Fort Walton Beach Drug Trafficking Lawyer

Drug Trafficking Attorney in Fort Walton Beach, FL

With the push of “tough on drug crimes” policies in the United States, it’s becoming more common for accusations to be made in haste or for people suspected of being involved in drug offenses to be wrongly charged. If you’ve been arrested for drug trafficking in your home or after being stopped on Highway 98, you need a Fort Walton Beach drug trafficking lawyer who can evaluate your case and ensure your rights are upheld.

Hire a Drug Trafficking Lawyer

After being arrested for or charged with drug trafficking, you need to hire a drug trafficking lawyer experienced in defending drug trafficking cases. Since 2017, Jay Patel Law, P.A., has represented clients against drug crime allegations. As a former prosecutor and deputy sheriff, Attorney Jay Patel is familiar with the inner workings of drug trafficking laws and the Okaloosa County Courthouse.

Prevalence of Drug Trafficking in Florida

Florida considers any individual who knowingly sells, purchases, manufactures, delivers, or brings into the state any controlled substance to be engaging in drug trafficking. The severity of the punishment for drug trafficking depends on the type and quantity of the illicit substance.

Drug trafficking charges may be brought at both the state and federal levels, depending on specific state laws and the specific characteristics of the drug trafficking case. The United States Sentencing Commission examines federal crimes in all states. In 2023, federal data on drug trafficking in Florida showed the following trends:

• There were 912 total drug trafficking convictions
• 31.3% of all federal convictions in Florida involved drug trafficking
• 96.7% of defendants received prison-only sentences
• 2.0% of defendants received prison and alternative sentences
• 0.4% of defendants received probation and alternative sentences
• 0.9% of defendants received probation-only sentences

Necessary Elements of a Drug Trafficking Charge

For a drug trafficking charge to proceed in court, the prosecution must prove beyond a reasonable doubt that the case meets several necessary elements. A knowledgeable drug trafficking attorney can prepare counter-evidence to disprove these elements. The four necessary elements are:

1. Possession, either actual or constructive, of an illicit substance. Actual possession means the drugs are on your person. Constructive possession occurs when the drugs are nearby and accessible to you.
2. Knowledge that the drugs were present and that they were a controlled substance.
3. The intent to either sell, deliver, or manufacture a controlled substance. A large quantity of drugs can be considered as intent, as well as drug paraphernalia or large quantities of cash.
4. The quantity of the drug, or drugs, in your possession must meet a minimum threshold to be considered drug trafficking as opposed to personal use.

Common Drug Trafficking Defenses

Drug trafficking penalties are strict in Florida and carry lengthy mandatory minimum sentences. A skilled drug trafficking attorney in Fort Walton Beach can review the circumstances of your case, devise an optimal defense, and ensure your rights are maintained. You have the right to:

• Remain silent
• Hire an criminal defense attorney
• Know the charges and why they have been brought against you
• A jury trial
• Protection against unlawful searches and seizures

When exercising your rights, it is most beneficial to do so in a respectful manner while being firm. Building a solid defense is always easier if you remain polite toward law enforcement and prosecutors. Commonly argued drug trafficking defenses include:

• Duress or coercion
• Entrapment
• Issues with the chain of custody
• Lack of intent
• Lack of probable cause
• Medical need for the substance in question
• Mistaken identity
• Unlawful search and seizure

FAQs

Can I Get a Plea Agreement for Drug Trafficking Charges in Florida?

It may be possible to get a plea agreement for drug trafficking, although Florida is strict when it comes to these charges. For first-time offenders, a prosecutor may be willing to reduce the charges, offer diversion programs, or offer a sentence reduction in exchange for information. A plea agreement is more likely if you were unaware you had the drugs, you played only a minor role in the operation, or you have been cooperative with law enforcement.

How Do You Win a Drug Trafficking Case in Fort Walton Beach?

To win a drug trafficking case, you should hire an experienced Fort Walton Beach drug trafficking attorney to advocate for your rights and interests during negotiations, plea bargaining, and at trial if necessary. Having a strong legal defense backed by facts and evidence can support claims that the drug trafficking allegations are false or explain why you should be charged with a lesser crime.

What Is Sentencing Entrapment in a Drug Trafficking Case?

Sentencing entrapment is a potentially illegal method law enforcement agents use to buy large enough quantities of drugs so that the seller can be charged with trafficking. In this situation, the original sale was for an amount that would not qualify as trafficking, but the undercover agent asks for a larger amount. If the seller has to acquire more product to reach the amount, they may have a sentencing entrapment defense, as they originally only planned to sell the lesser amount.

What Is the Minimum Sentence for Drug Trafficking in Florida?

The minimum sentence for drug trafficking in Florida is largely dependent on the drug in question, the total quantity of that drug, and whether multiple drugs were involved. Florida Statute 893.135 describes mandatory minimum sentencing and fines for various types and quantities of drugs. Lower amounts result in lower minimum sentences. Generally, minimum sentences range from 3 to 25 years.

What Is a Proffer in a Drug Trafficking Case in Florida?

A proffer is an agreement between the defendant and the prosecution in which the defendant offers information to the prosecution in exchange for a reduced sentence. You may be able to proffer information about your drug dependency to demonstrate that you were not intending to traffic the drugs in your possession, but instead planned to use them. If you have information about local drug dealers, you may be able to proffer information as a confidential informant.

Contact Jay Patel Law, P.A.

The sooner you can start mounting an effective defense, the more likely you are to minimize the potential consequences of a drug trafficking charge. Penalties can be steep, so having a skilled Fort Walton Beach drug trafficking attorney to represent your rights and interests is essential. Contact Jay Patel Law, P.A., now to schedule your confidential consultation.