Drug trafficking is a very serious charge that can be based on the amount of drugs that you are alleged to have in your possession. The Florida drug crimes defense attorneys at the Alers Law Firm can defend you when you have been charged with serious drug crimes.
Any type of drug charge in Florida can lead to grave consequences upon a conviction. Drug trafficking charges can lead to some of the highest penalties associated with drug charges. The high stakes associated with these charges make it imperative that you get legal help immediately.
If you are facing any type of drug charges, call the Alers Law Firm immediately to begin work on your legal defense. We can discuss your case and the path forward in a free initial consultation.
The Definition of Drug Trafficking in Florida
Trafficking is not limited to activities involving the distribution, manufacturing or transportation of controlled substances. You would be charged with drug trafficking when you are alleged to possess controlled substances in certain quantities. Even if you did not make any attempt to sell the substance, drug trafficking is presumed based on possession of a certain amount of substances.
The drug trafficking law in Florida is written to include:
“Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession.”
Possession of the following amounts of controlled substances could lead to drug trafficking charges:
- More than 25 pounds of cannabis or 300 cannabis plants (if you are found to possess more than 2,000 pounds of cannabis, the mandatory minimum sentence would be higher)
- 28 grams or more of cocaine
- 4 grams or more of any morphine (including heroin)
- 28 grams or more of hydrocodone
- 7 grams or more of oxycodone
- 4 grams or more of certain types of fentanyl
- 28 grams or more of phencyclidine
- 1 gram or more of LSD
The alleged crime may rise to a life or capital felony, depending on the circumstances. If one is convicted of drug trafficking that involves the killing of an individual, or the knowledge that the importation or manufacture of a certain substance would result in the death of a person, they can be charged with a capital felony.
Punishment for a Drug Trafficking Conviction in Florida
Florida has recently passed laws that raise the penalties for certain types of drug trafficking. For example, Governor DeSantis signed a law in 2022 that raised the punishment for trafficking in certain types of fentanyl.
Drug trafficking is charged as a first-degree felony in Florida. If convicted of the charges, you would face a mandatory minimum sentence of three years in prison. The penalties could rise if you are found to have possessed much more than the statutory minimums.
The stakes in your case are much higher due to the presence of mandatory minimum sentences. If you are convicted of drug trafficking, even if it is the result of a plea bargain, you will go to prison for a certain length of time.
Of course, the prosecutor would make a sentencing recommendation after a plea bargain or conviction at trial, which the judge would consider. Even if you reached a plea bargain for drug trafficking charges, the judge would be the one who makes the final sentencing decision.
Felony convictions come with other severe consequences. Even after you served your sentence, you would be left with a criminal record that would complicate employment, cost you the right to own firearms and even keep you from being able to get housing.
Defenses to Drug Trafficking Charges
If you have been charged with drug trafficking, your criminal defense attorney would review your case and the evidence that is being used against you. An attorney may find that you have defenses to drug trafficking charges that could include:
- The drugs being used as evidence were the product of an illegal search and seizure
- You were entrapped by law enforcement into committing a crime
- You committed a crime under duress
- Police lacked probable cause to arrest you
- Law enforcement otherwise violated your rights after they arrested you
If the evidence was illegally seized, your attorney may move to suppress it as the “fruit of the poisonous tree.”
Contact a Florida Drug Charges Defense Attorney Today
Call a drug crimes defense lawyer at the Alers Law Firm if you have been charged with drug crimes or learn that you are under investigation. Time matters when you are in the criminal justice system. To schedule a free initial consultation with a lawyer, you can call us today at 407-326-0602. We can speak to you at any time of day.
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.
