What Makes a Drug Crime a Federal Offense in Florida?

Arrested In Florida For Federal Drug Conspiracy? We Defend Your Future

If you or someone you love has been arrested in Florida for a federal drug conspiracy charge, you are facing some of the most aggressive and high-stakes prosecution in the criminal justice system. These charges are different from a typical state-level drug offense. The U.S. government has vast resources, and they will not hesitate to use wiretaps, confidential informants, and federal sentencing enhancements to try to lock you up for decades — even if no drugs were ever recovered. At Musca Law, we fight back.

We are Florida federal drug conspiracy defense lawyers who understand how conspiracy cases are built and — more importantly — how they fall apart. We represent clients throughout Florida charged under 21 U.S.C. § 846 and related statutes. Whether your case stems from a DEA raid in Miami, a federal wiretap operation in Tampa, or a sweep tied to Jacksonville ports or Orlando highways, we know the federal process, the local U.S. Attorney offices, and the defenses that win.

What Is A Federal Drug Conspiracy Under 21 U.S.C. § 846?

Federal drug conspiracy charges are prosecuted under Title 21 U.S. Code § 846. This statute makes it a federal crime to agree with one or more people to commit a drug offense under the federal Controlled Substances Act.

Here’s What the Statute Says:

21 U.S.C. § 846 – Attempt and conspiracy

"Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy."

What That Means in Plain English:

If two or more people agree to break federal drug laws — for example, to distribute fentanyl, traffic cocaine, manufacture methamphetamine, or move marijuana across state lines — each of them can be charged with conspiracy. Even if no drugs are ever seized, and even if the plan never moves forward, the federal government can charge the individuals with the same penalties as if they had completed the drug crime itself.

Common Federal Drug Conspiracy Charges In Florida

Federal drug conspiracy cases often involve:

• Fentanyl trafficking conspiracy

• Cocaine distribution conspiracy

• Heroin trafficking conspiracy

• Methamphetamine manufacturing conspiracy

• Oxycodone or hydrocodone (opioid) prescription conspiracy

• Marijuana distribution conspiracy across state lines

• Conspiracy involving “pill mills” or pharmacy fraud

Even if you're only accused of a minor role in the conspiracy — like acting as a middleman or driver — you can still face the full weight of federal sentencing guidelines if you don’t fight back with an experienced defense.

Real Case Example: Accused In A Federal Conspiracy With No Drugs Seized

Our firm recently represented a client in Fort Lauderdale who was arrested after a joint DEA and Broward Sheriff’s Office investigation into an alleged heroin and fentanyl ring. The indictment listed our client as a "runner" based on a series of phone calls with a co-defendant. No drugs were seized from our client. No sales were witnessed.

We filed a motion to dismiss based on lack of overt acts, and challenged the use of vague language in the indictment. We also subpoenaed jail calls and exposed that a cooperating witness had fabricated key portions of the alleged conspiracy timeline.

Result: Charges dropped against our client after co-defendant’s testimony fell apart under cross-examination.

Penalties For Federal Drug Conspiracy Convictions In Florida

Under 21 U.S.C. § 846, the punishment for a conspiracy conviction is the same as for the completed offense. This means if you're accused of conspiring to distribute a certain quantity of narcotics, you're facing mandatory minimums under federal law.

Common Sentencing Ranges:

Even smaller amounts can trigger 20-year penalties if there’s a death or serious injury involved, or if firearms were found in connection with the conspiracy.

You can also face:

• Federal sentencing enhancements

• Asset forfeiture

• Career offender status

• Loss of immigration status (for non-citizens)

Why You Need Our Florida Federal Drug Conspiracy Defense Lawyers

We don’t treat your case like a public defender would. We know that in federal court, there are no second chances unless your attorney is proactive from day one. At Musca Law:

• We challenge indictments before trial.

• We attack wiretap warrants, informant credibility, and flawed DEA investigations.

• We negotiate downward variances in sentencing based on your role, history, or cooperation.

• We fight for your rights at detention hearings, discovery hearings, suppression hearings, and jury trials.

Federal conspiracy charges are extremely complex. Don’t face them alone.

Florida Federal Drug Conspiracy Case FAQs

What If I Never Touched Any Drugs But I’m Still Charged?

You can still be charged — and convicted — even if you never physically possessed any narcotics. The law only requires that you knowingly agreed to participate in the conspiracy and that one person took a step in furtherance of it (such as making a phone call, renting a car, or accepting payment). The government doesn’t need to prove that drugs ever changed hands.

If your name is mentioned in a wiretap, or if an informant names you in their statement, prosecutors may try to rope you into a larger case. That’s why it’s critical to fight conspiracy charges aggressively at the earliest stage.

Can I Be Convicted If The Main Defendant Pleads Guilty?

Yes. Federal prosecutors often “flip” one or more co-defendants in a drug conspiracy to testify against the others. A cooperating witness can tell the jury that you agreed to participate, moved drugs, or were present during planning. That can be enough to convict, especially if supported by text messages, financial records, or surveillance.

However, our firm has extensive experience cross-examining snitches, exposing their motives, and showing juries that their stories don’t add up. We also file motions to sever your case if your co-defendant’s guilty plea would unfairly prejudice you.

Can I Be Sentenced to 10+ Years Even If I Played A Small Role?

Yes — but we fight to prevent that. Under the federal sentencing guidelines, your sentence can be enhanced based on the quantity of drugs, your role in the offense, and any aggravating factors (weapons, leadership, etc.). But the law also allows for mitigating factors.

We often argue that our client:

• Was a minor participant

• Had no criminal record

• Acted under duress or coercion

• Had limited knowledge of the full scope of the conspiracy

We use these arguments to negotiate a lower sentencing range or argue for a downward departure at sentencing.

What Is a "Pinkerton Liability"?

This is a legal doctrine that allows prosecutors to hold you responsible for the foreseeable actions of your co-conspirators. For example, if you were part of a conspiracy and someone else in the group carried a gun or caused an overdose death, the government may try to pin that on you too — even if you weren’t present.

We aggressively challenge Pinkerton enhancements and sentencing guideline increases based on this theory. It’s a powerful weapon the government uses, and we know how to dismantle it.

What If I Was Caught On A Wiretap?

Wiretaps are a cornerstone of many federal conspiracy cases in Florida. If you were caught on a phone line discussing drugs or logistics, the government will try to use that as evidence of your role in the conspiracy.

But federal wiretaps are highly regulated and must meet strict standards under Title III. If we can show that the wiretap was obtained illegally, or that your voice wasn’t properly identified, we may be able to suppress that evidence entirely.

Will I Be Held In Custody While Awaiting Trial?

Federal conspiracy defendants are often denied bond, especially if the government claims you are a flight risk or danger to the community. But you still have the right to a detention hearing where we can argue for release based on:

• Lack of criminal history

• Employment, family, or community ties

• Weak government evidence

We’ve successfully secured pretrial release for federal conspiracy clients in Miami, Tampa, Jacksonville, and beyond.

Take Control Of Your Federal Conspiracy Case

Facing a federal drug conspiracy charge in Florida means you’re in the crosshairs of a system that assumes guilt, leans on informants, and aims for the harshest penalties possible. Don’t let a vague allegation or phone call cost you your freedom. You need experienced, aggressive representation from a team that knows how to fight the federal government.

Call A Florida Federal Drug Conspiracy Defense Lawyer Today

At Musca Law, our team of Florida Federal Drug Conspiracy Defense Lawyers has defended clients in some of the state’s toughest federal drug prosecutions. We don’t back down from the DEA, FBI, or U.S. Attorney’s Office. We fight indictments, suppress wiretaps, and challenge unreliable co-defendants every step of the way.

Your future is too important to trust to anyone else. Call us now for a confidential consultation. Let’s build your defense before it’s too late.

📞 Call Musca Law today at (888) 484-5057 to speak with a Florida Federal Drug Conspiracy Defense Lawyer now.