All drug-related offenses are serious legal matters that can potentially result in serious consequences. If you are facing any drug offense charge, consult with the leading drug crimes attorneys in St. Petersburg with Russo, Pelletier & Sullivan for the strongest defense.
What Are Drug Trafficking and Drug Possession Charges?
When one thinks of “drug trafficking,” thoughts come to mind of Walter White, Pablo Escobar, and intricate criminal organizations designed to manufacture and distribute controlled substances. While such extreme examples do constitute drug trafficking, many people are surprised to learn that simply possessing a controlled substance, if the quantity is great enough, can also result in a Felony Drug Trafficking prosecution.
Drug Trafficking
Drug trafficking refers to the illegal distribution, transportation, sale, or importation of controlled substances. In Florida, drug trafficking charges typically involve large quantities of illicit drugs, such as cocaine, heroin, methamphetamine, and prescription medications like oxycodone. The severity of trafficking charges depends on various factors, including the type and quantity of drugs involved. However, drug trafficking can also have the same elements of possession of a controlled substance, if the quantity of the drugs involved is great enough.
Drug Possession
Drug possession charges involve the unlawful ownership or control of controlled substances for personal use. Possession can be actual, where drugs are found on the person, or constructive, where drugs are found in locations that could be under the individual’s control, such as a vehicle or residence. The penalties for drug possession vary depending on factors such as the type and quantity of drugs and whether the individual has prior convictions.
Factors That Distinguish Trafficking from Possession
Quantity of Drugs
Trafficking charges can involve larger quantities of controlled substances than possession charges. There are specific thresholds outlined for different drugs, above which possession is presumed to be for trafficking purposes. More information on this topic can be found here.
Intent to Distribute
Trafficking charges can hinge on the prosecution’s ability to prove intent to distribute or sell the controlled substances. Evidence such as scales, packaging materials, or large sums of cash may be used to establish this intent.
Aggravating Circumstances
Aggravating factors, such as the involvement of minors, proximity to schools or churches, or possession of firearms, can escalate drug charges from possession to trafficking.
Criminal Enterprise
Drug trafficking charges may involve allegations of involvement in organized criminal activities, such as operating a drug cartel or participating in a drug distribution network. In these cases, prosecutors often seek higher penalties.
Legal Consequences of Drug Trafficking and Drug Possession Charges
The penalties for drug trafficking in Florida are severe and often include hefty fines and mandatory minimum sentences based on the type and quantity of drugs involved, usually up to 30 years at minimum and a life sentence at most. Due to their severity, if you are facing drug trafficking charges, it is important to have highly skilled representation from a drug trafficking attorney in St. Petersburg with Russo, Pelletier & Sullivan.
For drug possession offenses, the consequences vary depending on the classification of the controlled substance and the circumstances of the case. Possession of small amounts of marijuana may result in misdemeanor charges, while possession of other drugs can lead to felony convictions with significant prison time and fines. During your free consultation with our office, we may discuss some alternatives to imprisonment, including Pre-Trial Intervention or Probation.
Work With an Experienced Attorney Today
Drug trafficking and drug possession charges carry significant legal consequences that can severely impact individuals’ lives for years to come. If you or someone you know is facing drug charges in Florida, it is imperative to consult with a drug crimes attorney in St. Petersburg with Russo, Pelletier & Sullivan to achieve the most favorable outcome for your case.
To get in contact with a St. Petersburg drug trafficking attorney today, request a consultation or give us a call at (727) 493-9386.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.