Federal Drug Trafficking and Distribution Charges in Miami

Federal Drug Trafficking and Distribution Charges in Miami

Drug trafficking and distribution charges are no joke, especially when prosecuted at the federal level. Miami has historically been a hub for the illegal drug trade, dating back to the days of the infamous “Cocaine Cowboys” in the 1980s. While the drug business may seem lucrative to some, the risks are enormous. Federal drug crimes carry some of the harshest mandatory minimum sentences in the U.S. legal system. Even low-level offenders face the possibility of extremely high prison sentences, with the goal being to get them to cooperate against higher-level dealers. If you or a loved one is facing federal drug trafficking or distribution charges in Miami, you need an experienced criminal defense attorney on your side immediately.

An Overview of Federal Drug Trafficking and Distribution Laws

The main federal law dealing with drug trafficking and distribution is Title 21 United States Code (U.S.C.) Section 841 (link). This law makes it a crime to manufacture, distribute, or possess with intent to distribute a controlled substance. The penalties under 21 U.S.C. 841 depend on a few key factors:

• Type of drug (heroin and cocaine are treated most harshly)
• Quantity of drugs
• Prior criminal history

For example, here are some of the mandatory minimum penalties for trafficking certain drug quantities under 21 U.S.C. 841:

• Cocaine – 5 kilograms or more: 10 years to life
• Heroin – 1 kilogram or more: 10 years to life
• Methamphetamine – 50 grams or more: 10 years to life
• Marijuana – 1,000 kilograms or more: 10 years to life

You can see how quickly these mandatory minimums add up, even for first-time offenders. Prosecutors will sometimes file enhanced charges under 21 U.S.C. 851 if the defendant has prior felony drug convictions, which can double the mandatory minimum sentence. It’s easy to be facing 20 years to life in federal prison for drug trafficking under this law.

Common Federal Agencies Involved in Miami Drug Cases

There are a few key federal law enforcement agencies that commonly investigate and make arrests for drug crimes in Miami:

• DEA – The Drug Enforcement Administration is the lead federal agency when it comes to enforcing federal drug laws. The DEA has a large presence in Miami and throughout Florida.
• FBI – The Federal Bureau of Investigation gets involved in major drug trafficking conspiracies, especially those involving interstate or international drug smuggling.
• ICE – Immigration and Customs Enforcement investigates drug smuggling across U.S. borders.
• U.S. Coast Guard – The Coast Guard patrols the waters surrounding Miami and makes arrests for maritime drug smuggling.

These federal agencies have vast resources and manpower dedicated to investigating drug crimes in Miami. Once they have you in their crosshairs, the charges can be severe. Having an attorney who understands these agencies and how they build federal drug cases is critical.

Common Defenses in Miami Federal Drug Cases

The fact that you’ve been charged with a federal drug crime does not automatically mean you will be convicted. Skilled Miami drug crime lawyers know how to build a strong defense to these complex charges. Here are some of the most common defenses we raise on behalf of our clients:

• Illegal search and seizure – If the police violated your 4th Amendment rights by conducting an illegal search or seizure, any evidence obtained may be suppressed. This could result in the charges being dismissed.
• Entrapment – This occurs when the police induce you to commit a crime you otherwise would not have committed. We can argue you were entrapped into the drug offense.
• Lack of knowledge – The prosecution must prove you knowingly possessed or distributed drugs. We can argue you did not know the substance was illegal.
• Duress – If you can show you committed the drug crime under threat of harm, this may provide a defense.

In addition to defenses, an experienced Miami drug crime lawyer will look for procedural flaws in the government’s case, such as violations of your right to a speedy trial. We can also negotiate with prosecutors for reduced charges or sentencing departures. The key is starting work on your defense early in the process.

Sentencing Mitigation in Miami Federal Drug Cases

Even if you end up pleading guilty or being convicted at trial, an aggressive defense lawyer will advocate for the lowest possible sentence under the federal guidelines. Some of the most effective ways we’ve been able to reduce client’s sentences over the years include:

• Negotiating plea agreements with favorable sentencing recommendations
• Presenting mitigating factors to the judge regarding your background and character
• Objecting to errors in the pre-sentence investigation report
• Arguing for variances and departures from the guidelines

In some cases, we’ve even been able to convince prosecutors to agree to sentencing below the mandatory minimums. You need an attorney who knows their way around the federal sentencing guidelines and policies. We do, and have gotten excellent results for past clients facing lengthy federal prison terms.

Why the Right Miami Federal Drug Crime Lawyer Matters

As you can see, the stakes are extremely high when facing federal drug trafficking or distribution charges in Miami. These complex cases require attorneys with specific experience and skills, including:

• Knowledge of federal drug laws and sentencing guidelines
• Understanding of how federal law enforcement agencies build cases
• Experience negotiating plea deals with federal prosecutors
• Litigation skills to take cases to trial when needed
• Resources to perform in-depth case investigations

Very few defense lawyers check all of these boxes. Our firm does. We’ve been successfully defending complex federal cases in Miami and throughout Florida for over 25 years. If you or someone you care about is under investigation or has been arrested for federal drug crimes, contact us immediately for a free case review. We have the skills and experience to build the strongest possible defense. Don’t leave your future in the hands of just any lawyer – call our office today.