Doral Introduction of Contraband into a Detention Facility Lawyers

Overview of the Crime

Florida statute §944.47 makes it illegal to introduce or provide an inmate with any unauthorized article of contraband into or upon the grounds of any state correctional institution. Contraband is defined broadly and includes weapons, intoxicants, currency, written messages, food and clothing, cellular phones, tobacco, and other items considered harmful or that violate facility rules.

The crime applies to anyone who smuggles prohibited items into a jail or prison, including inmates, staff members, visitors, volunteers, contractors, etc. The contraband does not need to reach the intended inmate recipient – simply bringing it inside the perimeter fences or security checkpoints can constitute a violation.

Common Defenses

There are several legal defenses that a skilled Doral contraband lawyer may use to contest the charges, such as:

• Lack of knowledge – If you were unaware the item was contraband or prohibited inside the facility. This is common with small amounts of cash, OTC medications, or certain clothing items.
• No intent – You did not intentionally try to smuggle contraband or deliver it to an inmate, and it was introduced by accident or circumstances out of your control.
• Entrapment – Law enforcement pressured or coerced you into committing the crime through manipulative tactics.
• Illegal search – The contraband was discovered through an unconstitutional search that violated your 4th Amendment rights.
• Misidentification – You were mistakenly identified and did not actually commit the crime.

A skilled contraband lawyer will thoroughly analyze the specifics of your case to determine if any of these defenses may apply.

Penalties and Sentencing

Introduction of contraband charges are prosecuted as third-degree felonies in Florida. If convicted, penalties can include:

• Up to 5 years in state prison
• Fines up to $5,000
• 3-5 years probation
• Permanent criminal record

Penalties can escalate if the contraband includes weapons, cellular devices, or controlled substances. These are considered second-degree felonies with up to 15 years imprisonment.

Judges have wide discretion in sentencing, taking into account the type and amount of contraband, criminal history, and other case specifics. An experienced lawyer can argue for mitigating factors to help secure the lightest penalties under your circumstances. They may also negotiate plea bargains or pretrial diversion programs in suitable cases.

Conclusion

Smuggling contraband into jails and prisons is a very serious felony offense in Florida. If you are facing such charges, an experienced Doral criminal defense lawyer can be the difference between lengthy prison time or preserving your freedom. Do not leave the outcome to chance – consult with a qualified attorney as soon as possible to start building the strongest possible defense. With sound legal advice and aggressive representation, many positive case resolutions are possible.