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Drug Trafficking Attorney In Miami, FL
A criminal charge of drug trafficking is often added to a charge of drug possession. Many criminal defendants do not understand how they can be accused of drug trafficking when the amount of illegal substances in question is relatively minor. If you face these serious charges, you need a Miami drug trafficking lawyer to protect your interests.
A drug trafficking charge does not only apply to big-time drug dealers. A prosecutor can — and will — add a drug trafficking charge to a possession charge if any evidence suggests that the drugs were for sale and not for personal use.
Conviction for drug trafficking carries a mandatory minimum prison sentence. If you are convicted of a drug trafficking charge in state or federal court, you will receive a prison sentence. This is true no matter what the controlled substance is. It may be marijuana, methamphetamines, pharmaceuticals, or any other illegal drug.
Drug Trafficking Attorney In Miami, FL
An experienced and aggressive Miami drug trafficking lawyer can investigate the circumstances of your arrest and work on building a successful defense or a plea bargain for a lesser charge that does not carry a minimum prison sentence. We can begin our legal guidance from the moment you believe you are being investigated for these offenses.
Since 1999, the Law Office of Ramon de la Cabada has successfully defended clients accused of drug trafficking and related drug offenses. Miami criminal defense attorney Ramon de la Cabada, has over 34 years’ legal experience handling all types of drug crimes. He is fluent in Spanish, and his experience is in both state and federal courts, including the Miami-Dade Circuit and County Criminal Courts. He has an exceptional reputation among his peers.
Mr. de la Cabada began his legal career as a prosecutor for the state of Florida. This is where he handled hundreds of criminal prosecutions, including drug trafficking prosecutions. Our firm has a deep understanding of each side of a criminal justice case, and can use that information to your benefit.
We Believe in Early Intervention
Do not wait until your first court date to hire a defense lawyer. Early intervention and investigation by your Miami drug trafficking attorney can have a huge impact on the outcome of your case. Our firm offers free consultations, and Mr. de la Cabada will personally respond to calls for initial consultations. He can explain in a consultation how he will research and investigate your case.
The sooner you hire a defense lawyer to defend against the drug trafficking charge, the more time your lawyer will have to investigate the circumstances of your arrest and build a strong defense.
What Is Drug Trafficking in Miami?
Drug trafficking charges do not only apply to major drug dealers. In Florida, drug trafficking laws are based entirely on how much of a controlled substance is involved in the offense. If you are in possession of a controlled substance, you could be charged with possession. If the amount is over the threshold for that substance, then you can be charged with trafficking.
Under Florida Statute 893.135, trafficking charges can apply if you knowingly sell, purchase, manufacture, deliver, or possess certain substances in certain amounts. This includes:
- Over 25 pounds of cannabis
- 300 or more cannabis plants
- Four grams or more of opium, morphine, or hydromorphone
- 28 grams or more of hydrocodone
- Seven grams or more of oxycodone
- Four grams or more of fentanyl, fentanyl derivatives, or controlled substance analogs
- 14 grams or more of amphetamine or methamphetamine
- One gram or more of lysergic acid diethylamide
Depending on the substance, a mixture’s full weight can be counted towards the weight of the controlled substance. If there are multiple mixtures with a substance, this can also count towards the total weight. This can make seemingly small amounts of a substance become part of a trafficking offense.
Possession can be either actual or constructive. Actual possession refers to when you have direct control over a substance, such as it being on your person. Constructive possession means you have control over where the controlled substance was, such as it being in your vehicle or your home. Constructive possession claims can be complicated when multiple people have access to a home or vehicle. Contact a Miami drug possession lawyer to learn more.
Drug Offenses in Miami and Their Consequences
In Miami-Dade County in 2021, there were nearly 7,000 drug-related arrests. In the state of Florida, there were over 78,400 drug arrests. An arrest does not always lead to a conviction, but it’s crucial to take steps to protect your interests. You may not even be facing charges, but suspect you are being investigated. It’s crucial not to wait to get the legal support you need. Conviction of drug trafficking can have serious consequences on your life, including:
- Potential for mandatory minimum sentences for years of imprisonment
- Significant fines
- Other sentencing requirements, like probation and mandatory programs
- Potential driver’s license suspension
- Immigration consequences
- Loss of certain rights due to a felony conviction
- Having a criminal record for the rest of your life
In the fiscal year 2023, 31.6% of the individuals sentenced in Florida were sentenced for drug offenses, according to the U.S. Sentencing Commission. If you are convicted and sentenced, your criminal record can have collateral consequences on many aspects of your life, including your housing and education opportunities, your employment, and your professional licenses.
There are options to defend against drug charges, including drug trafficking charges. It’s crucial that you work with a team that knows how to assess the amount of substances involved, the existence of actual or constructive possession, and other facts about your case. This could help reduce penalties or avoid conviction.
At the Law Office of Ramon de la Cabada, we can help you assess subpoenas and responses, potential investigations, and other issues you may be dealing with prior to an arrest. We take action quickly to help minimize the impact these potential charges can have. Our firm is exceptionally skilled at dealing with investigations early in the process of a criminal case.
FAQs
What Is the Minimum Sentence for Drug Trafficking in Florida?
The minimum sentence for drug trafficking in Florida depends on factors like the type of substance involved in the offense and how much of that substance was involved. It also relies on whether anyone was killed because of the distribution of the controlled substance. The mandatory minimum ranges from three years to 25 years of imprisonment, to as serious as a capital felony, depending on these factors.
What Evidence Is Needed for Drug Trafficking?
The evidence needed for drug trafficking depends on the case, but prosecutors can charge you with trafficking if there is a significant amount of controlled substances involved in the offense. In some cases, additional evidence of intent to distribute is not required.
In Florida, prosecutors only have to prove possession of a significant amount of drugs. Under federal law, there may be additional requirements, such as proving intent to sell. A Miami federal criminal defense attorney can help you understand your charges.
What Amount of Drugs Does It Take to Be Considered Trafficking?
The amount of drugs in an offense can impact whether it is charged as possession or trafficking, but the exact amount depends on the offense. In Florida, trafficking can be charged for over 25 pounds of cannabis, four grams of morphine or opium, 14 grams of methamphetamine, 28 grams of hydrocodone, or one gram of lysergic acid diethylamide. The amounts can be different if the offense is charged at the federal level.
Why Is It Important to Hire a Drug Trafficking Lawyer?
It’s important to hire a drug trafficking lawyer because these charges can impact your freedom, your finances, and your future. A lawyer is your most likely way to minimize the penalties you face or avoid conviction.
When you are criminally charged, you have the right to legal defense, and you need to take advantage of that. A drug trafficking lawyer can assess your case and help you build the right defense, whether you are being investigated or have been charged.
Urgent Calls Returned 24 Hours Daily ∙ Free Initial Consultations
At the Law Office of Ramon de la Cabada, P.A., we urge you to seek legal advice as soon as possible after an arrest in Miami — or at the first sign that you are a witness in or subject of a criminal investigation. You have the right to legal support, and you should protect your future with a strong defense.
Contact us via our contact page or call our law office at 305-443-7100.
