Drug Trafficking Attorney in Miami, Florida

Drug trafficking is a serious criminal offense that carries severe penalties, including mandatory minimum sentences, steep fines, and long-term repercussions on a person’s life and freedom. 

It’s not merely a charge for selling illegal drugs; it encompasses the possession, manufacture, and distribution of controlled substances in quantities deemed significant by Florida law.

At The Law Offices of Richard L. Cooper, P.A., our attorney, Richard L. Cooper, strives to help you understand the intricacies of the law and the defense options available for your circumstances. 

Located in Miami, Florida, we serve clients throughout Miami-Dade County, including Miami, Hialeah, Miami Beach, the Hammocks, Sweetwater, Miami Gardens, and Golden Glades. We also serve clients throughout Broward County and Palm Beach County. Reach out today to schedule a consultation.

What Constitutes Drug Trafficking in Florida?

Florida law takes drug trafficking very seriously, and under Florida Statute 893.135, drug trafficking is defined as the “knowingly selling, purchasing, manufacturing, delivering, or bringing into the state of Florida, or knowingly in actual or constructive possession of, specific quantities of illegal drugs.” 

It’s important to note that even mere possession of a certain quantity of a drug may qualify as trafficking, regardless of intent to distribute or sell.

The state has established thresholds for different types of controlled substances. If an individual is caught with an amount that exceeds these thresholds, it automatically triggers trafficking charges. For example:

• 28 grams of cocaine or more

• 25 pounds or more of marijuana

• 4 grams or more of heroin

• 14 grams or more of methamphetamine

These amounts may seem small, especially in comparison to the quantities often associated with large-scale operations. However, Florida’s stringent laws mean even someone found with what might seem like a relatively modest amount of drugs could face harsh penalties.

Penalties for Drug Trafficking in Florida

Florida imposes mandatory minimum sentences for drug trafficking convictions, which means that judges have little discretion when sentencing individuals. The length of the mandatory minimum sentence depends on the type of drug and the amount involved. For example:

• Cocaine: Trafficking 28 grams to 200 grams of cocaine carries a mandatory minimum sentence of three years and a fine of $50,000. If the quantity exceeds 200 grams, the penalties increase significantly.

• Marijuana: For marijuana, trafficking between 25 to 2,000 pounds carries a mandatory minimum of three years and a fine of $25,000.

• Heroin: If the quantity of heroin trafficked exceeds 4 grams but is less than 14 grams, the minimum sentence is three years in prison and a $50,000 fine. Larger amounts may lead to 25 years or life imprisonment.

In addition to the mandatory minimums, those convicted of drug trafficking face other consequences, including a felony record, loss of civil rights (such as the right to vote or own firearms), and barriers to employment, housing, and education. 

Repeat offenders or those trafficking drugs across state or international borders may face even more severe penalties, including federal charges.

Florida’s Controlled Substance Schedules

To understand drug trafficking laws in Florida, it’s important to know how the state classifies controlled substances. Florida categorizes drugs into five schedules, based on their potential for abuse, medical use, and likelihood of causing dependency.

1. Schedule I: Drugs with a high potential for abuse and no accepted medical use, such as heroin, LSD, and ecstasy.

2. Schedule II: Drugs with a high potential for abuse but some accepted medical uses, such as cocaine, methamphetamine, and oxycodone.

3. Schedule III: Drugs with less potential for abuse than Schedule I or II drugs, including anabolic steroids and ketamine.

4. Schedule IV: Drugs with a low potential for abuse, such as Xanax, Valium, and Ativan.

5. Schedule V: Drugs with the lowest potential for abuse, often used in cough medicines with codeine or similar medications.

Trafficking charges are primarily based on Schedule I and II drugs, although large amounts of any controlled substance may lead to trafficking charges.

Potential Defenses Against Drug Trafficking Charges

Defending a drug trafficking charge in Florida is no easy task, but it’s not impossible. A skilled criminal defense attorney will analyze the circumstances surrounding the arrest and build a strategy aimed at weakening the prosecution’s case. Here are several defense strategies that may be employed:

1. Challenging the Legality of the Search and Seizure

One of the most common defenses in drug trafficking cases involves challenging the legality of how the drugs were discovered. The Fourth Amendment protects individuals from unreasonable searches and seizures, meaning law enforcement must have probable cause or a valid search warrant to search a person, vehicle, or property. 

If the search that led to the discovery of the drugs was unlawful, any evidence obtained during that search may be suppressed.

2. Lack of Knowledge

In some cases, defendants may argue that they didn’t know they were in possession of illegal drugs. For example, someone could be driving a car that contains drugs in the trunk without their knowledge. If the defendant can prove that they were unaware of the presence of the drugs, it could serve as a viable defense against trafficking charges.

3. Entrapment

Entrapment occurs when law enforcement induces a person to commit a crime they wouldn’t have otherwise committed. This defense is often used in cases where undercover officers or informants pressure an individual into trafficking drugs.

However, it’s important to note that simply providing the opportunity to commit a crime doesn’t qualify as entrapment—there must be evidence of coercion or overreach by law enforcement.

4. Lack of Intent

Since trafficking includes elements such as manufacturing, selling, or distributing drugs, proving a lack of intent to commit these actions can sometimes result in a reduced charge. For instance, if an individual was merely in possession of a controlled substance for personal use, it may be possible to argue that they had no intent to distribute the drugs.

The Impact of Federal Drug Trafficking Laws

In some instances, drug trafficking charges may escalate from state-level offenses to federal crimes. This typically happens when drugs are trafficked across state or international borders or involve large quantities that draw federal attention. 

Federal drug trafficking laws are even harsher than Florida state laws, with longer mandatory minimum sentences and more severe penalties.

For example, trafficking 500 grams of cocaine or 100 grams of heroin at the federal level carries a minimum sentence of 5 years in prison. Large-scale drug operations that cross into federal jurisdiction also face the possibility of additional charges, such as conspiracy or money laundering, further complicating the defense.

Potential Alternatives to Prison Sentences

Given the strict mandatory minimum sentences for drug trafficking, avoiding prison time may be a challenge. However, for first-time offenders or those involved in lower-level trafficking operations, there may be alternatives to serving a lengthy prison sentence.

Drug Court Programs

Florida has drug court programs that are designed to help individuals struggling with substance abuse avoid incarceration by entering rehabilitation. These programs typically involve counseling, drug testing, and supervision. 

If the individual successfully completes the program, their charges may be reduced or dismissed. However, drug court is generally only available for those facing lesser drug charges, not for serious trafficking offenses.

Plea Bargains

In some cases, prosecutors may be willing to negotiate a plea deal that allows the defendant to plead guilty to a lesser offense, such as possession with intent to distribute, in exchange for reduced penalties. This may be a beneficial option for those who want to avoid the risk of mandatory minimum sentences or extended prison time.