South Florida Criminal Defense Lawyer Blog

In Miami, Fort Lauderdale, and West Palm Beach, South Florida criminal prosecutors almost always file conspiracy charges with all drug trafficking cases. It is a lazy prosecutor’s method to seek a criminal conviction under two theories: drug trafficking and an agreement to traffic in drugs. One does not need to complete the crime to be convicted of conspiracy. Proving drug trafficking requires proving the elements of possession with the intent to distribute a controlled substance of a weight sufficient to file drug trafficking charges. Proving a conspiracy is in many ways easier.
A conspiracy to traffic in a controlled substance such as cocaine or marijuana requires the prosecutor prove an agreement in which each member of the conspiracy becomes the agent of each and every other member. The most essential part of the conspiracy offense is the making of the agreement. The next element is an overt act: which means during the life of the agreement each criminal defendant must take one overt act to advance the criminal undertaking. The conspiracy can be proven with statements from co-conspirators only if they are made during and in the course of the conspiracy. Once the conspiracy ends, either by the withdrawal of a participant, or the completion of the criminal enterprise, the conspiracy ends. Conspiracy, to summarize; requires that two or more persons come to an understanding, that the participants are voluntarily entering into a criminal enterprise, that there is an act, an overt act, to advance the crime. Lastly that the act was knowingly done to carry out the objective of the conspiracy. For more information on criminal conspiracy in South Florida, contact a South Florida criminal defense attorney for a consultation.

Florida has its own set of criminal laws. Each State has their own laws. In addition we are all subject to Federal (US government) criminal laws. Both Federal criminal drug trafficking statutes and Florida drug trafficking laws exist and we can be arrested in South Florida and be charged in either Federal Court for a violation of federal criminal laws OR Florida courts (Miami, Fort Lauderdale, West Palm Beach, or any other Florida jurisdiction) and charged with a crime in Florida. Federal drug trafficking punishments are different from those of Florida. A basic understanding of federal drug trafficking punishments is posted here on this website (press HERE to go to Federal drug trafficking punishment chart). For an understanding of what it means to be arrested in South Florida and charged with a drug charge, such as drug trafficking, delivery of a controlled substance, possession of cocaine, or possession of any controlled substance: call a South Florida criminal lawyer for more information.

A joint task force originating in Tallahassee under the control of Florida’s Attorney General, Bill McCollum, sought and obtained a conviction of Samuel Johnson and over 30 others for Drug violations and for cocaine trafficking. The task force announced the drug trafficking ring operated in South Florida from Miami to mid-Florida (Flagler County and St. Augustine). The conviction resulted in a 35 year prison sentence followed by 30 years of probation. The mass arrest and trial involved more than 30 individuals. The prosecution was done by the Office of Statewide Prosecution. Many of the individuals were charged with trafficking in cocaine from Miami, Fort Lauderdale, Pompano Beach and Hollywood. The court also imposed a one million dollar fine on Johnson. The cocaine trafficking charges alleged at least 25 kilograms of cocaine was distributed over a six to eight month period covered in the trafficking in cocaine prosecution. Law enforcement agencies from South Florida, Broward, Miami, Flagler County and Putnam County Florida were involved in the investigation and prosecution. The street value of the cocaine was estimated at between 1.5 and 2 million dollars.