Heroin drug trafficking defense lawyers in Cape Coral, Florida FL
Defending against heroin drug trafficking criminal charges in Cape Coral, Florida FL
In Florida, if a person possesses 4 grams or more of heroin, he or she has committed the crime of heroin trafficking. Under Florida statute section 893.135, drug trafficking offenses may also include selling, buying, manufacturing, and delivering four or more grams of heroin in the state of Florida. Florida also calls drug trafficking charges "Trafficking in Illegal Drugs. "
If a person has been arrested and charged with heroin trafficking in the state of Florida, he or she is facing a substantial number of years in prison. In addition to potential prison time, if the defendant is found guilty of heroin trafficking, he or she could be punished with a lengthy prison sentence, hefty legal fines, harsh probationary periods following imprisonment, a felony criminal conviction on their record, and other lifelong consequences. There are also several additional potential consequences for those convicted of heroin trafficking in the state of Florida. The potential consequences include the loss of a driver's license, forfeiture of firearms, forfeiture of property, immigration difficulties, lots of right to vote, and lots of gun ownership rights forever.
Any drug crime is punished with severe penalties in the state of Florida. When an individual has been charged with a crime involving illegal drugs, here she has a lot at stake and a lot to lose. Anyone charged with federal or Florida criminal charges to speak with an experienced Cape Coral attorney must understand their legal rights and their legal options.
Our heroin Trafficking defense attorneys in Cape Coral, Florida, have the experience, knowledge, and skills necessary to provide the most effective Defense. Our criminal defense firm represents clients throughout the state of Florida. Call Musca Law 24/7 at (239) 347-9225 for your free initial case review or visit us at our Cape Coral location at 923 Del Prado Blvd. S Unit 201, Cape Coral, FL 33990. Call us to learn about your legal rights and understand the legal options that are afforded you under Florida law.
What establishes the crime of heroin and drug trafficking in Cape Coral, Florida?
Florida Statute Section 893.135 Details the punishments for the different levels of heroin trafficking in Florida. If the accused is found guilty of heroin trafficking. The prison sentences and punishments depend upon the circumstances in the amount of heroin found in the defendant's possession. Heroin is an illicit narcotic that is highly addictive and dangerous and provides no medicinal value. Yes, the defendant has been charged with trafficking and illegal drugs, and that drug is heroin; the offender will be charged with a first-degree felony. All first-degree Felonies in the state of Florida are punished with up to 30 years in a Florida state prison along with a fine of up to $10,000. For an individual to be charged with trafficking and illegal drugs, The offender would have to have possessed a minimum of 4 g of heroin, according to Florida statute section 893.135(c)(1).
What are the penalties for heroin trafficking into Florida?
A charge of "trafficking in illegal drugs" involving the narcotic heroin will bring a minimum mandatory sentence of three years in a Florida state prison for possession of 14 grams or less, but more than 4 grams of heroin. If the defendant is found guilty, the judge may sentence the offender to five years in prison and a monetary fine of $50,000. Under Florida law, there is a minimum mandatory prison sentence of three years.
If the defendant is fine with at least 14 grams of heroin, but not more than 28 g of heroin, the defendant, if found guilty, would face A minimum mandatory prison sentence of 15 years and an illegal fine of $100,000.
If the total amount of heroin found on the defendant weighed 28 g, but less than 30 kg of heroin, the defendant may receive a fine of $500,000 and a minimum mandatory prison sentence of 25 years.
According to Florida Statute Section 893.135(4), State prosecutors may offer the defendant a reduction in a prison sentence for providing information regarding their co-conspirators or criminal associates. Any deal worked out between the defense and the judge will review the prosecution to determine if the information provided by the defendant rendered valuable assistance or not. The judge will then decide whether or not to approve a prison sentence reduction proposal offered by state prosecutors.
Example Defenses to Federal or Florida heroin trafficking charges in Cape Coral
One thing to always remember is that the burden of proof falls on the state prosecutors' shoulders. All defendants are considered innocent until the prosecution is able to prove beyond a reasonable doubt that the defendant has committed the crimes in which they are accused. Every criminal offense in the state of Florida has what are called "key elements of the charge. "These elements are Actions in which the prosecutor must prove the defendant has committed. In a criminal case, the prosecutor must prove all key elements of the crime in total to win a conviction. And heroin trafficking charges, the prosecution must prove the weight of the heroin, prove that the drug was heroin, and prove that the defendant possessed the heroin.
Often times drugs will contain cutting agents, which influence the total weight of the drugs. In Florida, is the total weight of the drugs is counted towards the criminal charges. It does it matter if there have been cutting agents incorporated into the bags of heroin.
Actual versus Constructive drug possession in heroin trafficking criminal cases
Possession of age band substance or controlled substance falls into two distinct categories, actual possession or constructive possession. Actual drug possession means that the defendant was found with the drugs on his or her body or in their possession at the time of their arrest. Constructive drug possession means that the defendant knew where the drugs were, knew what type of drugs they were, and the defendant had access to the drugs. In addition, the defendant would have to believe that they had control and dominion over the illegal drugs. For example, if the defendant had bags of heroin inside a storage unit at the time he or she was arrested.
The best time to defend against any drug trafficking charge is to assert the defense prior to the criminal prosecution, at pretrial, and during the criminal trial.
When it comes to drug crimes, the sooner that your attorney can examine the evidence against you, the more opportunities your attorney will have to suppress evidence or build your defense. One pretrial Defense is filing a "motion to suppress" any of the prosecution's evidence against the accused. A drug trafficking defense attorney in Cape Coral will examine the facts and circumstances of the case, the arrests, the evidence, witness statements, and anything else that the prosecution will use to prove their case. It's an attorney for the defense believes and can prove that there were procedural errors or mishandling of evidence, the defense attorney to petition the court through a motion to suppress and a subsequent motion to suppress hearing to have that evidence removed from the pending trial. For example, if there was no probable cause to obtain a search warrant, any evidence collected during that search warrant could be deemed admissible. These arguments are raised and argued during pretrial motions and during the criminal trial.
Experienced heroin trafficking defense lawyers in Cape Coral, Florida
If you or a family member have been arrested and charged with heroin trafficking in Florida, it's important that you contact our drug Crime Attorneys to discuss your legal rights and options. Call Musca Law 24/7 at (239) 347-9225 for your free initial case review or visit us at our Cape Coral location at 923 Del Prado Blvd. S Unit 201, Cape Coral, FL 33990.
Musca Law
923 Del Prado Blvd S Unit 201
Cape Coral, FL 33990
Hours: Open now: Open 24 hours
Phone: (239) 347-9225
J3M5+QV Cape Coral, Florida