Penalties for drug distribution are more severe than possession charges. Drug distribution cases in Fort Lauderdale are typically sale, delivery, or trafficking-related cases, and those drug charges in Fort Lauderdale carry higher penalties than simple possession. Possession typically means it is unlawful to have illegal drugs for personal use. Distribution is a situation where an individual is selling or delivering the drugs to one or multiple people.
In most cases, the business or the economics of the illegal drug trade is what causes those types of cases to be taken more seriously than simple possession cases in Fort Lauderdale. It may be beneficial for someone facing these charges to speak with a Ft. Lauderdale drug distribution lawyer. Distinguished drug attorneys have an understanding of local laws to defend your rights and reputation in court.
Increased Severity of a Drug Charge
A drug distribution offense becomes aggravated in Fort Lauderdale regarding somebody that has a criminal record and a record of something similar to what they are currently being accused. If somebody has been accused and/or convicted of drug distribution in the past and they are charged with drug distribution currently, it is going to be an aggravating factor in their sentencing and penalties. Other aggravating factors of drug distribution include the location where the alleged distribution occurs, the type of drug and the amount.
A case where an individual is accused of selling or delivering small amounts of crack cocaine is a lot different than somebody accused of distributing or selling a kilo or kilos of powder cocaine or large amounts of pills or narcotics. Law enforcement is setting up undercover stings and confidential informants to crack down on distribution. Throughout the airport, there are often dogs for drug detection, and the law enforcement activity around the airport is for detection of illegal drugs and narcotics coming into South Florida.
Role of the Fourth and Fifth Amendments
The Fourth Amendment deals with unlawful searches or seizures and issues involving search warrants. In drug cases, the law enforcement has the right to enter a home, search a home, enter a car, and search a car. Whether an individual was pulled over in their vehicle, stopped on the street, called in for questioning, or arrested, all constitutional issues deal with an individual being seized by the government, which falls under a Fourth Amendment analysis.
The Fifth Amendment deals with individuals’ right to remain silent. If they choose to waive that right to remain silent and give a statement or confession, it deals with whether that waiver was proper as analyzed under the Fifth Amendment, utilizing a series of tests that are laid out by the Miranda case heard before the United States Supreme Court in 1965. The constitutional issues involving whether or not law enforcement acted within their right pursuant to the constitutional protections that are given to any of people when the microscope is put upon them by law enforcement. Particularly in drug-related cases, those issues tend to come up a lot more frequently compared to some other types of cases.
Role of an Attorney
The benefit and role of a local attorney is having the convenience of meeting with them as soon as you are charged. Ft. Lauderdale drug distribution lawyers have the relationships with prosecutors and judges that may be beneficial to a potential client’s defense. Individuals should look for an attorney who is practicing or has an office in the same county where the case is being litigated or prosecuted. Chances are that the attorney goes to the court more often in that jurisdiction or that courthouse versus others.