading to 25 years to life in prison.
Because of these strict laws, it is crucial to have an experienced drug trafficking defense attorney who can fight to get your charges reduced or dismissed.
How Our Melbourne Drug Trafficking Defense Attorneys Can Help
Drug trafficking charges are highly complex and require the help of an experienced criminal defense lawyer. At Funk, Szachacz & Diamond, we are committed to providing the aggressive representation you need to protect your rights and future. Our Melbourne drug trafficking attorneys will fight tirelessly to have your charges reduced or dismissed, when possible. We will work to minimize the potential penalties you face and help you get back on your feet.
Frequently Asked Questions (FAQ)
What is the difference between drug trafficking and drug sale?
- Drug trafficking typically involves the possession, transport, or distribution of large quantities of controlled substances, while drug sale refers to selling smaller amounts of illegal drugs. Both charges carry severe penalties, but trafficking often leads to harsher consequences.
Can I be charged with drug trafficking even if I wasn’t selling drugs?
- Yes. In Florida, possessing a certain quantity of drugs is enough for a trafficking charge, even if there is no direct evidence of selling or distributing the drugs.
What should I do if I am arrested for drug trafficking?
- Stay silent and do not answer any questions without an attorney present. Anything you say can be used against you. Contact a skilled drug trafficking lawyer immediately to protect your rights.
Are there mandatory minimum sentences for drug trafficking in Florida?
- Yes. Florida law has strict mandatory minimum sentences for drug trafficking convictions, which range from 3 to 25 years in prison depending on the drug type and amount.
How can an attorney help fight my drug trafficking charges?
- An experienced lawyer can investigate whether law enforcement violated your rights, challenge evidence, negotiate reduced charges, and build a strong defense strategy to fight the allegations.
What happens if I’m caught trafficking drugs across state lines?
- Crossing state lines with illegal drugs can result in federal charges, which often carry even harsher penalties than state charges, including longer prison sentences and higher fines.
Can drug trafficking charges be reduced or dismissed?
- In some cases, yes. If evidence was obtained illegally, or if the prosecution lacks proof of intent to distribute, charges may be reduced or dismissed. An experienced attorney can explore legal defenses and negotiation strategies.
Protect Your Rights - Call Our Firm Today
If you are facing drug trafficking charges, you need to take immediate action to protect your rights and future. Our Melbourne drug trafficking attorneys will build a strong defense strategy on your behalf and help you navigate the legal process. We will work to minimize the potential penalties you face and help you get back on your feet.
Experienced Defense for Drug Crimes – Contact Us
Our skilled attorneys are ready to fight for you. Call
(321) 360-4446 or
contact us
today to discuss your case.