The federal crime of cocaine trafficking can be difficult to navigate. There are several elements that go into what constitutes a federal cocaine trafficking crime, the possible punishments and defense strategies. If you need help for yourself or a loved one, you’re in the right place.
It’s important to understand all of these elements if you find yourself on the wrong end of a federal drug trafficking charge in South Florida. Keep reading to understand what to do if you are under investigation, or were arrested and charged, or generally seeking help regarding a federal cocaine trafficking charge.
What is a Federal Cocaine Trafficking Crime?
Federal cocaine trafficking is the crime related to intentionally or knowingly distributing, or transporting cocaine across state lines.
Due to larger quantities of cocaine being a requirement for this federal law, federal cocaine trafficking is a very serious charge, bringing with it several penalties and consequences such as a minimum of 5 or 10 years in federal prison.
Federal cocaine trafficking is captured by a Federal Law as it being illegal:
- to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
- to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
The federal statute makes a clear separation between controlled, and counterfeit substances, penalizing them differently and holding different legal amounts based on the two.
For controlled substances, such as cocaine, the legal amounts are as follows: 5 kilograms or more of a mixture or substance containing a detectable amount of:
- coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
- cocaine, its salts, optical and geometric isomers, and salts of isomers;
- ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
- any compound, mixture, or preparation which contains any quantity of any of the substances
For counterfeit substances, which could possible include cocaine as well, the legal amounts are as follows: 500 grams or more of a mixture or substance containing a detectable amount of:
- coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
- cocaine, its salts, optical and geometric isomers, and salts of isomers;
- ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
- any compound, mixture, or preparation which contains any quantity of any of the substances
The statute further goes on to describe penalties of cocaine trafficking, which will be further discussed next.
CONSEQUENCES OF FEDERAL COCAINE TRAFFICKING CRIMES
When discussing punishments for cocaine trafficking in South Florida, it is also important to separate the crime based on whether it is a controlled substance or a counterfeit version of cocaine.
Controlled Substances: Cocaine penalties
For controlled substances, the lower end of punishments include:
- A 10-year minimum federal prison sentence
- A maximum fine of up to $10,000,000 or more if the person convicted was part of a group
The higher end of punishments is much more severe:
- If bodily harm was a result of the cocaine trafficking crime, you’re looking at a minimum of 20 years in prison and a maximum of life in prison.
- If the crime was committed by more than just one individual, the maximum fine is increased to up to $50,000,000 for the group of people involved.
Counterfeit Substances: Cocaine penalties
For counterfeit substances, the punishments are described slightly differently.
The lower end of punishments include:
- A 5-year minimum federal prison sentence
- A minimum $5,000,000 fine
The higher end of punishments include:
- A maximum sentence of 40 years in federal prison.
- A maximum sentence of life in prison if bodily injury or death occurs as a result of the crime.
- If more than one individual committed the cocaine trafficking crime, the maximum fine is increased to $25,000,000
FEDERAL COCAINE TRAFFICKING CRIMINAL DEFENSE ATTORNEY IN FORT LAUDERDALE
At Rossen Law Firm, we have experienced federal criminal defense attorneys that have experience in federal cocaine trafficking cases. Our team of attorneys will fight to get you the best results possible regarding your case.
We will help you understand the charges you are facing, provide all the information regarding court dates and legal paperwork, and will fight to defend your rights and protect your future.
Federal Cocaine Trafficking Defense Strategies
A motion to suppress
A motion to suppress is common in cases such as Federal drug crimes. Essentially, the defense attorney alleges that evidence was found unlawfully or that there was no probable cause to conduct a search at the time of the arrest. If the evidence was found illegally, that evidence can be suppressed – which means it can’t be used against you. If the motion to suppress is successful, that alone could be enough to make it impossible for the prosecution to convict you.
Unknowingly committed the crime
An experienced lawyer can assert that the defendant in the federal drug trafficking case had no knowledge that they possessed this type of drug, or perhaps they had no knowledge of the amount they possessed.
Free Federal Cocaine Trafficking Defense Consultation in South Florida
We handle all types of Federal Cocaine and Drug Trafficking charges in Fort Lauderdale. We know how to protect your rights and provide you with a personalized and aggressive defense to your federal charges.
Whether you are facing controlled substances charges or the less serious counterfeit substances charges, we have your back and we will fight for you to receive the best possible outcome with your case.
We offer FREE strategy sessions so you know how we’ll work to get the best possible result on your case for you. Reach out today to learn more about what we can do for you.
HOW WE WIN FEDERAL & CRIMINAL CASES
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