How To Challenge the Evidence in a Florida Fentanyl Trafficking Case
Being charged with fentanyl trafficking is an incredibly serious thing in Florida. Even trafficking a small amount of fentanyl can result in mandatory minimum prison sentences. Given the high stakes, if you are facing fentanyl trafficking charges in Florida, it is crucial to understand how to fight against these charges.
One of the most effective defense strategies in fentanyl trafficking cases is disputing the prosecution’s evidence. This article discusses how to challenge the evidence in a Florida fentanyl trafficking case.
Overview of Fentanyl Trafficking in Florida
According to Florida Statutes section 893.135(1)(c), fentanyl trafficking happens when you knowingly sell, buy, manufacture, or bring into the state at least four grams of fentanyl or a mixture containing fentanyl. You can also be charged with this offense if you are found in possession of four or more grams of fentanyl or a mixture containing this substance.
Being convicted of fentanyl trafficking in fentanyl usually carries severe penalties. This offense carries mandatory minimum prison sentences, with the number of years increasing as the weight of the drug increases. The mandatory minimum prison sentences start at 3 years for 4 to 14 grams and escalate to 15 years for 28 grams or more. Additionally, a conviction comes with a significant monetary fine, ranging from $50,000 to half a million dollars.
How To Challenge the Evidence in a Fentanyl Trafficking Case
Challenging the prosecution’s evidence is a critical part of defending yourself against fentanyl trafficking charges. If you are facing fentanyl trafficking charges, it is crucial that you work with a skilled defense attorney who can help you develop a strong strategy. Every case is unique, and your case needs a tailored approach.
That said, here are some of the common ways of disputing the evidence in Florida fentanyl trafficking cases;
- Unlawful Search and Seizure
The law protects you from unreasonable searches and seizures. Suppose the police searched your home, car, or personal items without a valid warrant or probable cause, yet no exception applied. In that case, your defense attorney may be able to file a motion to suppress the evidence. This can weaken the case against you.
- Challenging the Lab Analysis
In fentanyl trafficking cases, the total weight of the mixture, and not the fentanyl alone, is what triggers mandatory minimum sentences. Therefore, it’s crucial to determine if you can challenge the weight of the mixture. Mistakes can happen during lab analysis. For example, the sample could be contaminated with something else, or the equipment may be faulty. Your attorney can hire an expert to examine the lab results and identify potential issues.
- Challenging Chain of Custody
From the time the substance is collected, it should be handled with care. The chain of custody must document everything, including who collected the evidence at the scene, how it was packaged and labeled, and where it was stored. Gaps or inconsistencies in the chain of custody can raise questions about the reliability of the evidence.
- Challenging Constructive Possession
Florida law requires the prosecution to prove that you knew about and had control over the fentanyl in order to argue constructive possession. If drugs were found in a shared area, like your car, a defense attorney can argue lack of knowledge and control.
Contact Us for Legal Help
If you’re facing fentanyl trafficking charges, contact our skilled Orlando fentanyl trafficking lawyer at Joshi Law Firm, PA for help building the strongest possible defense.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.135.html
