When it comes to drug trafficking, the laws in Florida are strict, and the consequences can be severe. Whether you’re a citizen, a legal immigrant, or someone in the process of seeking citizenship, being charged with drug trafficking can have life-altering consequences. In this blog post, Central Justice will break down what drug trafficking means, how it’s different from drug possession, the penalties involved, and how this can affect your immigration status.
What Is Drug Trafficking?
Drug trafficking refers to the manufacture, distribution, sale, or transport of illegal drugs. In Florida, trafficking charges are much more serious than simple possession and typically involve larger quantities of controlled substances. You can be charged with drug trafficking even if you’re not actively selling drugs – simply possessing large amounts can trigger trafficking charges based on weight thresholds.
There are several ways trafficking charges can apply:
- Distribution or Sale: Selling, giving away, or transferring illegal drugs to another person.
- Transportation: Moving drugs from one location to another, even if you don’t own them.
- Weight-Based Trafficking: Possessing amounts of drugs that exceed specific legal thresholds, regardless of intent to sell.
How is Drug Trafficking Different From Drug Possession?
While drug possession involves having a small amount of drugs for personal use, drug trafficking is a much more serious crime. Trafficking means selling, delivering, or even just having a large amount of drugs, even if you don’t intend to sell them. The amount of drugs you have can turn a possession charge into a trafficking charge.
For example, if you’re caught with 28 grams or more of cocaine, it’s automatically considered trafficking under Florida law, even if you had no intention of selling it. The difference between possession and trafficking often comes down to the amount of drugs involved.
What Are the Consequences of Drug Trafficking?
Drug trafficking in Florida carries severe penalties, including mandatory minimum sentences. This means if you’re convicted of trafficking, the judge must sentence you to a certain amount of prison time.
Here’s a breakdown of the mandatory minimums for some common drugs:
- Cocaine: 28 grams or more = Three years minimum in prison
- Marijuana: 25 pounds or more = Three years minimum in prison
- Heroin: Four grams or more = Three years minimum in prison
These sentences can increase based on the amount of drugs involved and any previous criminal record.
What Are Defense Strategies for Drug Trafficking Charges?
If you’re charged with drug trafficking, it’s crucial to have a strong defense. Here are some common defense strategies:
- Unlawful Search and Seizure: If the police didn’t follow proper procedures when they searched you or your property, any evidence they found might be thrown out.
- Lack of Knowledge: You might not have known the drugs were in your possession. For example, if someone left drugs in your car without your knowledge, you could argue that you weren’t aware of them.
- Entrapment: If law enforcement tricked or pressured you into committing a crime you wouldn’t have otherwise committed, you could argue entrapment.
- Mistaken Identity: Sometimes, people are wrongly identified as being involved in a drug crime. Proving you weren’t the person involved could be a strong defense.
How Can Drug Trafficking Impact Your Immigration Status?
For immigrants, a drug trafficking charge can have serious consequences beyond jail time and fines. Here’s how:
- Deportation: Certain drug crimes can make you deportable, meaning the government can force you to leave the United States. Even legal permanent residents (green card holders) can be deported if they’re convicted of certain drug offenses.
- Inadmissibility: If you’re convicted of a drug crime, you could be barred from re-entering the United States if you leave. This applies even to those with a green card.
- Loss of Immigration Benefits: Drug charges can also prevent you from becoming a U.S. citizen or renewing your visa. Even if you’re not deported, your immigration status could be seriously affected.
What Should You Do If You’re Facing Drug Charges?
If you’re facing drug trafficking charges, it’s important to act quickly. Here are the steps you should take:
- Contact an Attorney: A skilled criminal defense attorney can help you understand your rights and build a strong defense. They can also help you navigate the complex interactions between criminal charges and immigration law.
- Don’t Speak to Police Without a Lawyer: Anything you say to law enforcement can be used against you. It’s best to wait until your attorney is present before answering any questions.
- Gather Evidence: If you have any evidence that could support your defense, like witnesses or documents, make sure to keep it safe.
Get the Experienced Defense You Need
Drug trafficking charges are serious and can lead to harsh penalties, especially in Florida. If you’re an immigrant, the consequences can be even more severe, potentially affecting your ability to stay in the United States. Understanding trafficking charges, the potential penalties, and the available defenses can make a big difference in your case. If you or someone you know is facing drug charges, don’t wait to seek legal help. Central Justice wants to fight for you. Contact us today for a consultation.