If you’ve been arrested for drug trafficking in Florida, you’re probably wondering how to defend yourself and pursue a reduction or dismissal of the charges or an acquittal at trial. An experienced criminal defense lawyer can evaluate your legal options for defending against drug trafficking charges.
Understanding Drug Trafficking Charges in Florida
Under Florida law, a person may face criminal prosecution if they sell, manufacture, deliver, or possess a controlled substance with the intent to sell, manufacture, or deliver a controlled substance. Grading of a drug trafficking charge in Florida will depend on the type and quantity of drugs trafficked by the defendant, with more dangerous drugs or higher quantities of drugs potentially leading to first-degree felony charges.
Furthermore, various aggravating factors can increase the grading of a drug trafficking charge, such as selling, manufacturing, delivering, or possessing drugs with intent to sell, manufacture, or deliver in or within 1,000 feet of a child care facility or a primary or secondary school between the hours of 6 a.m. and midnight, or within 1,000 feet of a state/county/municipal park, a community center, or a publicly owned recreational facility.
Key Elements of a Drug Trafficking Charge
Elements that prosecutors must prove beyond a reasonable doubt to secure a conviction on a drug trafficking charge in Florida include:
- The defendant had possession of a controlled substance: Prosecutors must prove that a defendant had actual (physical) or constructive (legal control) possession of the drugs.
- The defendant knew they possessed a controlled substance: The prosecution must also prove that the defendant knew the substance was a controlled substance and not a harmless, legal substance.
- The defendant sold or delivered the drugs or possessed them with the intent to do so: Finally, prosecutors must prove that the defendant sold or delivered the drugs or possessed drugs intending to sell or deliver them. Evidence of intent may include the quantity of drugs the defendant possessed, the packaging of the drugs for transport or individual sale, or possession of other materials indicative of trafficking, such as scales, packaging materials, or large quantities of cash.
Common Defense Strategies
Common defenses to drug trafficking charges include:
- Lack of knowledge: A defendant may deny knowing that the substance they possessed constituted an illegal controlled substance.
- Lack of possession: Defendants may argue that the prosecution’s evidence failed to prove they had actual or constructive possession of the drugs, such as when police find the drugs in a location not controlled by the defendant or controlled by the defendant and other persons.
- No intent to sell or deliver: A defendant may fight a drug trafficking charge by asserting they intended to use the drugs in their possession, including by highlighting their possession of a minor, personal-use quantity of drugs.
- Unlawful search and seizure: Defendants may seek to exclude evidence from the prosecution’s case by asserting that police investigators conducted an unlawful search without probable cause or other legal justification.
- Chain of custody issues: A defendant may challenge the admissibility of the drugs or other evidence by highlighting chain of custody issues that raise questions as to the origin and identity of the evidence.
Steps to Take After a Drug Trafficking Arrest
Following an arrest on drug trafficking charges, steps you can take to put yourself in the best position to defend against your charges include:
- Exercise your right to remain silent and do not answer any questions from the police or prosecutors about your charges.
- Gather and preserve any favorable evidence, such as contact information for witnesses who can provide testimony supporting your defenses.
- Contact a Florida criminal defense attorney with extensive experience representing clients facing drug trafficking charges.
Contact a Drug Defense Attorney Today
If you’ve been arrested and charged with drug trafficking in Florida, you need highly experienced legal advocacy to protect your rights, reputation, and future. Contact Central Justice today for a confidential consultation with a drug defense lawyer to learn more about your options.
