Conspiracy to Commit Drug Trafficking Defense Attorney Jacksonville, FL

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Criminal conspiracy to commit drug trafficking (or any other crime) is different from conspiracy charges in most states. That’s because most jurisdictions require an overt act in furtherance of the conspiracy for conviction. In Florida, the bar is much lower: the state needs only to show that the defendant agreed, conspired, combined, or confederated with another person to commit the crime.

In other words, a person can be convicted of criminal conspiracy to commit drug trafficking based on nothing more than formulating a plan with a friend. There is no requirement that anyone actually formulated or possessed any drugs. Intent is all-important in a conspiracy case, and that means every word you say to law enforcement can jeopardize your conspiracy to commit drug trafficking defense.

If you’ve been arrested on drug-related conspiracy charges, you should speak to an experienced drug crimes defense attorney right away.

Drug Trafficking Overview

The Experience You Need for Conspiracy to Commit Drug Trafficking Charges

Drug trafficking conspiracy attorney Matthew Lufrano has extensive experience defending people who have been charged with crimes in Florida. He has worked in both the state and federal criminal justice systems, and is recognized by the Florida Bar as a Board Certified Expert in Criminal Trial Law.

To learn more about how Lufrano Legal can help you fight drug trafficking charges, call us today at (904) 513-3905.

Conspiracy to Commit Drug Trafficking Laws

Florida Conspiracy Law

Under Florida law, the prosecution must prove just two things to secure a conviction for conspiracy to commit drug trafficking:

Intent to commit drug trafficking
Agreement with one or more other people

Federal Conspiracy Law

Under federal law, the agreement to commit a federal crime alone is not sufficient to secure a conviction. Instead, the prosecution must prove both that two or more people conspired to commit the crime and that at least one person performed an “overt act” in furtherance of the crime.

This is a higher bar than Florida state law, but it’s important to note that the overt act need not be an illegal act. For example, procuring supplies to be used in drug trafficking could serve as the overt act in a federal drug trafficking case even if those supplies were not specifically drug paraphernalia.

Drug Trafficking Penalties

Penalties for Drug Trafficking in Florida

Like the specific elements of the crime, penalties for drug trafficking depend on whether the charge is filed under Florida state law or in the federal criminal courts. Because there are multiple variables that determine the possible sentence for a conspiracy to commit drug trafficking charge, the best source of information about what’s at stake in your case is an experienced Jacksonville drug trafficking conspiracy attorney.

Florida State Conspiracy to Commit Drug Trafficking Penalties

For most Florida conspiracy crimes, the conspiracy is punishable as a crime one level less serious than the completed crime. However, conspiracy to commit drug trafficking is an exception. Florida’s drug trafficking statute specifies that:

Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act.

The penalty for a felony of the first degree in Florida is up to 30 years in prison. The drug trafficking statute also sets forth mandatory minimum sentences for trafficking based on the drug in question and the quantity. For example, trafficking marijuana carries a mandatory minimum sentence of 3 years in prison if the amount is between 25 and 2,000 pounds. But if the quantity exceeds 10,000 pounds, the minimum sentence is 15 years.

Federal Conspiracy to Commit Drug Trafficking Penalties

Under federal law, conspiracy to commit a crime is classified at the same level as actual commission of the crime would be. Many federal drug trafficking crimes carry mandatory minimum sentences of 5 years or 10 years. In some circumstances, the sentence may be much more severe.

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Defense Against Drug Trafficking Charges

Defenses to Conspiracy to Commit Drug Trafficking Charges

The best defense will depend on the exact nature of the charges against you, the facts of your case, and the evidence against you. Some of the most common defenses in this type of case include:

Asserting lack of intent: to be guilty of conspiracy to commit drug trafficking, you must have actually intended to follow through with the plan. How difficult this is for the prosecution to establish will depend on the evidence they have, including text messages or other communications from you and testimony of co-defendants.
Denying that there was an agreement or conspiracy: A single person cannot enter into a conspiracy. That means the prosecution must show that two or more people agreed to act in concert. Often, this element relies on the testimony of a co-defendant or uncharged alleged co-conspirator who may be unreliable due to past crimes of dishonesty and/or personal gain from testifying.
Asserting lack of an overt act (if federal): For a federal conspiracy conviction the prosecutor must show that one conspirator took some actual step toward committing the crime. However, this element is not required to prove a Florida state conspiracy charge.
Asserting entrapment: While this won’t be relevant in every case, a person charged with conspiracy to commit drug trafficking may argue that they were entrapped if they were enticed by a law enforcement officer into agreeing to something they would otherwise not have done.
Moving to suppress evidence: If evidence of the crime–such as text messages, drugs, or supplies–was obtained in violation of your 4th Amendment rights, your drug trafficking conspiracy attorney may be able to get the evidence excluded. Often, when key evidence is excluded, it becomes impossible for the prosecution to prove its case.

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Get Help with Your Conspiracy to Commit Drug Trafficking Defense

An experienced criminal defense attorney can be your best resource when you’ve been charged with conspiracy to commit drug trafficking. Attorney Matthew Lufrano has devoted his entire legal career to criminal defense, and has tried more than 80 criminal cases. He knows how important it is that you have reliable information as soon as possible, so he offers free consultations. Schedule yours right now by calling (904) 513-3905 or filling out our contact form.

Florida Drug Crime FAQs

As you can see, Florida drug crime law is complex. The seriousness of a drug charge depends on a variety of factors, including the substance involved, the amount, and the specific act you’re accused of. When you’re facing any drug charge, it’s in your best interest to talk with an experienced Florida drug crimes attorney right away.

Below, we’ve provided general answers to some of the most frequently asked questions.

“Drug crime” covers a lot of ground in Florida. For example, possession of a controlled substance, including substances like cocaine, heroin, ecstasy, methamphetamine, is a drug crime. Even a legal drug may give rise to drug charges if you don’t have a prescription or give or sell the drug to someone else. Florida law also prohibits a range of other activities, such as selling, delivering, or manufacturing controlled substances.

Most Florida drug crimes are felonies. While possession of a small amount of marijuana without government authorization is a misdemeanor, possession of more than 20 grams is a felony of the third degree. Possession of any amount of other drugs–including cocaine, heroin, methamphetamine–is a felony in the third degree, carrying a possible penalty of up to five years in prison. Also as mentioned above the possession of controlled substances like oxycodone, alprazolam (Xanax), or others without a prescription is also a third-degree felony.

Further, the possession of larger quantities, or acts beyond mere possession, may constitute even more serious felonies carrying even steeper penalties. These types of offenses include charges for trafficking, sale, delivery, or manufacture of controlled substances.

The best way to fight Florida drug charges depends on the specifics of the case. Some possible approaches include:

Challenging the validity of the search, which may lead to the evidence being suppressed and may make it impossible for the prosecution to prove its case,
Having the substance tested to determine whether it falls within the statutory definition,
Arguing that you did not know the illicit nature of the substance, or;
Arguing that you were not in possession of the substance.

This last defense most often comes into play when the charge involves what was formally referred to as constructive possession, which means that the drugs weren’t on your person, but the prosecution is arguing that they were within your control, you knew where they were, and you knew what they were.

Since there’s no one-size-fits-all approach to fighting drug possession charges, you should contact an experienced Jacksonville drug crimes attorney as soon as possible after your arrest.

The possible consequences of a drug conviction depend on both the crime you’re charged with and your history. Most Florida drug crimes are felonies and may result in a years-long prison sentence. In some cases, the maximum possible sentence may be in excess of 30 years in prison. In addition, a person convicted of drug crimes may face significant fines and suspension of driving privileges. Also, while Florida law prevents criminal records from being sealed or expunged if convicted, Florida law also prohibits the sealing or expungement of some drug crimes even if a person was not formally convicted, meaning that the disposition of some offense might stick with you for life.

A conversation with an experienced Jacksonville drug crimes attorney is the best way to gather reliable information about the full range of possible consequences associated with your charges, and what your options may be for fighting those charges or negotiating more lenient treatment. In some cases, your attorney may even be able to negotiate for a diversion. Successful completion of a drug diversion program not only results in the dismissal of charges but also provides the ability to ultimately seal or expunge one’s criminal record.

As with many questions in the legal world, this is another where the answer depends. That said, generally testing positive for a controlled substance during a drug test would not be enough to support the initiation of a new criminal charge being filed against someone for possession of a controlled substance.

However, that doesn’t mean that a positive drug test also commonly referred to as a dirty drug test is nothing to worry about. Depending on the circumstances, it could result in incarceration or additional penalties. For example, if a person is on pretrial release and they have a positive drug test it could support the revocation of their bond and lead to reincarceration pending the resolution of the case.

Furthermore, if an individual is on probation and fails a drug test that could result in a probation violation, and depending on what offense someone is on probation for jail or prison time. As such positive drug tests are nothing to be ignored or overlooked.

Conspiracy to Commit Drug Trafficking Defense Attorney Jacksonville