Common Defenses Against Drug Trafficking Charges in Florida

Facing a drug trafficking charge in Florida can be a daunting experience. With the state’s strict laws on drug trafficking offenses, you may end up facing severe penalties and life-altering consequences. If you are accused of drug trafficking, it’s vital to recognize that all is not lost. Multiple legal defenses are available to you, and understanding these defenses can significantly influence the outcome of your case. In this blog, we’ll explore some of the most common defenses against drug trafficking charges, helping you better understand your rights and options in navigating this challenging legal process. Please note that each case is unique, so it is best to consult a lawyer to discuss the best strategies for your unique case.

Absence of Intent or Knowledge

If you didn’t know that you had illegal drugs or had no intention of trafficking them, this could serve as a solid defense. A skilled drug trafficking attorney can prove that you did not intend to distribute or sell the drugs, possibly because they were for personal use or you were unaware of their presence, which is usually a critical component in drug trafficking charges.

Police Misconduct

Another common defense involves police misconduct, particularly concerning illegal search and seizure. Law enforcement officers must have probable cause or a valid warrant to search you or your property. If the police violated these rights during the arrest or investigations, your attorney can fight to ensure the evidence is inadmissible in court. For instance, if the police searched your vehicle or home without a proper warrant or exceeded the scope of their search, your attorney could argue that the evidence was obtained illegally. In such cases, the charges may be dismissed or significantly weaken the prosecution’s case.

Entrapment

Entrapment is another legal defense that may apply in drug trafficking cases. Entrapment happens when law enforcement officials persuade or pressure someone into committing a crime they were not predisposed to commit. For example, if the authorities lured you into committing the crime through excessive coercion or persuasion, you can build a strong defense based on entrapment.

Duress

Duress refers to a situation where an individual is forced to commit a crime due to a threat of immediate harm to themselves or others. In cases where you were coerced into trafficking drugs because you were threatened with injury or death, duress can be a valid defense. Your attorney may argue that you acted out of fear for your safety or the safety of loved ones. However, this defense requires compelling evidence to show that the threat was imminent and that you had no reasonable choice but to comply.

Credibility of Witnesses

Another possible defense strategy is questioning the credibility of witnesses or informants. If you can prove that the informants have their interests, this can significantly affect the reliability of their testimony, casting doubt on the prosecution’s case.

Negotiating for Diversion or Plea Deals

Negotiating for a diversion program or a plea deal may be viable, especially for first-time offenders. This may lead to reduced charges or alternative sentencing, such as probation or drug rehabilitation programs, avoiding the harsh consequences of a conviction.

Contact a Drug Trafficking Lawyer Today

Our experienced Orlando drug trafficking lawyer at Joshi Law Firm, PA, can help you navigate the complexities of a drug trafficking charge. Contact us today for a case review.

Source:

law.cornell.edu/wex/inadmissible_evidence