Miami Drug Trafficking Lawyer

Miami Drug Trafficking Attorney

Drug trafficking cases can be pursued on the federal or state level and are some of the most serious drug-related offenses in Miami. These crimes occur when significant amounts of controlled substances are possessed or moved within the state or across state and international borders. The penalties for a drug trafficking conviction can alter the rest of your life permanently. It is critical that you work with a Miami drug trafficking lawyer as soon as possible.

Conviction of drug trafficking can result in imprisonment and incredibly large fines. In addition to these significant criminal penalties, you will also have a criminal record, which can have serious collateral consequences long after you have paid your fine and served your sentence. An experienced criminal defense attorney is your greatest chance at avoiding conviction or reducing the charges to a lesser offense.

Let The Kirlew Law Firm Represent Your Rights

Facing the criminal justice system can be isolating and overwhelming. Drug offenses are harshly prosecuted, especially serious offenses like drug trafficking. Dealing with this system and knowing the right steps to take is easiest with an experienced defense lawyer. The team at The Kirlew Law Firm can provide aggressive legal representation and fiercely protect your rights and your future.

Brian Kirlew, who has worked for years as a defense attorney and a public defender, understands this system. He possesses in-depth knowledge of criminal defense, both on the state and federal level, in an array of different areas of criminal law. The team at The Kirlew Law Firm provides unparalleled legal representation, informing you of your options to mitigate your charges or defend against them.

Our firm can review your case, help you understand the potential outcomes, and determine how to secure the most favorable result.

Understanding Drug Trafficking Charges in Miami

Drug trafficking is the crime of knowingly selling, purchasing, manufacturing, delivering, or importing a controlled substance to the state. It could also include the actual or constructive possession of that substance. Drug trafficking is charged when an individual or group possesses or manufactures a significantly high amount of controlled substances.

Drug trafficking offenses, particularly those involving large trafficking groups, are more likely to be investigated and prosecuted federally. This is especially true when drug trafficking crosses state lines. Federal agencies like the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI) may address drug trafficking offenses, making the penalties much more serious.

However, even when drug trafficking cases stay at the state level, they are still extremely serious. Trafficking offenses are charged as felonies, and nearly all have mandatory minimum imprisonment sentences. Without an attorney, you are much more likely to face some of the most severe penalties available.

Drug Trafficking Penalties in Florida

Nearly all drug trafficking charges are first-degree felonies in Florida. In some cases, drug trafficking is charged as a capital felony. Conviction of a first-degree felony typically results in up to $10,000 in fines and up to 30 years of imprisonment. Although this maximum sentence applies to first-degree felony trafficking offenses, the fine does not.

Each drug trafficking charge in Florida has its own specific fine, often much higher than typical felony fines. Trafficking charges are categorized by the type of substance being trafficked and the amount of that substance involved. Each category also has its own mandatory minimum sentence.

The most common substances involved in trafficking are:

• Cannabis
• Cocaine
• Opium
• Morphine
• Heroin
• Hydromorphone
• Methamphetamine
• Painkillers like hydrocodone or oxycodone
• Gamma-hydroxybutyric acid (GHB)
• Gamma-butyrolactone (GBL)
• Lysergic acid diethylamide (LSD)

Cannabis Trafficking Charges in Florida

Trafficking cannabis has the following minimum sentencing and fines:

• More than 25 pounds of cannabis but less than 2,000 pounds, or between 300 and 2,000 cannabis plants, results in a mandatory minimum sentence of three years imprisonment and a fine of $25,000.
• Between 2,000 pounds and 10,000 pounds of cannabis, or between 2,000 and 10,000 cannabis plants, results in a minimum sentence of seven years and a fine of $50,000.
• More than 10,000 pounds or 10,000 plants results in a mandatory minimum imprisonment sentence of 15 years and a fine of $200,000.

Cocaine Trafficking Charges in Florida

Conviction of cocaine trafficking results in the following penalties depending on the amount of cocaine present in the offense:

• Between 28 grams and 200 grams of cocaine results in a mandatory term of three years and a fine of $50,000.
• Between 200 grams and 400 grams of cocaine carries a sentence of seven years minimum and a fine of $100,000.
• More than 400 grams but less than 150 kilograms of cocaine results in a minimum term of 15 years imprisonment and a fine of $100,000.

When more than 150 kilograms of cocaine is trafficked, this results in a life sentence. If someone dies as a result of this trafficking, including a natural but not inevitable death or a death induced or commanded, it is a capital felony. If more than 300 kilograms of cocaine were trafficked, which the individual knew would likely result in the death of any person, this is also a capital felony charge.

Opium and Opioid Trafficking Charges in Florida

Trafficking opium or opioids includes the trafficking of heroin, morphine, hydromorphone, and any salt, derivative, or isomer of any of those opioids or opium. Trafficking these controlled substances has the following penalties:

• Between four grams and 14 grams results in a minimum term of three years of imprisonment and a fine of $50,000.
• Between 14 grams and 28 grams, there is a mandatory minimum sentence of 15 years of imprisonment and a fine of $100,000.
• Between 28 and 30 grams of opium or opioids carries a minimum term of 25 years and a fine of $500,000.

Hydrocodone Trafficking Charges in Florida

Trafficking hydrocodone carries the following penalties after conviction:

• Between 28 and 50 grams of hydrocodone carries a mandatory term of three years and a fine of $50,000.
• Between 50 and 100 grams has a mandatory minimum sentence of seven years and a fine of $100,000.
• Between 100 and 300 grams carries a sentence of 15 years imprisonment and a fine of $500,000.
• Between 300 grams and 30 kilograms carries a mandatory imprisonment term of 25 years and a fine of $750,000.

Oxycodone Trafficking Charges in Florida

Trafficking oxycodone results in the following mandatory minimum sentencing and fines:

• Between seven grams and 14 grams of oxycodone carries a minimum sentence of three years and a fine of $50,000.
• Between 14 grams and 25 grams has a sentence of seven years and a fine of $100,000.
• Between 25 grams and 100 grams carries a minimum sentence of 15 years and a fine of $500,000.
• Between 100 grams and 30 kilograms has a minimum term of 25 years and a fine of $750,000.

Methamphetamine and Amphetamine Trafficking Charges in Florida

The penalties for trafficking methamphetamine or amphetamine include:

• Between 14 grams and 28 grams carries a mandatory minimum term of three years and a fine of $50,000.
• Between 28 grams and 200 grams results in a minimum imprisonment sentence of seven years and a fine of $100,000.
• Two hundred grams or more carries a minimum term of 15 years and a fine of $250,000.

GHB Trafficking Charges in Florida

The charges for trafficking GHB are based on the following amounts:

• Between one kilogram and five kilograms carries a minimum term of three years of imprisonment and a fine of $50,000.
• Between five kilograms and 10 kilograms of GHB carries a minimum term of seven years and a fine of $100,000.
• More than 10 kilograms results in a term of 15 years minimum and a fine of $250,000.

LSD Trafficking Charges in Florida

Trafficking LSD in Miami results in the following penalties:

• Between one gram and five grams carries a mandatory minimum term of three years and a fine of $50,000.
• Between five grams and seven grams carries a minimum sentence of seven years and a fine of $100,000.
• More than seven grams results in a term of 15 years and a fine of $500,000.

Phencyclidine Trafficking Charges in Florida

Charges for trafficking phencyclidine also include substituted phenylcyclohexylamine or a mixture described in the statute. These trafficking charges include:

• Between 28 grams and 200 grams results in a minimum term of three years and a fine of $50,000.
• Between 200 grams and 400 grams results in a term of seven years and a fine of $100,000.
• More than 400 grams results in a minimum sentence of 15 years and a fine of $250,000.

Methaqualone Trafficking Charges in Florida

This also includes trafficking any mixture that contains methaqualone. The penalties include:

• Between 200 grams and five kilograms carries a mandatory minimum sentence of three years and a fine of $50,000.
• Between five kilograms and 25 kilograms, there is a minimum term of seven years and a fine of $100,000.
• More than 25 kilograms carries a minimum term of 15 years and a fine of $250,000.

Other Factors Influencing Penalties

Aggravating factors can increase the penalties associated with these charges. Each of these trafficking charges includes a section for an excess level of trafficking that would likely lead to death, as well as a direct cause of death that resulted from trafficking. These are charged as capital felonies, typically with life imprisonment and sometimes with the maximum fines available.

Penalties also increase if the use of a firearm or deadly weapon was involved in the offense. Delivering these substances to a minor increases penalties, and charges can be more severe when the substance is made to look like a consumer product. Having a prior criminal history, including with prior drug convictions, will also result in more significant imprisonment and potential fines.

FAQs:

How Do I Get a Drug Trafficking Charge Dismissed in Florida?

You are most likely to get a drug trafficking charge dismissed in Florida with the help of an experienced drug defense attorney. The exact defense will depend on your situation and may include:

1. Evidence obtained through unlawful search and seizure
2. A valid prescription for the drugs
3. Improperly handled evidence in chain of custody
4. Trafficking due to duress or coercion
5. A lack of knowledge of the substance
6. A lack of intent to traffic the substance
7. Mistaken identity
8. Entrapment by law enforcement

What Is the Minimum Sentence for Drug Trafficking in Florida?

The minimum sentence for drug trafficking in Florida is typically a maximum imprisonment sentence of 30 years and a fine of up to $10,000. The majority of drug trafficking charges in Florida are charged as first-degree felonies, although there are some aggravating factors that increase the offense to a capital felony.

Capital felonies are typically charged when a person trafficked a significant amount of a substance and knows that death is a probable result of importing the drugs.

Can You Get Probation for Drug Trafficking in Florida?

While it is possible to get probation for drug trafficking in Florida, many trafficking charges have mandatory minimum sentences. A probation sentence would be served after that mandatory sentence, which cannot be avoided. Whether probation in place of a sentence is possible will depend on the type of substance you were convicted of trafficking and the amount of the substance involved in the offense. Your attorney can review the specifics of your case to determine if probation is likely.

Can a Drug Trafficking Charge Be Expunged in Florida?

No, a drug trafficking charge cannot be expunged in Florida. In order to be eligible for expungement, you must meet all the requirements. Florida lists drug trafficking as an ineligible charge for expungement. Once you are convicted, it remains on your criminal record.

However, some less serious non-violent drug offenses could be expunged, depending on your criminal record and other circumstances. Your defense attorney can help you review your options.