If you have been charged with drug trafficking in Florida and it has been escalated to a federal charge, you may be wondering why. After all, there have been multiple drug offenses handled at the state level.
There are several reasons why this may have occurred. Understanding the circumstances surrounding your case can help you prepare your defense.
How jurisdiction affects drug trafficking cases
While Florida’s courts hear cases that occur entirely within the state’s borders, federal courts handle ones that cross state lines, national boundaries or international waters, or violate federal laws. A drug trafficking case could trigger the involvement of federal agencies, including the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI).
Here are some factors that may have escalated your state drug trafficking charge to a federal one:
Crossing state lines or national borders: Even moving a relatively small amount of drugs out of Florida can turn your case into a federal one. The U.S. Constitution gives the federal government authority over interstate commerce and transporting drugs between states, which falls under this category.
Additionally, importing drugs into the United States from another country also invokes federal involvement.
The quantity of drugs: The federal government often goes after high-volume drug trafficking cases, as they are usually an indication of a large operation that goes beyond local distribution. If your case involves kilograms of an illegal substance, federal authorities may view it as part of a larger network.
Federal agencies were already involved: Federal law enforcement agencies often monitor and investigate drug trafficking networks. If your case was part of a long-term operation involving wiretaps, surveillance or informants gathering evidence, it will most likely proceed directly to the federal level.
Presence of organized crime: If your drug trafficking charge is part of a larger criminal enterprise, such as the mafia or gang involvement, the federal authorities are more likely to take over.
A federal drug charge is much more serious than a state charge, with longer sentences, hefty fines and little chance of early parole. It’s crucial you work with someone who has experience with federal cases and can help you build a strong defense.
