Drug trafficking is a serious crime in Florida that comes with long-term prison sentences, extensive fines, and lasting criminal charges on your record. If you’re facing drug trafficking charges in Florida, you’re probably wondering how to get a drug trafficking charge dismissed.
Obtaining an outright dismissal is rare in Florida, but there are a number of legal strategies that may help to at least mitigate the charge down to a less serious offense or whittle down the possible penalties. Understanding how to beat a drug trafficking charge in Florida should begin with a call to a skilled drug trafficking defense lawyer. An attorney can explain possible legal defenses for your case and review the legal process for getting your charges reduced or potentially dismissed.
Drug trafficking refers to selling, buying, importing, manufacturing, or possessing drugs over a certain quantity. When police find proof of this, you can be charged with drug trafficking in Florida.
It may come as a surprise to learn that you can be arrested for drug trafficking simply for having a certain quantity of drugs in your possession. However, Florida drug trafficking laws clearly specify that this crime occurs when a person is knowingly “in actual or constructive possession of” the drug.
Constructive possession means the drugs are in your possession even if they’re not on your person, such as having them in your vehicle or, at a minimum, in ready reach.
Knowing exactly when you can be charged with drug trafficking is complicated by the fact that the law differs based on which drug was found in your possession. Florida law has different drug trafficking thresholds for different substances. Some of the most common are:
The risk of a drug trafficking charge varies considerably based on the substance in question. While only one gram of LSD is enough to lead to a drug trafficking charge, you need to be found with 25 pounds of cannabis to be charged with the same crime.
Penalties for a drug trafficking conviction are serious. All penalties and sentencing times depend on the amount and the type of substance you are charged with trafficking.
Additional thresholds determine the penalties for each substance. For example, 28-200 grams of cocaine leads to the least severe consequences. Penalties go up for amounts between 200 and 400 grams and increase again for quantities between 400 grams and 150 kilograms.
In most cases, the three sentencing tiers you face based on substance quantity are:
However, penalties are stricter for cases involving opioids like heroin, fentanyl, and hydrocodone.
For example, over 200 grams of hydrocodone can result in 25 years in prison and a fine of $750,000. You can face a sentence of life imprisonment for certain quantities of cocaine, opioids, and flunitrazepam.
You can consult the drug trafficking laws in the Florida Statutes or speak with your lawyer to understand the specific penalties you’re facing in your case.
Hiring a skilled lawyer who has successful experience in Florida drug trafficking cases is essential to learning how to get a drug trafficking charge dismissed.
Your criminal defense lawyer will review the details of your arrest and the accompanying evidence the police have against you. Based on this, they’ll identify which type of defense argument will have the greatest impact in your case.
Building a defense involves finding a reason why your charges should be dropped or reduced, collecting proof, and building a legal argument to present to the prosecution as part of a plea bargain. A good defense argument must be unique to the facts of your case. However, certain types of defenses are most common in Florida drug trafficking cases.
You can’t be convicted of drug trafficking without sufficient evidence. A lawyer will first explore whether they can have your case thrown out due to a lack of evidence. Your lawyer should carefully scrutinize the evidence the prosecution has collected against you and compare it to the law.
For example, if the drugs were found in your vehicle, the prosecution needs to be able to prove that they are yours and that you knew they were there. If your lawyer can demonstrate that the evidence collected by the prosecution doesn’t meet the legal criteria for proving that you committed the crime of drug trafficking, your charges could be dismissed.
The Fourth Amendment to the U.S. Constitution protects against illegal search and seizure, which means police cannot stop and search your car or person without a legitimate reason.
For example, if the police pulled you over while driving without probable cause and then proceeded to search your vehicle, this is unlawful. If, during this search, the police discovered drugs in your possession, your lawyer can have this evidence thrown out.
Evidence obtained illegally can’t be used to convict you of a crime. In many cases, the prosecution's primary proof against the person charged is illegally obtained evidence. Once it gets thrown out, any remaining evidence may not be enough to secure a conviction.
Entrapment refers to law enforcement officers convincing or tricking you into doing something illegal that you wouldn’t have done if they hadn’t urged you to. Entrapment is often an issue in undercover drug operations, where an undercover agent might encourage you to buy, sell, or move larger quantities of a drug than you planned to.
If a police officer convinces you to do this and then turns around and arrests you for drug trafficking, a lawyer can build a case proving entrapment. Florida law specifies that if you can prove criminal charges result from entrapment, the charges may be dropped.
Illegal search seizure is one common example of how your rights can be violated before an arrest for drug trafficking. However, it’s far from the only violation of rights that can occur in a drug trafficking case.
Both state and federal laws ensure you have rights. When the police violate them, any evidence obtained as a result of the violation can be thrown out of your case.
For example, if the police use abusive interrogation tactics or don’t allow you access to a lawyer, they might eventually wear you down and obtain a confession or other information to use against you for a conviction.
If your lawyer can prove that such evidence was obtained due to the police violating your rights, it can be thrown out of your case. Your charges can be dismissed if this leaves the prosecution with insufficient evidence.
If you want to learn how to get a drug trafficking charge dismissed, you need to know what to do to protect yourself. The single most important step you can take is to hire an experienced Florida drug trafficking defense lawyer right away. Don’t wait to call a lawyer, and don’t hire the first lawyer you speak to.
Time is of the essence, but you should still take the time to look at the law firm’s track record and results. For the best chance of getting your charges dismissed, choose a lawyer who can show proof that they have successfully gotten drug trafficking charges dropped in past cases.
Looking at online client testimonials and case results can provide this information, but a lawyer should also be able to provide you with a list of case results during your consultation.
Once you hire a lawyer, they’ll thoroughly investigate your arrest and the evidence against you. They’ll identify which type of defense argument is best for your case and begin building it. In some cases, a lawyer might suggest alternative strategies. Some of these alternative strategies include:
These approaches could lead to dropped charges or reduced charges with less serious penalties. If your case goes to trial, your lawyer will represent you in court hearings, presenting their defense to the judge. If your lawyer’s defense argument is strong enough, the judge can find you not guilty and close your case.
If you’re arrested for drug trafficking in Florida, you need to call a drug trafficking defense lawyer as soon as possible. You should cooperate with law enforcement, but don’t discuss your case or answer questions until your lawyer is present.
It’s hard to give an average estimate in a drug trafficking case. For example, in one case, the entire case may hinge on what was obviously an illegal search and seizure. Getting the charges dropped quickly might be relatively easy if the search and seizure were unquestionably illegal, but most cases require the filing of a Motion to Suppress the evidence and a hearing on the issue.
In a different case, such as one involving entrapment, it can take much longer to collect evidence and successfully prove that the actions of the law enforcement officers amounted to entrapment. This is because a defense attorney must file the appropriate paperwork and a judge will determine at a hearing whether entrapment applies.
Your criminal record can have a significant impact on your case. When it comes to trafficking charges, a lack of prior record generally has a limited impact on the outcome of your case. However, it can be easier to build a compelling defense and/or plea offer when you don’t have a track record of drug trafficking.
If you have previous drug trafficking charges on record, it shows you have a history of committing the crime you’re currently being accused of. For a first-offense drug trafficking charge, it can also be easier to obtain outcomes like alternative sentencing or a lengthier term of probation. These outcomes are typically harder to achieve if you have prior convictions for drug trafficking on record.
By now, you should know how to get a drug trafficking charge dismissed. The Denson Firm is a Florida criminal defense firm with over twenty years of experience handling criminal defense cases in St. Petersburg and Pinellas County. Over the past two decades, we’ve helped countless clients get drug trafficking and other charges dismissed or reduced to lesser crimes.
Our experienced criminal defense lawyers explore every angle of a case, building airtight defenses and fighting aggressively for our clients’ freedom. When you’re facing drug trafficking charges in Pinellas County, your lawyer’s skill and experience is the most important factor determining whether your charges will be dismissed.
The Denson Firm has the desired experience and track record on your case. Call The Denson Firm today to schedule a free, confidential consultation with an experienced Florida drug trafficking defense lawyer.
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