Each year, thousands of people are arrested throughout Florida for drug trafficking offenses. Drug trafficking offenses carry some of the most serious consequences of all drug trafficking charges. If you have been accused of drug trafficking in Key West, a drug case lawyer can help you understand your legal options and tell you about the services they may be able to provide to defend yourself against the charges.
Types of Drug Trafficking Offenses
Drug trafficking in Florida is defined as knowingly selling, manufacturing, purchasing, possessing, transporting, or delivering more than a certain amount of narcotic drugs. Unlike distribution charges that rely on the movement of the drugs, drug trafficking charges are determined by the type of drug and the weight of the drug involved. Drug trafficking charges involve Schedule I or Schedule II controlled substances. Some of the types of drugs that can be the subject of drug trafficking charges are:
- Marijuana
- Cocaine
- Fentanyl
- Hydrocodone
- Oxycodone
- Heroin
- Methamphetamine
There are several types of drug trafficking offenses. The three most common ones are:
- Possession with the intent to distribute
- Manufacture or cultivation of controlled substances
- Importing and exporting controlled substances
Severity of Drug Trafficking Offenses
Several factors can impact the severity of drug trafficking charges, including the quantity and type of drugs involved. For example, to be charged with drug trafficking involving marijuana, the defendant would have to be suspected of having knowingly possessed, cultivated, sold, transported, or delivered a minimum of 25 pounds of the drug. Being convicted of possessing this amount of drugs carries a mandatory minimum sentence of 3 years in prison and a $25,000 fine. However, if the defendant was convicted of possessing at least 2,000 pounds of marijuana, they face a mandatory minimum sentence of 7 years in prison and a $50,000 fine. Possessing 10,000 pounds or more will increase the mandatory minimum sentence to 15 years in prison and a $200,000 fine. Each Schedule I or Schedule II drug that is the subject of a drug trafficking case in Florida carries a mandatory minimum penalty based on type and amount.
A defendant’s prior criminal history also plays a role in shaping the penalties they face upon conviction. While first-time offenders are still subject to the mandatory minimum sentencing for the crime upon conviction, there is some leeway within the law for defendants who don’t have a previous record of pleading to lesser charges for a lighter penalty in some cases. In contrast, repeat offenders are likely to be held to harsher consequences. Another factor that can impact the amount of prison time a person will be sentenced to for a drug trafficking offense is the presence of aggravating circumstances, such as trafficking drugs near a school, while on parole, or as part of gang-related activity.
In addition to prison time, those convicted of drug trafficking offenses also face financial consequences in the form of fines, court costs, and even restitution. They also face the potential of asset forfeiture for items used for or obtained due to the trafficking, such as cash, vehicles, or real estate.
Steps to Take if Facing Drug Trafficking Charges
If you’ve been charged with a drug trafficking offense, there are several actions you can take to begin defending yourself against the charge, including:
- Exercising your right to remain silent to avoid making self-incriminating statements to investigators.
- Seeking legal representation immediately from the Key West legal team at The Law Offices of Richard Wunsch.
- Collaborating with your attorney to build a strong defense strategy.
- Gaining an understanding of the legal process and court proceedings.
- Consider your legal options, including a plea bargain.
The Law Offices of Richard Wunsch: Your Advocate in Drug Trafficking Cases
Being convicted of a drug trafficking offense in Key West carries severe, life-altering penalties. Let an experienced drug offense lawyer help you protect your freedom and finances. Contact The Law Offices of Richard Wunsch for a consultation today.
Image Source: FabrikaSimf/Shutterstock