Facing drug trafficking charges in Lakeland, FL, can be an overwhelming and life-altering experience. The state enforces some of the toughest drug laws in the country, with severe penalties that include lengthy prison sentences and a permanent criminal record. A conviction can impact your personal relationships, employment opportunities, and future prospects.
If you or a loved one has been arrested or is under investigation for drug trafficking in Lakeland, Florida, it’s crucial to act quickly and secure experienced legal representation. A knowledgeable Lakeland criminal defense lawyer can make a significant difference in the outcome of your case. Contact Thomas C. Grajek, Attorney At Law, or call us at (863) 688-4606 to schedule a free consultation with a Lakeland drug trafficking defense lawyer.
How Thomas C. Grajek, Attorney At Law, Can Help If You’re Arrested
Drug trafficking cases in Lakeland, FL, are complex and require a deep understanding of both state and federal laws. Our experienced attorneys can help you with your case in the following ways:
- Examine all aspects of the arrest, including how evidence was obtained and whether your rights were violated during the search and seizure process.
- Question the validity and admissibility of the prosecution’s evidence, seeking to have unlawfully obtained evidence suppressed.
- Work toward reducing charges or penalties or seeking alternative sentencing options such as rehabilitation programs.
- Advocate on your behalf during court proceedings, presenting a compelling case to the judge and jury.
For help with a drug trafficking charge in Lakeland, Florida, we’re here to help. Contact Thomas C. Grajek, Attorney At Law, to schedule a free consultation with a Lakeland criminal defense attorney.
Overview of Drug Trafficking in Florida
In Florida, drug trafficking isn’t limited to activities like selling, manufacturing, or transporting illegal drugs. Simply having a large enough quantity of a controlled substance can lead to trafficking charges, even if you never planned to sell it to anyone else.
Drug Amounts
Under Florida Statutes 893.135, possessing certain amounts of specific drugs automatically results in trafficking charges. The required amounts vary based on the drug’s classification (Schedule I drugs are considered the most dangerous). Below are some examples of what this looks like in practice:
- Marijuana: More than 25 pounds or at least 300 cannabis plants
- Cocaine: 28 grams or more
- Amphetamines or Methamphetamine: 14 grams or more
- Oxycodone: 7 grams or more
- Morphine, Opium, Heroin: 4 grams or more
- LSD: 1 gram or more
If you’re found with amounts meeting these thresholds, the law elevates your charge to trafficking automatically, regardless of your intentions. Even if the drugs are mixed with other substances, possessing a mixture that meets these weight criteria can lead to trafficking charges.
Proving Intent in Trafficking Cases
If the authorities can demonstrate that you intended to sell or distribute smaller quantities than those listed, you might still face trafficking charges. Proving intent often depends on factors such as:
- Packaging: Drugs divided into small, sellable amounts
- Paraphernalia: Possession of scales, baggies, or other distribution tools
- Communication: Texts, emails, or recordings indicating drug sales
- Past Offenses: Previous charges or convictions related to drug distribution
Understanding these laws is crucial because the penalties for drug trafficking in Florida are severe, and charges can be based solely on the amount of the substance in your possession, not just your actions or intentions.
What Are the Penalties For Drug Trafficking in Lakeland, Florida?
Drug trafficking is considered one of the most serious drug offenses in Lakeland, Florida, carrying harsh penalties that can significantly impact your life. Under Florida law, all drug trafficking charges are classified as first-degree felonies, with mandatory minimum sentences and substantial fines. If convicted, you face:
- Mandatory Minimum Prison Sentences: Starting at 3 years
- Fines: Ranging from $25,000 to $50,000, depending on the type and amount of the controlled substance involved.
The severity of penalties increases with the quantity of the drug possessed or distributed. For example, for 200 grams or more of cocaine, you face a mandatory 7 years in prison and a fine of $100,000. If you possess 400 grams or more of cocaine, you face a mandatory 15 years in prison and a fine of $250,000. Possession of 150 kilograms or more of cocaine leads to a life sentence without the possibility of parole and a fine of $250,000.
Similar increases in penalties apply to other controlled substances, with mandatory minimum sentences and fines increasing as the amount exceeds certain thresholds defined under Florida law.
What Defenses Can Be Raised If I’m Arrested For Drug Trafficking?
Facing drug trafficking charges in Lakeland is a serious matter, but being detained and arrested does not guarantee a conviction. There are several defenses that can be raised to challenge the charges against you. An experienced attorney can assess your case and determine the best strategy. Below are common defenses used in drug trafficking cases:
Unlawful Search and Seizure
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. If law enforcement officers conducted a search of your person, vehicle, or property without a valid warrant, probable cause, or your consent, any evidence obtained may be inadmissible in court. If the court agrees that your rights were violated and the evidence is suppressed, this may lead to a reduction or dismissal of charges.
Lack of Knowledge or Intent
Drug trafficking charges hinge on the defendant knowingly possessing illegal substances. If you were unaware of the presence of drugs, this defense challenges a key element of the prosecution’s case. For example, you could use this defense if someone else placed drugs in your vehicle without your knowledge.
Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If officers or informants pressured you into trafficking drugs, this defense argues that you were unfairly persuaded to engage in illegal activity. This is a difficult defense to prove, but it can be effective in certain cases.
Insufficient Evidence
The prosecution must prove each element of the crime beyond a reasonable doubt. If the evidence against you is weak, circumstantial, or improperly obtained, it may not meet this standard. Highlighting gaps or inconsistencies can create reasonable doubt, which can lead to an acquittal.
Violation of Miranda Rights
If law enforcement officers failed to read you your Miranda rights upon arrest, any statements or confessions you made may be inadmissible in court. The Miranda warning informs you of your right to remain silent and your right to an attorney. If you were interrogated without your rights being read to you and that interrogation led to the discovery of actual evidence, this evidence could be excluded as well.
Mistaken Identity
Mistaken identity can occur, especially in situations involving undercover operations or surveillance. If you were incorrectly identified as the person involved in drug trafficking, you could assert that you were not the individual who committed the crime. This defense is beneficial when there is little physical evidence linking you to the offense or if eyewitness accounts are unreliable. Providing an alibi or other evidence demonstrating you were elsewhere at the time can strengthen this defense.
Lack of Possession
You can argue that the drugs in question were not in your possession. Possession can be actual or constructive, but if you had no control over or knowledge of the drugs, this defense might apply. For instance, if drugs were found in a shared space or hidden in a vehicle you were borrowing, you might not be held responsible if you genuinely did not know they were there.
Being arrested for drug trafficking in Lakeland is a serious matter, but several legal defenses might be available to you.
Facing drug trafficking charges in Lakeland, Florida, is an overwhelming situation to find yourself in. However, it’s important to remember that an arrest does not mean you are guilty and won’t necessarily lead to a conviction. You have rights and legal options. By understanding the potential defenses available and working with an experienced drug trafficking defense attorney, you can challenge the charges against you. For help, contact Thomas C. Grajek, Attorney At Law, to schedule a free consultation with a Lakeland drug trafficking defense lawyer.