Common Defenses in Florida Drug Trafficking Cases

Drug trafficking is a simple, and often seemingly harmless, step up from drug possession. Therefore, many Floridians are drug traffickers and don’t know it.

Some people, such as messengers or mules, are caught on the edges of large, multistate, or multinational drug trafficking operations. Others give leftover pain pills to friends or co-workers. Others restrain prescription medication after that prescription expires or pick up prescriptions for loved ones.

Drug trafficking, like most criminal offenses, is usually an intentional crime. That intent refers to the conduct, not the illegality, immorality, or danger. If Tom knows he has drugs in his car, regardless of his plans for those drugs, he could be guilty of drug trafficking. More on that below.

The stealthy nature of drug trafficking underscores the need for a thorough Tampa criminal defense lawyer who fully develops all defenses for people blindsided by unexpected drug trafficking charges.

Lack of Knowledge or Intent

This defense, and the next one as well, often comes up in vehicle mule drug trafficking cases. People transport substances and don’t know what they are.

In Florida, this lack of knowledge can be a defense, if that lack goes to the illicit nature of a controlled substance. If a Tampa criminal defense lawyer properly uses this defense, such possession creates a permissive presumption of knowledge, meaning the issue may become an important part of the defense strategy.

Lack of Actual or Constructive Possession

As mentioned, trafficking is a step above possession. So, drug trafficking is essentially two offenses in one. The state must prove the basic elements of both trafficking and possession.

Prosecutors must establish constructive possession unless drugs are found directly on the defendant (e.g. in a pocket). In these situations, the defense may challenge whether the defendant actually knew about the drugs and had the ability and intent to control them.

Additionally, Florida jury instructions recognize that possession may be sole or joint. Usually, joint possession doesn’t support individual drug trafficking charges.

Challenging the Quantity

Drug trafficking charges often depend on statutory weight thresholds. Consequently, the defense may examine how the substance was collected, tested, weighed, preserved, and documented. A dispute concerning the quantity could potentially affect whether the evidence meets the statutory trafficking threshold or the applicable mandatory minimum sentence.

An extremely small quantity dispute (less than an ounce) could make a big difference. If the quantity is insufficient, prosecutors must normally start all over again by dismissing and refiling charges.

Unlawful Search or Seizure

A defense attorney may examine whether law enforcement violated the Fourth Amendment when searching a vehicle, home, container, or person. If evidence was obtained through an unconstitutional search, the defense may seek suppression of the drugs or other evidence.

Substantial Assistance

Federal court prosecutors must normally reduce charges and/or sentences if the defendant names names and therefore gives substantial assistance to law enforcement investigators.

The same thing may apply in state court as well. Florida law authorizes a state attorney to move for reduction or suspension of a trafficking sentence when statutory requirements are satisfied.

Reach Out to a Detail-Oriented Hillsborough County Attorney

Several defenses are available in most drug trafficking cases. For a confidential consultation with an experienced Tampa criminal defense lawyer, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

nbcnews.com/tech/tech-news/uber-drivers-drug-mules-connect-rcna38464