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4 Defenses to Avoid Drug Trafficking Convictions

05 May 2017

When it comes to drug trafficking, Florida is tough. A conviction can carry stiff penalties. If found guilty, you can be placed behind bars facing a minimum mandatory prison sentence.

In Miami, drug trafficking is a common charge, which is when you possess a certain weight or quantity of illegal drugs. Cocaine, methamphetamine, marijuana, heroin, and hydrocodone are drugs that are usually involved in such crimes.

If you are accused of drug trafficking, you still have hope. Read on to know the defenses you can use to avoid such charges.

Top Defenses to Drug Trafficking

  • Motion to Suppress or throw out illegally obtained evidence.

You can argue that the police did not actually have probable cause to conduct a search. Make your defense even stronger by adding that they searched your home and/or vehicle without a search warrant or consent. With this, your case could just be thrown out on a motion to suppress.

  • Lack of Knowledge.

The State must prove that you knew the drugs were in the car or wherever they may have been found.  If you were driving a rental car and the drugs were found in a hidden compartment then perhaps the prosecutor cannot prove you had knowledge that the drugs were hidden in the car.  Did you make any statements to show you knew the drugs were in the car?  Does anything tie you to those drugs?  Fingerprints?  DNA? A confidential informant or snitch?

  • Affirmative Defense of Entrapment.

Entrapment means that the government, police, or any other agents persuaded you to take part in the drug trafficking crime. Furthermore, they provided an opportunity for you to do so. You were only coerced. Chances are, you never even intended to participate in any drug trafficking activities and this is not something you would normally do.

  • Mitigation.

Notorious drug smugglers take advantage of innocent people and situations at all times to transport illegal drugs. Sadly, you could be one of those who happened to get involved. Ultimately, you would be the victim. It’s not uncommon to downplay your role in the crime to obtain a waiver of the minimum mandatory drug trafficking prison sentence.

Ask the Help of a Criminal Defense Lawyer

Drug trafficking convictions are aggressively pursued by the prosecution. Aside from the prison time, you can get once you are convicted, you may also pay thousands of dollars in fines. To guarantee a sure-win on your drug trafficking charge, you need to get professional help from the best criminal defense lawyer.

Call Piotrowski Law when you are in trouble. My team and I have spent years perfecting our craft in providing the best and most cutting edge legal advice to everyone in need. Call us at (305) 204 5000 today to schedule your confidential consultation.

Chad Piotrowski - post author

Chad Piotrowski is a criminal defense attorney in Miami, Florida. He is a former Miami-Dade Prosecutor and has practiced criminal law, exclusively, for more than 10 years.

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