DAYTONA BEACH DRUG TRAFFICKING LAWYERS

A TEAM DEDICATED TO FIGHTING FOR YOU

Drug trafficking is among the most serious drug-related crimes under Florida law. Unlike simple possession, which hinges on whether someone has a small amount of a controlled substance for personal use, trafficking is determined by the quantity. If someone is found with amounts that meet or exceed legal thresholds, such as 25 pounds of cannabis or 28 grams of cocaine, the state can charge them with trafficking. In many cases, prosecutors do not even need to prove intent to distribute. Just possessing drugs over the set weight can result in charges that come with strict, mandatory prison sentences.

This distinction often causes people to feel overwhelmed and confused. Someone might think they will face a possession charge, only to discover that the weight alone can elevate the case to trafficking a controlled substance—a change that alters the potential consequences. Florida’s trafficking laws impose some of the strictest penalties in the state’s criminal code, including lengthy prison sentences and hefty fines.

At Hager & Schwartz, P.A., we recognize how intimidating and uncertain this situation can feel. Our Daytona Beach criminal defense lawyers understand firsthand how the state constructs trafficking cases. This knowledge helps us develop strategies to identify weaknesses in the prosecution’s evidence and safeguard your future.

If you or a loved one has been charged with drug trafficking in Daytona or Volusia County, seek legal help immediately. The earlier we get involved, the stronger your defense can be. Contact us for a free consultation and learn how we can protect your rights.

Florida Drug Trafficking Laws

Florida enforces a rigorous approach to drug trafficking. According to Florida Statute § 893.135, trafficking includes the sale, purchase, manufacture, delivery, importation, or possession of controlled substances in amounts that surpass specific weight limits. 

Unlike simple possession or sale crimes, trafficking charges are directly linked to the quantity involved, and once the threshold is crossed, the law mandates minimum sentencing for trafficking and hefty fines.

Some common examples include:

• • Cannabis: Possessing 25 pounds or more (or 300+ plants) can result in trafficking charges. Penalties range from 3 years in prison and a $25,000 fine up to 15 years and a $200,000 fine, depending on weight.

• Cocaine:

• • • 28–200 grams: 3-year minimum and a $50,000 fine.
    • 200–400 grams: 7-year minimum and a $100,000 fine.
    • 400 grams–150 kilograms: 15-year minimum and a $250,000 fine.

• Heroin or fentanyl:

• • 4–14 grams: 3-year minimum sentence and $50,000 fine.
  • 14–28 grams: 15-year minimum and $100,000 fine.
  • 28 grams or more: 25-year minimum and $500,000 fine.

These sentencing laws leave little room for judicial discretion, which is why building a strong defense is so critical.

Another key factor is Florida’s strict liability standard. Under Florida Statute § 893.101, prosecutors don't have to prove that a defendant knew the substance was illegal. Instead, the burden shifts to the defense to raise lack of knowledge as an affirmative defense. This makes it easier for the state to secure a conviction, but it also opens the door for skilled defense attorneys to challenge the evidence and circumstances of the arrest.

It’s also crucial to distinguish trafficking from other drug offenses. Florida Statute § 893.13 governs the possession and sale of controlled substances. These charges often carry severe penalties but are not based on statutory weight thresholds in the same way as trafficking. In other words, a person can face trafficking charges even without proof of intent to sell, whereas possession or sale charges are more about use, distribution, or transaction.

We recognize how these laws intersect and how overwhelming they can feel when you’re facing them. Our criminal defense lawyers understand how the state builds trafficking cases, and we use that knowledge to craft personalized defense strategies to protect your future.

Federal Drug Trafficking Penalties

While many drug trafficking cases in Florida are handled at the state level, certain circumstances can escalate a case to federal court. Federal prosecutions are often initiated by DEA-led investigations, cases involving interstate or international transportation, or arrests connected to large-scale drug operations. The distinction is crucial—federal penalties are often even more severe than state penalties, and the resources of the federal government make these cases especially challenging.

Under 21 U.S.C. § 841, mandatory minimum penalties apply depending on the type and quantity of the controlled substance:

• Heroin:

• • • 100 grams or more: 5-year mandatory minimum and up to 40 years in prison.
    • 1 kilogram or more: 10-year minimum and up to life in prison.

• Cocaine:

• • • 500 grams or more: 5-year minimum and up to 40 years in prison.
    • 5 kilograms or more: 10-year minimum and up to life in prison.

• Fentanyl:

• • 40 grams or more: 5-year minimum.
  • 400 grams or more: 10-year minimum.

Beyond these baseline sentences, federal law allows for enhanced penalties in certain circumstances. 

For example:

• If a person has prior drug trafficking convictions, mandatory minimums can be doubled.
• If the offense results in serious bodily injury or death, penalties may escalate to 20 years to life.
• Distributing controlled substances near schools or protected areas can also trigger harsher sentencing.

These penalties demonstrate how unforgiving the federal system can be. A single conviction may carry decades behind bars and fines reaching into the millions.

We understand the gravity of federal charges. Our attorneys practice in federal court and bring the unique insights of former state prosecutors who know how law enforcement agencies build their cases. We are prepared to defend against DEA charges by crafting tailored strategies to challenge the government’s evidence and safeguard our clients’ futures.

Defenses Against Drug Trafficking Charges

Drug trafficking charges can be daunting, but they are not impossible to challenge. Each case has its own facts, and an experienced defense lawyer can often find flaws in the prosecution’s evidence or procedures. Our attorneys bring over 50 years of combined experience to craft personalized narcotics trafficking defense strategies. 

Common approaches include:

• Challenging the stop or search: If law enforcement lacked probable cause, a valid warrant, or violated constitutional protections, evidence may be suppressed, weakening the state’s case.
• Questioning the weight and composition of the substance: Laboratory testing isn't always accurate. When drugs are mixed with fillers or if packaging is weighed improperly, the actual amount may be below trafficking thresholds. This can lead to fewer charges or even case dismissal.
• Disputing possession or intent: Prosecutors must demonstrate that a defendant had control over the drugs. Proving possession can be difficult when it involves shared homes, vehicles, or public spaces. Sometimes, defendants may also assert an affirmative defense of lack of knowledge under Florida law if they genuinely did not know the substance was illegal.
• Entrapment or investigatory misconduct: Aggressive tactics in undercover operations or task force investigations can sometimes cross legal boundaries. If law enforcement pressured or induced someone into committing an offense they would not have otherwise committed, entrapment might be a valid defense.
• Identifying procedural errors and chain of custody issues: The prosecution must explain every step of how evidence was handled. Mistakes in documenting, storing, or testing the alleged drugs can weaken the credibility of the evidence.

These defenses demand thorough investigation and knowledgeable attorneys skilled in cross-examining law enforcement officers and expert witnesses. That is where our team stands out. We carefully examine each element of the prosecution’s case and develop strategies specifically designed to identify weaknesses—because your freedom, future, and reputation deserve nothing less.

The Importance of Acting Quickly

When facing a drug trafficking charge in Florida, time is critical. Because mandatory minimum sentences apply to trafficking offenses, judges often have little flexibility to impose lighter penalties—even for first-time offenders. Acting quickly helps the defense preserve crucial evidence, challenge arrest details, and explore strategies that may reduce charges or lead to alternative outcomes.

Law enforcement agencies handle trafficking cases with utmost seriousness. When federal or state task forces are involved, delays in securing counsel can result in costly errors during questioning or pre-trial proceedings.

At Hager & Schwartz, P.A., we understand how critical these moments are. As former prosecutors, we've seen firsthand how quickly the government acts to build its case. By intervening early, we can start developing a defense strategy that aims to reveal weaknesses in the prosecution’s evidence and protect your rights.

If you or someone you care about has been accused of trafficking in Volusia County, don’t wait. Contact our Daytona drug trafficking defense attorneys for a free, confidential consultation. You can call us directly or submit our online form to get immediate assistance. Acting now could be the difference between years behind bars and having a chance to fight for your freedom.