If you are convicted of cocaine trafficking charges in Florida, you will face a lengthy prison sentence. The Orlando drug trafficking attorneys at The Alers Law Firm can defend you from serious drug charges.
Prosecutors must prove your guilt for cocaine trafficking beyond a reasonable doubt. Depending on the circumstances of your case, you may have defenses that you can rely on to fight the charges against you. A drug crimes lawyer can review your case and help determine whether you may be able to defend against the charges in court.
If you are facing drug charges, call the drug trafficking attorneys in Florida at The Alers Law Firm to discuss your case. We can explain your legal options and the potential path forward in your case.
The Elements and Penalties for Cocaine Trafficking in Florida
Cocaine trafficking charges carry a stiff potential penalty if you are convicted. Even the lowest category of cocaine trafficking charges carries a minimum sentence of three years in prison. The penalties escalate based on the amount of cocaine that was alleged to be involved in the crime. Trafficking more than 150 kilograms of cocaine is a first-degree felony that is punishable by life in prison.
To win a conviction on cocaine trafficking charges, the prosecutor must prove each of the following elements:
- The defendant knowingly possessed, sold, purchased, manufactured, delivered or brought into Florida a substance
- The substance was cocaine
- The cocaine weighed a certain amount
Defending Against Cocaine Trafficking Charges
It follows that you would need the help of a criminal defense attorney when you have been charged with cocaine trafficking. Your criminal defense lawyer would review your case and determine whether you have any valid defenses to the charges against you that would allow you to contest them in court.
The prosecutor’s ability to win a conviction depends both on the physical evidence that they present and proof of your intent. If you are able to negate either, you may be able to defeat the charges against you.
Some defenses to cocaine trafficking charges include:
- Illegal Search or Seizure: The Fourth Amendment to the United States Constitution protects you from illegal searches and seizures. Police need a warrant that is based on probable cause to conduct a search. If police do not have a warrant, they need to rely on a valid exception to the warrant rule. If police violated your fourth amendment rights, you can file a motion to suppress the evidence. A court would not allow any evidence into your case that is the “fruit of the poisonous tree.”
- Lack of Intent: The law is framed in terms of knowing conduct. If you did not have the intent to do anything that was forbidden by the statute, you cannot be convicted of the crime. For example, you may not have known that the substance in your possession was cocaine, or even that you had it in your possession at all.
- Entrapment: You would also lack the intent to commit a crime if law enforcement entrapped you. For instance, if a police officer asked you to buy or sell cocaine, and you said no, they would need to accept your refusal. If police engaged in conduct that could be interpreted as persuading you to commit a crime, it could be considered entrapment.
- Issues with the Substance’s Quantity or Identify: First, you would need to have possessed a certain amount of cocaine to be convicted of the charges, and the amount alleged may be under the threshold. Second, there could be issues with the evidence, such as it being tainted or not having the proper chain of custody after the time it was seized.
- Violation of Your Miranda Rights: Once you have been taken into police custody, you must be informed that you have the right to remain silent and the right to an attorney. If you invoke your right to counsel, questioning must stop. Any confessions or incriminating evidence that police gain from you through questioning after that could be suppressed.
The Florida drug trafficking lawyers at the Alers Law Firm can review your case and help determine if there is a way to fight the charges against you. We can provide you with aggressive yet sensible legal representation when you are facing cocaine trafficking charges.
Contact a Florida Criminal Defense Law Firm Today
Schedule a free initial consultation with the Alers Law Firm immediately after you have been charged with a crime or learn that you are being investigated. You can speak with a Florida drug crimes attorney by visiting our website or by calling us today at (407) 863-3885.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
