Harsh Penalties Demand Aggressive Legal Defense—We Fight for Reduced Charges, Dismissals, and Your Future
As a Florida Drug Trafficking Defense Attorney, I know that a trafficking arrest is not just another drug charge—it’s the kind of accusation that can derail your entire life. Drug trafficking cases carry mandatory prison terms, massive fines, and lifelong consequences. But just because you're facing a serious charge doesn't mean the government has a solid case. I’ve represented individuals across the state accused of trafficking everything from fentanyl to marijuana, and I've successfully exposed weaknesses in prosecution cases that led to reduced charges and even dismissals.
If you're accused of drug trafficking in Florida, you need to understand what’s at stake, what the law actually says, and how a private attorney can challenge the prosecution from every angle.
What Florida Law Says About Drug Trafficking
Florida’s drug trafficking laws are among the toughest in the country. Under Florida Statutes §893.135, drug trafficking doesn’t always mean transporting drugs across borders—it can be as simple as possessing a certain weight of controlled substances.
Here’s what the statute says:
Florida Statutes §893.135(1):
“Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, a controlled substance in a quantity specified… commits a felony of the first degree…”
The exact penalties depend on the drug and weight involved:
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Cannabis: 25 lbs or more = trafficking
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25–2,000 lbs: 3-year minimum mandatory
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2,000–10,000 lbs: 7-year minimum mandatory
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10,000+ lbs: 15-year minimum mandatory
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Cocaine: 28 grams or more
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28–200g: 3-year minimum
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200–400g: 7-year minimum
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400g–150kg: 15-year minimum
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Fentanyl: 4 grams or more
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4–14g: 3-year minimum
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14–28g: 15-year minimum
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28g+: 25-year minimum
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Oxycodone: 7 grams or more = trafficking
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Methamphetamine: 14 grams or more = trafficking
In many cases, you could be facing decades in prison based solely on weight—even if there’s no evidence of actual sale or movement. That’s why defending these charges aggressively is essential.
The Power of a Private Attorney in Drug Trafficking Cases
When I take on a trafficking case, my job is to poke holes in the prosecution’s theory—because no matter how serious the accusation, the burden of proof is still on the government. I’m not just looking to plea bargain; I’m looking to destroy the assumptions that got you arrested in the first place.
I examine every element:
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Did law enforcement conduct an illegal search?
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Was the traffic stop valid?
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Were you actually in possession?
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Did they use a confidential informant without proper vetting?
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Was lab testing done correctly?
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Did they miscalculate drug weights?
This level of scrutiny is rarely provided by a public defender or court-appointed attorney. I invest the time and resources to break down the state’s case and show the court where it falls apart.
Real Case Example: Fentanyl Trafficking Charge Dismissed
One of my clients was charged with trafficking more than 14 grams of fentanyl—enough to trigger a 15-year minimum sentence. Law enforcement executed a search warrant at a house my client had visited, but didn’t live in. The drugs were found in a back bedroom, and there were multiple people on the scene.
The prosecution charged my client under constructive possession, assuming he had control over the drugs because he had visited the home. We filed a motion to suppress based on the flawed search warrant and challenged the constructive possession claim.
We argued:
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My client had no property interest or control over the location.
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No drugs were found on his person.
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No fingerprints or DNA linked him to the packaging.
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The warrant affidavit was riddled with inaccuracies.
The judge granted our motion to suppress the evidence, and the State Attorney’s Office dropped the charges. That man walked out of court free, avoiding a 15-year minimum sentence and a felony conviction.
Defenses We Use in Florida Drug Trafficking Cases
Here are some of the most common and effective defenses we use in these cases:
Illegal Search and Seizure
Under the Fourth Amendment and Article I, Section 12 of the Florida Constitution, you have the right to be free from unlawful searches. If police didn't have probable cause or violated warrant procedures, any evidence they collected may be thrown out.
Lack of Knowledge
The prosecution must prove you knew the substance was present and illegal. If someone else placed drugs in your vehicle or bag without your knowledge, that can raise reasonable doubt.
Constructive Possession Challenges
Just being near drugs is not enough. The prosecution must show dominion and control. If they can’t tie you directly to the drugs, they can’t prove possession.
Weight Miscalculations
Many drug trafficking charges rely on lab tests to determine the weight of the drug. If the weight includes packaging or if the sample wasn’t tested correctly, we can challenge the lab results.
Entrapment
If law enforcement coerced you into committing a crime you wouldn’t otherwise commit, you may have an entrapment defense under Florida Statutes §777.201.
Chain of Custody Issues
Every piece of evidence must have a clear, documented path from seizure to courtroom. If we can prove that chain was broken or tampered with, the evidence may become inadmissible.
Penalties and Collateral Consequences
Florida drug trafficking charges are not just about prison time. If convicted, you may also face:
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$25,000 to $500,000 in fines
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Felony criminal record
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Driver’s license suspension
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Loss of professional licenses
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Immigration consequences, including deportation
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Loss of child custody or visitation rights
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Seizure of property under civil asset forfeiture
But penalties are not always set in stone. With the right legal strategy, I’ve helped clients reduce trafficking charges to possession or even avoid conviction entirely.
Early Intervention Can Change the Outcome
If you’ve been arrested or suspect you're under investigation, don’t wait. Prosecutors begin building their case from the moment you’re arrested—or sometimes before. If you hire me early enough, I can intervene before charges are even filed.
I work directly with the State Attorney’s Office to present evidence in your favor, challenge unreliable witnesses, and explain why formal charges should not be pursued. In some cases, early representation has resulted in pre-charge diversion or full case closure.
Why Choose a Private Florida Drug Trafficking Defense Attorney?
A private attorney can give your case the time, resources, and strategy it deserves. Unlike an overburdened public defender, I can:
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Hire independent lab experts
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Challenge forensic analysis
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File aggressive pretrial motions
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Conduct private investigations
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Fight for bond modifications
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Seek downward departure sentencing
This is your life. Don’t settle for anything less than a defense tailored to your future.
Florida Drug Trafficking Defense FAQs
What’s the difference between trafficking and possession in Florida?
Trafficking is based on weight, not intent to sell. You can be charged with trafficking even if the drugs were for personal use if the amount meets the statutory threshold. Possession charges don’t carry mandatory minimums like trafficking charges do.
Can I be charged with trafficking if I never sold anything?
Yes. Florida law only requires possession of a certain amount. Sale or distribution is not necessary for a trafficking charge. That’s why it’s crucial to examine how the drugs were found and whether the weight was accurately calculated.
How do police determine the weight of the drugs?
Law enforcement typically sends the seized substance to a lab for chemical testing and weight measurement. However, mistakes are common. Sometimes packaging is weighed, or substances are misidentified. A private attorney can bring in independent labs to review the evidence.
What is constructive possession?
Constructive possession means the drugs were not on your person, but prosecutors claim you had control over them. For example, if drugs are in a car you’re driving but not owned by you, they may argue constructive possession. We can challenge that if the link is weak.
Can I get probation instead of prison for trafficking?
Not usually. Florida’s trafficking laws have mandatory minimum sentences. However, if we get the charge reduced to simple possession or another lesser charge, probation may become an option.
What is a downward departure sentence?
Under certain conditions, a judge can sentence you below the mandatory minimum. This typically requires exceptional circumstances, such as cooperation or a substance abuse problem. We can present these arguments during sentencing.
Does Florida offer drug court for trafficking cases?
Generally, no. Drug court is available for non-violent, low-level offenders. Trafficking is considered a serious felony, but in some cases, we can negotiate a plea that allows for drug court or another diversion program.
What happens if I’m convicted of trafficking and I’m not a U.S. citizen?
Drug trafficking is a deportable offense. ICE will be notified after sentencing. If you're not a U.S. citizen, it’s even more important to hire a private attorney with experience defending non-citizen clients.
Can the state seize my property if I’m charged with trafficking?
Yes. Under Florida’s civil asset forfeiture laws, the state can seize vehicles, cash, and property believed to be connected to drug trafficking—even without a conviction. We fight those forfeiture actions alongside the criminal case.
Should I talk to police if I’m under investigation?
No. Never speak to law enforcement without your attorney. Anything you say can and will be used against you. I’ve had clients talk themselves into arrests that could’ve been avoided.
Call Our Florida Drug Trafficking Defense Attorney Team Today
If you're facing a drug trafficking charge, you need someone in your corner immediately. These cases carry life-changing consequences, but we’ve helped hundreds of people walk away from mandatory sentences by attacking weak evidence and pushing for dismissals or reductions.
We have over 30 offices statewide, and we handle drug trafficking defense in every Florida county. Whether you’re in Jacksonville, Tampa, Miami, or the Panhandle, we’re ready to help.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.