Explaining Florida Drug Trafficking
Drug trafficking is arguably the most serious drug offense one may commit, and if convicted, the penalties are harsh – in rare cases, the death penalty may even be on the proverbial table. The offense usually involves transporting large amounts of controlled substances, often – though not always – across state lines. However, it is not uncommon in Florida to find people convicted of drug trafficking who merely have a few more pills than they are permitted to possess. If you have been charged with drug trafficking in Florida, it is absolutely crucial to enlist an attorney to help you as quickly as possible.
All About Weight
The difference between drug possession and drug trafficking is one of degree – a possession charge usually involves a small amount of a controlled substance, almost certainly for personal use, while a trafficking charge occurs when a person is found with an amount that no one individual could consume by themselves. Sometimes, a trafficking charge will also be brought against a person based on the nature of the substance, though this is less common.
What this means, however, is that no intent to sell or distribute drugs to anyone else is required in order to be convicted of drug trafficking. If you possess enough of a substance, Florida’s legal system simply presumes that you are intending to eventually get rid of it via sale or other distribution. In addition, drug trafficking is one of the offenses in Florida that still requires a mandatory minimum sentence, meaning that for the first few years, there is no early release if convicted.
Sowing Reasonable Doubt
If you have been charged with drug trafficking, it is easy to simply react with shock – but these charges are very serious, and need to be taken that way. An experienced attorney can make all the difference between innocence and guilt, because they know the small tricks and details that may escape a defendant otherwise. For example, if a person is charged with trafficking based on the weight of a mixture of substances, an attorney may challenge the reading to ensure that it was not simply a mistake.
In the end, though, every trafficking case boils down to what the state must establish beyond a reasonable doubt, and what doubt a defense attorney may sow. The state must prove that the defendant had knowledge of the presence, nature, and weight of the substance, and that they ‘exercised control’ over the substance by either selling, manufacturing, distributing, or other actions in that vein. If a defense attorney can sow reasonable doubt, the state’s case collapses.
Contact A West Palm Beach Drug Trafficking Attorney
The average person may be secure in the knowledge that they would never knowingly traffic drugs in Florida, but it is still a good idea to be aware of the offense – particularly since intent is irrelevant in these trials. A West Palm Beach drug trafficking attorney from Perlet & Shiner, P.A. will help you work toward the fairest possible outcome if you have been charged with this offense. Call our office today to speak to an attorney.
