State Can Charge Conspiracy to Traffic in Drugs Based on Phone Conversations in Florida

In Florida, trafficking in cocaine or another drug normally means a person is caught possessing a large quantity of drugs or distributing a large quantity of drugs. How much drugs needs to be possessed or distributed to qualify for a trafficking charge depends on the type of drug. For pills and heroin, it does not take much. For cocaine, it takes more but still not as much as people might think. For marijuana, one would need to have quite a lot. If a person does have a sufficient quantity of drugs to be arrested for trafficking, the charge usually comes with a severe mandatory minimum prison sentence.

Conspiracy to traffic in drugs is also a very serious criminal charge in Florida. For a trafficking charge, the state does not need to prove the defendant actually possessed or distributed the drugs. The state can move forward with a conspiracy charge if a person merely agreed to participate in the trafficking. A fairly common situation occurs when the police arrest a lower level drug dealer and then convince that person to cooperate with the police. That person may agree to wear a wire and also give up the phone numbers of other drug dealers so the police can get a wire on their phones. If the police are able to record a person discussing selling a certain quantity of drugs over the phone, that may be sufficient for a serious conspiracy to traffic charge. Conspiracy to traffic in drugs means that a person comes to an agreement with another to traffic in drugs. An actual drug deal does not have to take place. The defendant may not even touch any drugs. If he/she comes to some sort of understanding with another to distribute a sufficient quantity of drugs, it can be conspiracy to traffic drug charge.

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