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Why was I charged with drug trafficking instead of possession?

Florida residents are likely aware of the incredible resources state and federal law enforcement agencies dedicate to the enforcement of drug laws, from massive sting operations to aggressive arrest and search efforts. Because of all that goes into drug enforcement, police and prosecutors have a distinct interest in pursuing serious charges any time a person is arrested.

This is why so many people find themselves facing charges they may feel are unnecessary or inappropriate. For example, you might be charged with drug trafficking instead of drug possession in many cases. There is a big difference between these two, and law enforcement agents know this. 

Drug trafficking is a felony offense, while a drug possession charge could be a misdemeanor. The difference in penalties for a conviction of trafficking versus possession will be considerable.

There are other distinctions between trafficking and possession charges.

Trafficking charges can be filed if you are found to be in possession of a lot of money or a significant supply of drugs, as it could lead police to believe you are selling or have just sold drugs. If you are in possession of falsified prescriptions for controlled substances, this too could be an indication that you are engaged in the unlawful distribution of drugs.

Possession charges reflect an absence of this evidence suggesting a person intended to or just sold or transported controlled substances.

This element of moving drugs around is what leads to escalated charges and penalties. If you can refute the argument that you distributed or intended to distribute unlawful drugs, or if you are able to challenge statements regarding how much money and/or drugs were involved, drug trafficking charges can be dismissed.

Even if you don't have drug charges dismissed completely, it can be very beneficial to have them reduced. As we mentioned earlier, there is an enormous difference between the penalties for a felony conviction and the penalties for a misdemeanor.

With all that you can have on the line if you are facing drug trafficking charges in Florida, it can be crucial that you consult an experienced criminal defense attorney to defend yourself against serious criminal allegations.

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Attorney Warren Lindsey has been awarded the following credentials:

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