Fort Lauderdale Drug Trafficking and Smuggling Lawyers
Drug trafficking and smuggling charges in Fort Lauderdale can lead to severe penalties, including lengthy prison sentences. If you or a loved one is facing such charges, it is critical to have an experienced criminal defense attorney on your side. The lawyers at our firm have successfully defended clients against drug trafficking and smuggling accusations in Fort Lauderdale and throughout South Florida. We have the skills and knowledge to thoroughly investigate these cases, identify weaknesses in the prosecution’s evidence, and build a strong defense on your behalf.
Overview of Drug Trafficking and Smuggling Laws in Florida
Florida has some of the toughest drug laws in the country. Trafficking involves knowingly selling, purchasing, manufacturing, delivering, or bringing a certain amount of an illegal drug into the state. Even first-time trafficking offenses can lead to mandatory minimum prison sentences and fines in the tens or hundreds of thousands of dollars. Smuggling, which involves transporting drugs into Florida from another state or country, is prosecuted similarly to trafficking.
The specific penalties for drug trafficking and smuggling depend on the type and quantity of the drug involved. For example, trafficking just 7 grams of heroin or 28 grams of cocaine in Florida is a first-degree felony with a mandatory minimum sentence of 3 years in prison and a $50,000 fine. Trafficking larger amounts leads to even harsher mandatory minimums.
Florida also has a “drug kingpin” law that imposes severe penalties for operating a continuing criminal enterprise involving large quantities of illegal drugs. These complex cases often involve undercover operations and confidential informants, requiring an attorney experienced with challenging their credibility.
Common Defenses in Drug Trafficking and Smuggling Cases
Skilled criminal defense lawyers can often get charges reduced or dismissed by applying the following defenses:
- Lack of knowledge – Prosecutors must prove you knew the type and quantity of the drugs. If, for example, someone hid drugs in your belongings without your knowledge, this could defeat the charges.
- No possession – You cannot be guilty of trafficking or smuggling drugs that were never in your actual or constructive possession.
- Misidentification – Eyewitnesses, confidential informants, or other evidence may falsely identify you as the perpetrator.
- Entrapment – This applies when police improperly induced you to commit a crime you otherwise wouldn’t have.
- Illegal search – If the police violated your Fourth Amendment rights by searching you or your property without probable cause and a warrant, evidence from the search may be suppressed.
- Chain of custody issues – Breaks in the chain of custody of drug evidence could raise doubts about its integrity and authenticity.
Why Hire Us for Your Fort Lauderdale Drug Case?
The skilled Fort Lauderdale drug crime lawyers at our firm have over 25 years of experience representing clients on both state and federal drug charges. We are aggressive litigators who are not afraid to file motions challenging improper police conduct, use of informants, and other prosecution tactics.
Our lead attorney, John Smith, previously served as an Assistant State Attorney in Miami-Dade County, prosecuting drug cases. This inside perspective on the prosecution’s approach often reveals weaknesses we can exploit in defending trafficking and smuggling cases.
We also include highly experienced former federal agents on our team who can critically analyze the investigation techniques used in your case. Their expertise in surveillance, informants, and undercover operations helps us identify potential issues to challenge.
Our firm offers personalized attention to each client. We will thoroughly examine the evidence, explain your options, and guide you through the complex criminal justice process. If charges cannot be dismissed pre-trial, we have a proven record of negotiating reduced sentences and probationary deals.
We understand these cases can be financially and emotionally devastating. We offer flexible payment plans and have relationships with respected treatment providers should substance abuse treatment be appropriate.
Contact Us for a Free Consultation
Don’t risk your future by trying to navigate Florida’s harsh drug laws alone. The defense lawyers at our firm have the skills and experience to protect your rights. We encourage you to contact us for a free, no-obligation case evaluation. Call us at 954-555-1234 or fill out our online form to schedule a consultation.
Drug Trafficking Penalties in Florida
The penalties for drug trafficking in Florida depend on the type and quantity of the drug involved. Even small amounts can lead to mandatory minimum prison sentences. For example:
- Trafficking 28 grams or more of cocaine is a first-degree felony with a 3-year mandatory minimum prison sentence and $50,000 fine. Trafficking larger amounts leads to longer mandatory minimums.
- Trafficking 4 grams or more of flunitrazepam is a first-degree felony with a 3-year mandatory minimum prison sentence and $50,000 fine.
- Trafficking 14 grams or more of amphetamine is a first-degree felony with a 3-year mandatory minimum prison sentence and $50,000 fine.
- Trafficking 4 grams or more of morphine/opium is a first-degree felony with a mandatory minimum 3-year prison sentence and $50,000 fine.
- Trafficking 30 kilograms or more of marijuana is a first-degree felony with a 3-year mandatory minimum prison sentence and $25,000 fine.
The penalties are even more severe for trafficking large quantities of drugs like heroin, oxycodone, fentanyl, and methamphetamine. It’s critical to have an experienced attorney fighting to avoid mandatory minimums and reduce potential prison time.
Sentencing Enhancements in Drug Trafficking Cases
Beyond the mandatory minimums, Florida has sentencing enhancements that can add even more prison time for certain drug trafficking offenses. For example:
- If you trafficked drugs within 1,000 feet of a school, the penalties can be enhanced.
- Using a weapon while trafficking drugs can add years to your sentence.
- Trafficking large quantities of drugs can lead to an enhanced “drug kingpin” sentence.
- Prior felony drug convictions can also enhance your sentence as a habitual offender.
These enhancements can turn an already serious mandatory minimum sentence into an extremely lengthy prison term. An attorney may be able to avoid the enhancements by challenging the evidence and raising procedural issues.
Federal Drug Trafficking Charges
Florida’s state courts handle most drug cases, but the federal court system prosecutes certain trafficking and smuggling offenses. Common federal charges include:
- Importing controlled substances – Bringing drugs into the U.S. from another country.
- Possession/distribution on federal property – Drug activity that occurs in federal places like military bases or national parks.
- Interstate drug trafficking – Transporting drugs between Florida and other states.
- Continuing criminal enterprise – Leading large drug trafficking organizations.
While Florida abolished parole years ago, the federal system still offers parole. However, federal drug sentences tend to be longer than state sentences on average. Federal charges require experienced lawyers familiar with the complex federal sentencing guidelines.
Drug Smuggling Penalties
Smuggling illegal drugs into Florida across state or national borders carries penalties similar to trafficking charges. Common smuggling charges include:
- Drug importation – Bringing drugs into Florida from another state or country.
- Drug exportation – Transporting drugs out of Florida to another location.
- Maritime drug smuggling – Using boats and maritime vessels to transport drugs.
- Air smuggling – Importing drugs on private planes or concealing them in commercial air travel.
- Commercial vehicle smuggling – Using tractor trailers, buses, or other vehicles to bring drugs into the state.
The penalties depend on the drug type and quantity but can include lengthy mandatory minimum prison sentences and fines up to $500,000. Those caught smuggling large quantities of drugs face even harsher sentences of up to life in prison.
Possible Defenses to Smuggling Charges
Defenses that may defeat drug smuggling charges include:
- You did not know about the concealed drugs.
- Someone else had control over the drugs.
- You were not crossing state/national borders.
- The drugs were planted by police.
- You were coerced or threatened into smuggling the drugs.
Seek an Experienced Drug Crime Attorney
Allegations of drug trafficking or smuggling should never be taken lightly in Florida. An experienced criminal defense lawyer can analyze the evidence, identify issues, negotiate with prosecutors, and defend your rights in court. Contact our Fort Lauderdale firm for a free case review if you or a loved one is facing drug trafficking or smuggling charges.