Fort Lauderdale Introduction of Contraband into a Detention Facility Lawyers

Bringing items into a jail or prison that are prohibited can lead to criminal charges in Fort Lauderdale. As a lawyer who regularly defends clients accused of smuggling contraband, I know how confusing Florida’s laws can be. This article will explain the common charges, possible defenses, and what to expect if you’re under investigation.

What is Contraband Under Florida Law?

Contraband refers to any item that is illegal to possess inside a detention facility. The definition is broad, covering weapons, drugs, alcohol, tobacco, phones, and more. Even items that seem harmless like food or clothing can be contraband if used improperly.

Florida Statute 951.22 specifically lists prohibited items. But jails and prisons often have their own internal rules too. So an item might be contraband in one facility but permitted in another. As a criminal defense lawyer, I’ve seen folks charged over things as small as extra socks, plastic utensils, or too many postage stamps.

How Do The Charges Work?

In Florida, it’s illegal to smuggle contraband into a detention facility, or possess it once inside. The charges and penalties depend on what items were involved and other factors. Common charges include:

• Introduction of Contraband into a Detention Facility – Felony charge for smuggling prohibited items into a jail or prison. This can be charged even if the contraband doesn’t reach inmates. Penalties include up to 5 years imprisonment.
• Possession of Contraband in a State Correctional Institution – Felony for possessing prohibited items within a state prison. Up to 5 years imprisonment as a possible sentence.
• Possession of Contraband in a County Detention Facility – Usually a 1st degree misdemeanor. But it becomes a 3rd degree felony if the contraband is a weapon or cellular phone. Punishable by up to 5 years imprisonment.
• Smuggling Contraband into a State Correctional Institution – 2nd degree felony with up to 15 years imprisonment as a possible penalty.
• Smuggling Contraband into a Juvenile Detention Facility – 3rd degree felony with up to 5 years imprisonment.

There are also separate charges for smuggling specific items like drugs, tobacco, weapons, or cell phones. The potential sentences get much harsher depending on the contraband involved.

Who Can Face Charges?

Anyone entering a detention facility could potentially be charged with smuggling contraband. This includes:

• Inmates
• Visitors
• Staff members
• Volunteers
• Contractors/vendors

Visitors often don’t realize common items in their pockets or purses could be illegal in the jail. But ignorance of the rules is not a defense.

Inmates can also be charged with possessing contraband found in their cell. This is true even if it was smuggled in by someone else.

Possible Defenses a Lawyer Might Raise

As a criminal defense attorney, I’ve helped clients fight these allegations with defenses like:

• Lack of Knowledge – Showing you didn’t know the item was contraband or how it got into the facility.
• Duress – Arguing you were forced or coerced to bring in the prohibited item.
• Entrapment – When police encourage you to commit a crime you wouldn’t have otherwise.
• False Accusations – Inmates will sometimes falsely allege another inmate has contraband. But accusations require proof.
• Illegal Searches – If contraband was found through an improper search, the evidence may be excluded.
• Misidentified Item – In some cases, an everyday item is mistaken for contraband.

The options depend on the specific circumstances of your case. An experienced criminal defense lawyer will thoroughly analyze the facts to build the strongest defense.

The Investigation and Charging Process

Investigations typically begin when:

• Contraband is found during a search or routine screening.
• Someone comes forward with an accusation.
• Corrections staff notice suspicious behavior.

Investigators will try to determine who brought the item in and how. They may review security footage, recorded phone calls, visitor logs, etc. If enough evidence exists, prosecutors will file formal charges.

Defendants often first learn about the allegations during interrogation. I advise remaining silent and asking for a lawyer immediately. Any statements made can be used against you.

Once charged, the court process proceeds like any criminal case. There may be pretrial hearings to challenge evidence or negotiate a plea bargain. If no plea is reached, the case heads to trial.

An experienced contraband crimes lawyer can guide you through each stage. I always aim to get charges reduced or dismissed pretrial. But I’ll mount an aggressive courtroom defense if necessary.

Consequences of a Conviction

Potential penalties go up to 15 years in state prison depending on the charges. Other consequences may include:

• Permanent criminal record
• Probation or parole
• Fines up to $15,000
• Civil asset forfeiture
• Suspension of professional licenses
• Immigration issues for non-citizens

Smuggling charges also often lead to visitation restrictions or a permanent ban at that facility. Visitors accused of passing contraband may be barred statewide.

Finding the Right Lawyer

If you or a loved one faces contraband allegations, I know how scary this can feel. False accusations are common, but beatable in court. Skilled defense lawyers know how to attack flawed investigations, illegal searches, and unreliable witnesses.

I have over a decade of experience specifically defending contraband cases in South Florida. My firm fights aggressively pretrial to get charges dropped or reduced whenever possible. If needed, I’ll take your case to trial and expose flaws in the prosecution’s case.

Don’t leave your future to chance. Contact me for a free case evaluation today. I’m here to help 24/7.