Common Mistakes Defendants Make in Cocaine Trafficking Cases

The offense of cocaine trafficking in Florida, which arises when someone purchases, produces, delivers, or brings into the state 28 grams or more of cocaine or its derivatives, is among the most serious offenses in the state. Being convicted of this crime can result in harsh consequences. Florida law imposes mandatory minimum sentences for cocaine trafficking. Because of the high stakes involved, it is crucial for anyone facing cocaine trafficking charges in Florida to avoid making mistakes that could jeopardize their defense. Unfortunately, many people facing these charges unintentionally make mistakes that significantly affect the outcome of their case. Below, we share some of the most common mistakes defendants make in cocaine trafficking cases.

Mistake #1: Talking to the Police Without an Attorney

Many people believe they can convince the police that they are innocent. However, the police may have their mind already made up against you. Another major problem with speaking to the police without an attorney is that the police can use any statements you make to build a case against you. Your words can and will be used against you in court. Even seemingly innocent comments can be taken out of context or misinterpreted. Whatever you tell the police may not come out the same in their summary on paper. Unfortunately, you cannot take back your words later.

It is in your best interest to invoke your right to remain silent and request an attorney. Contrary to what some people might think, invoking your right to remain silent and requesting legal counsel is not an admission of guilt.

Mistake #2: Consenting to Searches Without a Warrant

If the police don’t have a warrant or probable cause to search your home, vehicle, or personal belongings, they may ask for your consent before conducting a search. If the police ask you to consent to a search, it is best to politely decline and ask to speak to an attorney. If you consent to the search, you’ll not be able to challenge the legality of any evidence they obtain.

Mistake #3: Admitting to the Crime

Do not admit to the crime even if the police offer a deal or say they have concrete evidence against you. Admissions can severely weaken your case and may be used against you in court. Contact your attorney to ensure your rights are protected.

Mistake #4: Underestimating the Severity of the Charge

If you are facing a cocaine trafficking charge, one of the biggest mistakes you can make is underestimating the seriousness of the charge. Under Florida law, cocaine trafficking is a first-degree felony and carries mandatory minimum jail sentences based on the quantity of the drug. For example, for between 28 and 199 grams of cocaine, the mandatory prison term is three years, and for between 200 and 399 grams, it is seven years. Don’t assume that a cocaine trafficking charge can be reduced easily or treated like simple possession.

Mistake #5: Not Challenging the Evidence

Just because cocaine was found in your vehicle or vicinity does not mean a conviction is inevitable. There may be legal grounds for challenging the evidence. For instance, your attorney can question the legality of the traffic stop or search. A skilled attorney can file motions to suppress improperly obtained evidence.

Contact an Orlando Cocaine Trafficking Lawyer

If you’re facing cocaine trafficking charges in Orlando, contact our experienced Orlando cocaine trafficking lawyer at Joshi Law Firm, P.A., today to discuss your case.

Source:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.135.html