Miami Criminal Defense Lawyer Blog

A Columbian cocaine trafficking kingpin appeared in a Tampa federal court for his sentencing hearing along with his criminal defense lawyer. Fabio Enrique-Ochoa is alleged to have imported cocaine into the United States through Miami for three decades. According to court documents, Ochoa was responsible for importing approximately 5 tons of cocaine into the country between 1978 and 2009. Ochoa was sentenced to 17 ½ years in prison in exchange for pleading guilty in three cases, two of the cases arising out of Miami and one case arising out of Tampa.

The United States District Court Judge presiding over the sentencing hearing added 2 years to his sentence for a probation violation for a Miami marijuana trafficking case. While the judge could have handed down concurrent sentences, meaning that the cocaine trafficking cases and the probation violation could have run at the same time. The judge elected to sentence him consecutively, meaning he has to finish his 17 ½ year sentence then complete his two year sentence. As part of the plea, Ochoa agreed to asset forfeitures in the amount of $15 million dollars in property as part of the plea agreement.

Ochoa, a native of Columbia was raised in Miami, Florida. He fled the United States before he could be indicted on the three cocaine trafficking cases. His Miami criminal lawyer began negotiating his surrender as far back as 1999. Several surrender attempts failed as Ochoa feared a long prison sentence and being separated from his family for a long period of time. Ochoa was facing significantly more prison time, but in an effort to avoid a potential life sentence he agreed to cooperate with government investigators and prosecutors. Despite the fact that Ochoa is considered to be among the largest cocaine traffickers in the world. his assistance garnered favor with government prosecutors who in turn asked the judge for a sentence reduction.

At one point, Ochoa was the head of one of the largest cocaine trafficking cartels in the world, a Medellin based organization. The cartel was responsible for the importation of between 6 and 8 tons of cocaine. The group used freighters, speed boats and airplanes to deliver the illegal substance through countries such as Jamaica, Honduras, Belize and Mexico. Other cocaine trafficking cartels have used the same methods to deliver cocaine into the United States. Despite the war on drug, drug cartels have continued their drug trafficking operations from the 1980's until the present time.

Ochoa requested that he serve his prison time in a federal correctional institution in Florida in order to be close to his family. While the federal judge granted his request, the federal department of corrections ultimately decides where Ochoa will serve his prison sentence. In both state and federal court, sentenced defendants can request where to serve their prison sentences. However, judges can not dictate to the department of corrections the location where a defendant will serve out his sentence.

Columbian Drug Trafficker Gets Prison Time in Tampa Case, TBO.com, June 2, 2010.

As a follow up to an earlier blog, Argentine airport security officers finally nabbed the Columbian model wanted for drug trafficking. Angela Sancelemente was discovered living in a Buenos Aires hostel living among foreign university students. Sanclemente had changed her hair color and was going by the name of Annie when she was picked up by law enforcement. Sanclemente was afforded an opportunity to speak with her criminal defense lawyer who will appear with his client in an Argentine federal court.

In March 2009, Interpol issued an arrest warrant for Sanclemente for her alleged involvement in an international cocaine trafficking ring. Law enforcement believes Sanclemente, along with her boyfriend are the ringleaders of the smuggling operation. The organization is believed to use female models to move the drugs through the Buenas Aires airport to several foreign destinations. The investigation has led to the arrests of several members of the drug trafficking ring, including Sanclemente's boyfriend, a male model.

As soon as Sanclemente became aware that she was a fugitive, she posted several messages on face book denying her involvement in the drug trafficking ring. She was quoted as saying that, "I'm very sad and hurt by the bad information. I don't know how the press can destroy can destroy and innocent person, I don't want to go to jail, I don't deserve it, I am innocent." Even Sanclemente's mother professed her daughter's innocence. She even agreed to be interviewed, but would charge the media for any appearance.

Sanclemente's name first appeared when she won a Columbian beauty pageant in 2000 at the age of 20. Days after winning the prize, she was stripped of the title for being married in contravention of the rules of the contest. She briefly attended college, but dropped out after three semesters, and sought a career in modeling. The allegations do not suggest when she became involved in the purported drug trade.

Court documents have not been made available setting forth the allegations surrounding her involvement in the cocaine trafficking ring. After Sanclemente appears in federal court, more documents reflecting the details of the case should be released to the public. It is not clear at this point of the prosecution whether or not other sovereign nations will seek extradition for her to face similar drug trafficking charges.

Former Model Arrested in Argentina on Drug Charges, CNN.com, May 26, 2010.

There is still no end to the marijuana trafficking arrests being made in South Florida. Narcotics units continue to scour the county looking for residences being used as marijuana grow houses. This time narcotics detectives nabbed a former Miami Beach police officer. As with most grow house busts, the detectives usually begin an investigation into a grow house through an anonymous tip or crime stoppers tip. Most of the tips come from neighbors or other competing marijuana growers. Police arrested Adam Tavss after executing a search warrant. Upon a search of the residence, detectives located 47 plants with an estimated street value of $50,000. The detectives shut down the hydroponic garden and seized the plants.

In a typical grow house bust, once the plants have been seized, they are taken to the Miami-Dade County crime lab for weighing and testing. When the lab weighs the marijuana, the technicians weigh the entire plant including the leaves, branches, trunk and roots. The weight is the most important issue because any weight greater than 25 pounds will constitute marijuana trafficking. There are three levels of marijuana trafficking. The first level carries a three year minimum mandatory and requires 25 pounds of marijuana or 300 plants. The second level carries a 7 year minimum mandatory and requires 2,000 to 10,000 pounds or 2,000 plants. The third level carries a 15 year minimum mandatory sentence and requires in excess of 10,000 pounds or 10,000 plants. The majority of grow house cases are of the 3 year minimum mandatory kind. In many cases, the marijuana weigh barely exceeds the 25 pound requirement. Qualified and experienced Miami criminal defense lawyers always recommend hiring an expert to re-weigh the plants. An expert routinely requires a $1,000 retainer to go to the lab and re-weigh the evidence. This strategy can also be used to defend cocaine trafficking cases.

In the case involving the Miami Beach cop, the narcotics detectives obtained a search warrant. In the majority of cases, the detectives try to gain entry using other means other than obtaining a warrant because getting a warrant requires a lot of time and effort. On many occasions, the detectives just walk up to the door of the residence which is acting as a grow house and attempt to get a consent to search from the property owner. Always remember, a home owner can refuse to allow law enforcement into their house. The home owner can even refuse to open the door. The best advice is not to open the door because opening the door may give the cops enough probable cause to obtain a warrant if they see or smell marijuana.

The only way to prevent law enforcement officers from approaching and knocking on a front door is by taking certain steps. First, the house must be surrounded by a fence. It is suggested that all of the gates be padlocked. All a police officer has to say is that a gate was left open and that may dissipate the expectation of privacy expected by the homeowner. Another way to establish that the homeowners intent to maintain privacy is to place the mailbox on the fence rather than on the front door. By instituting these measures, any entry without a warrant will be deemed unconstitutional by the court and the evidence will be suppressed. Anyone operating a grow house should follow this protocol to prevent uninvited intrusions by law enforcement.

Ex-Cop Faces Charges After Grow House Found, CBS4.com, May 26, 2010.

The war on drugs continues to focus on the border between Mexico and the United States. Mexico appears to be cooperating with the federal government through numerous extraditions for defendants charged with cocaine trafficking and marijuana trafficking. Last year Mexico executed 107 extraditions of purported criminals and the Justice Department expects that number to increase in 2010. More than a dozen defendants charged with drug trafficking have been convicted in federal over the past two years. Charges have been brought in cities such as Miami, Houston, Loa Angeles and Chicago. The goal of the large number of extraditions was to curtail the inflow of drugs into the United States and curb Mexico's ongoing problem with drug related violence.

While most applaud Mexico's efforts, the increased number of extraditions have led to an increase in violent crimes as drug cartels are engaging in battles over turf. Some experts say that the rise in violent crimes is a direct result of Mexico's efforts to ship defendants to the United States to stand trial. The violent crime syndicates continue control the border through violence and intimidation. As the ringleaders are removed, the battle for control of the cartels and their territories are waged by those who to seek control of the organizations.

Until recently, Mexico did not assist the United States by extraditing these dangerous criminals. Mexico's current president, Felipe Calderon and President Obama have worked closely to change the policies. In fact, Calderon, in an effort to gain office, engaged in a campaign that included anti-drug trafficking rhetoric in an effort to get elected. He has fulfilled his promise to use the Mexican military to battle the drug trafficking cartels that operate along the border. While the federal government and Department of Justice applaud Mexico's efforts, they belief that the extradition policy has failed to break up the drug trafficking rings and reduce the amount of violence along the border.

Mexico's plan to fight the drug cartels is modeled after the plan instituted by the Columbian government. Despite the success of Columbia's anti-drug trafficking plan, thousands of kilos of cocaine still find their way onto American soil. An example of Mexico's efforts can be seen in the recent extradition to New York of a former Mexican governor. He was indicted in federal court on numerous counts of money laundering and drug trafficking. Court documents revealed that Mario Ernest Villanueva Madrid allegedly accepted millions of dollars for protecting the Juarez cartel which is responsible for trafficking in excess of 200 kilos of cocaine into the United States.

Despite the efforts of our and foreign governments, the cocaine trafficking cases filed in state and federal court do not appear to be dissipating. Miami criminal attorneys have defended large number of drug trafficking cases since the 1980's and will continue to represent clients charged with these offenses well into the future. While it is difficult to fight extraditions from foreign countries, the governments sending defendants to the United States from prosecution must follow certain procedures. Seek advice from a qualified criminal defense law firm regarding extraditions from any foreign country.

U.S. Applauds Record Extraditions from Mexico, but Drug War Violence Continues, The Washington Post, May 22, 2010.

Cocaine trafficking and cocaine possession used to be the largest problem facing South Florida in the 1980's and 1990's. However, cocaine is no longer the most serious problem in Miami-Dade and Broward County. Cocaine has been replaced by pills taking the form of prescription medications. A recent report revealed that there are more pain clinics in the pill dispensing business in Broward County than McDonald's restaurants. While pain killers are not illegal if prescribed by doctors, there are serious consequences for trafficking in or selling medications such as oxycodone or hydrocodone.

Due the addictive nature of the prescription medications, the minimum mandatory sentences for trafficking pain medications is the same as for heroine trafficking. Merely possessing one pill is a third degree felony punishable up to five years in prison. As the number of pain clinics have grown in South Florida, Miami criminal defense lawyers are finding themselves defending more and more of these types of cases. If some is charged with trafficking in oxycodone or hydrocodone, minimum mandatory prison sentences will attach. There are three levels of minimum mandatory penalties that apply to these types of cases. Possession of more than four, but less than 14 grams of either of these prescription drugs carries a 7 year minimum sentence. Possession of more than 14 grams, but less than 28 grams carries a 15 year minimum sentence. Possession of more than 28 grams carries a 25 year minimum sentence.

Within the last year Broward County was the home to 176 pain clinics dispensing prescription medications. Law enforcement has become aware that these clinics are handing out pills rather than sending people to pharmacies. Florida legislators have passed a law that was developed to track the sale of pain killers. The politicians passed the law due to the fact that death related to prescription medications keep rising every year. In fact, there are more deaths related to overdoses from prescription medications than from cocaine or heroine. While the tracking system in theory will work, no funds have been allocated to the program. While Broward County is mostly effected by the pain clinics, Palm Bach County has seen a recent influx of the pill dispensers. Simply put, the clinics appear to be moving north through the State of Florida.

As law enforcement steps up their efforts to close down the clinics, clinic owners, as well as the doctors prescribing the medications will be under strict scrutiny. If an individual is arrested for oxycodone trafficking, sale of oxycodone or oxycodone possession is imperative to hire an criminal defense law firm experienced in defending drug charges. If you are being investigated or has been arrested for any of the aforementioned offenses, remember to invoke your right to remain silent and seek the assistance of a criminal lawyer. By speaking to law enforcement officers, you will be limiting the types of defenses that can be used to beat your case.

Invasion of the Pill Mills in South Florida, Time.com, April 13, 2010

The United States Justice Department took credit for the successful prosecution of one of the most notorious cocaine trafficking kingpins. Jorge Mario Paredes-Cordova was sentenced to 31 years in prison for his involvement in armed cocaine trafficking that was allegedly responsible for importing tons of cocaine into the United States. Paredes attempted to fight the charges at jury with assistance of an excellent criminal defense law firm, but was nonetheless convicted after a several week trial.

Federal authorities alleged that Paredes was the leader of a Guatemalan drug trafficking organization. His organization purportedly received tons of cocaine from Columbia and Mexican and imported the illegal narcotic into the United States. Paredes worked with other notorious drug trafficking kingpins from Mexico and Columbia. After a lengthy investigation, federal drug enforcement agencies gathered enough evidence to indict the defendant after seizing one and a half tons of cocaine. Paredes was facing life in prison because the cocaine trafficking operations were conducted by armed members of his organization. Courts documents alleged that members of his organization would use boats occupied with escorts carrying machine guns and various other firearms to pick up the cocaine at sea.

Paredes was on the run for several years and was nearly untouchable as he was always surrounded by armed guards. He is alleged to have prevented seizures of his shipments by paying off public officials from Mexico, Guatemala and Honduras. Paredes was eventually arrested in Honduras in 2008 while living under an assumed identity. The extradition treaty between Honduras and the United States allowed for him to be transported back to the U.S. to stand trial. The Assistant United States Attorney prosecuting case thanked the efforts of the DEA and other law enforcement agencies for putting one of the most dangerous drug trafficking kingpin behind bars for 31 years.

The case shows that the "war on drugs" is alive and well in the United States. The federal government has become more efficient and effective in rounding up drug traffickers who ship marijuana and cocaine into the United States, but never step foot on U.S. soil until it is time to face federal drug trafficking charges. Despite the efforts and money spent to capture and incarcerate foreign drug lords, it is apparent that others remain to carry on the drug trade out of South and Central America. If you or someone you know is being extradited to the United States to face drug trafficking charges or has just been charged in the Miami or South Florida area with cocaine trafficking, marijuana trafficking, ecstacy trafficking or even oxycodone trafficking, it is imperative to hire a criminal defense law firm with vast experience in defending these types of cases both in state and federal court. Whether charged in state or federal court, individuals are facing long prison sentences and hefty fines if convicted of any of the aforementioned charges.

Guatemalan Drug Kingpin Sentenced in Manhattan Federal Court to 31 Years for Leading Massive Armed Cocaine Trafficking Conspiracy, Rushprnews.com, April 19, 2010.

Not if things were bad enough for lenders linked to fraud, but the lenders are now also being sought for marijuana trafficking or grow house cases. While federal prosecutors and the Florida Mortgage Fraud Task Force have been building mortgage fraud cases against lenders in the Miami and South Florida area, the Highlands County Sheriff's Office has been gathering enough evidence to charge the lenders with conspiracy to traffic in marijuana. The attorney for the sheriff's office revealed that evidence exists showing the lenders knew that the fraudulent loans would be used to purchase homes to be used as marijuana grow houses. According to sources, 39 cases have investigated and are ready for prosecution, while 20 others are still being investigated. The marijuana charges will be filed against both lenders and banks. While marijuana possession is misdemeanor, marijuana trafficking is first degree felony.

According to reports, all of the loans used in purchasing the homes used to cultivate marijuana originated with lenders in Miami. The lenders and banks can be legally charged with conspiracy although they never actively participated in operating the grow houses and manufacturing and cultivating the marijuana. Prosecutors without hard evidence, will be hard pressed to show that the lenders and banks had knowledge of the fact the loans were being used to purchase homes with the intent to grow marijuana. Attorneys charged with defending the lenders will have to show that the prosecution cannot prove knowledge on the part of those accused of providing the monies.

Since 2006, Highlands County has taken down approximately 90 grow houses. The majority of the defendants arrested were from Miami and the South Florida area. Along with arrests, asset forfeitures are certainly to follow. The houses, their contents, including furnishings, power sources, cash and firearms were seized as part of the busts. The police will attempt to keep anything of value and issue forfeiture notices to the owners of the property. Law enforcement authorities claim that they have put an end to grow house operations in Highlands County, although they admit that may have missed a couple of well-hidden ones. They believe the individuals involved in marijuana trafficking may have to the northern parts of Florida or out of the state altogether.

The increased penalties for marijuana trafficking and the constant pressure placed on the growers have purportedly helped curtail the problem. Any arrested for marijuana trafficking (marijuana possession in excess of 25 pounds), faces a three year mandatory prison sentence. There are dozens of defenses to those charged with owning or operating a marijuana grow house. Many times, detectives do not obtain search warrants and attempt to gain access through consent to search. Experienced criminal defense law firms know that many times the consent obtained by the police is coerced, and therefore not voluntary. Examples are when the police threaten to arrest wives and girlfriends if consent is not granted. Another tactic employed is when they threaten to have the Department of Children and Family Services take the children away. In any event, if the consent is coerced and the search is conducted in violation of the Fourth Amendment, the evidence will be suppressed and the prosecution will have to dump the case. Always remember, if the police ever seek consent to search an automobile or home, refuse unless they get a warrant.

Grow House Cases Enter Phase Two, TBO.com, April 19, 2010.

Law enforcement authorities around the world are on the lookout for beautiful women who are being recruited to transport cocaine from South American to several European countries. In particular, Argentinian authorities are searching for a former Columbia beauty queen who is accused of heading up a cocaine trafficking ring that uses "pretty and discreet" young women who are willing to transport cocaine to Europe in exchange for $5,000.00. The Columbian woman who is the primary suspect issued a statement through her criminal defense attorney. The lawyer denied the allegations stating that his client is not involved in drug trafficking and she is afraid to surrender because of the conditions she would face in jail.

The investigation into this cocaine trafficking ring began in December 2009 when authorities seized fifty-five kilograms of cocaine from a young attractive woman traveling to Cancun, Mexico. In arresting the young lady, the authorities attempted to track Sanclemente, but failed in their efforts. The most wanted lists in the United States and in Latin America are now replete with woman wanted on drug trafficking charges. Many other women are awaiting trial for similar offenses. Some woman were forced into drug trafficking when their husbands or brothers were either arrested or killed as a result of their involvement in the drug trade. Others were recruited into drug organization because they demonstrated their ability to become involved in drug trafficking and money laundering.

Government prosecutors in Miami are seeking the extradition of a Latin American woman, as well as, members of her family for illegally importing and selling 9 tons of cocaine in the South Florida area. While female drug traffickers are in the limelight, the majority of women in Mexico and other Latin American countries are imprisoned for drug offenses like cocaine possession and marijuana possession. They are involved in the street level drug trade which is considered to be the most dangerous. This latest investigation makes one wonder if the "war on drugs" can be one as it is apparent that drug trafficking is now involving other genres and countries.

For years Miami has been believed to be the hub where the majority of Latin American and South American cocaine and marijuana are delivered. Recent reports indicate that Europe is being targeted as a major recipient of the drug trade. The major question is whether European law enforcement have the assets and the support to combat the narcotics trade in similar fashion to the United States. While the federal government and the State of Florida have created strict penalties for people charged and convicted for their participation in the narcotics trade, it is not clear whether or not the European countries created similar laws to curb the inflow of drugs.

Women Break Through Glass Ceiling of Drug Dealing Underworld, The Miami Herald, March 28, 2010.

The former kingpin and founder of a Jamaican cocaine trafficking and marijuana trafficking ring died last week in Kingston, Jamaica. Vivian Blake was a top leader for the ultra-violent Jamaican Shower Posse. It is believed that the gang was responsible for at least 1,400 drug related killings in the 1980's. After serving a lengthy prison sentence in the United States, Blake returned to Jamaica 14 months ago. He expired at the University Hospital of the West Indies. Family members reported that Blake suffered from kidney failure and diabetes.

While heading the infamous Jamaican gang, "Shower Posse", Blake oversaw a marijuana trafficking and cocaine trafficking ring that operated in Miami, Los Angeles and New York. The drug trafficking network even extended to Anchorage, Alaska. Blake and other members of the gang were implicated in a Miami homicide case that left five people dead at an inner city crack house. He escaped prosecution by leaving the United States on a cruise ship bound for Jamaica.

After returning to Jamaica he started many business ventures including night clubs, a motorcycle rental company and a loan company. The federal government pursued an extradition which effectuated his return to the United States to face charges. Rather than face a jury, Blake entered a guilty plea after his return to Miami. With the assistance of his Miami criminal defense attorney, he entered guilty pleas to racketeering, drug possession, including cocaine and marijuana possession, and admitted to his leadership role in the gang.

Blake grew up in Jamaica and lived an impoverished lifestyle. He attended a private high school after receiving a full scholarship. His first trip to the United States was in 1973 as part of a Jamaican cricket team. Rather than returning home, he remained in New York and established the gang in Brooklyn. There are different accounts of how the Shower Posse got its name. There are two schools of thought. The first is that the gang was aligned with the Jamaica Labor Party who promised a shower of blessings in economic opportunity for the citizens of the island nation. Other believe that the shower related to the hail of gunfire that by the gang would spray at its victims. Federal investigators are seeking the extradition of the purported new leader of the gang who is wanted for firearms offenses and drug trafficking.

Miami has been a hotbed of violent crimes related relating gang activity and drug trafficking for the past three decades. From the Cocaine Cowboys, the Shower Posse and other violent proponents of drug trafficking, the streets of South Florida have often been some of the most dangerous in the United States. The large amount of drugs flowing into and around Miami and the South Florida area cause the legislature to created minimum mandatory prison sentences on drug and firearm offenses. The potential sentences are severe in an effort to chase drug traffickers out of Florida. While the potential penalties have increased for drug trafficking offenses, the latest data does not reflect a decrease in the amount of marijuana, cocaine and heroine on the streets.

Vivian Blake, Founder of Jamaica Drug Gang Dies,, NYTimes.com, March 25, 2010.

A circuit court judge for the 11th Judicial Circuit heard a lengthy motion to suppress in a Miami marijuana trafficking case. The defendant is charged with operating a marijuana grow house in an efficiency apartment. The apartment is attached a family-sized residence. The only entrance is a side door. There is no entrance to the efficiency from inside the residence. A Miami criminal attorney filed a motion to suppress the contents of the efficiency including 18 marijuana plot, two bags of cultivated marijuana, checks and other financial statements belonging to the defendant. If the court grants the motion to suppress, all of evidence in the case becomes inadmissible and the state will have no choice, but to nolle prosse or dismiss the charges.

Defense counsel argued that the warrant obtained by the narcotics detectives violated the defendant's Fourth Amendments rights. Detectives from the Miami-Dade Police Department received an anonymous tip that the efficiency owner was selling drugs from the property. The detectives drove to the residence and parked their vehicles on the street. The residence was surrounded on all four sides. The front of the residence was guarded by a chain link fence that had three gates. Two of the gates allowed access to the driveways. The third gate allowed access to the front door. The police officers gained access through a two foot opening in one of the gates for the driveway. After the detectives entered the property, they noticed an odor of marijuana coming from the residence as they approached the front door. The detectives attempted to make contact with the homeowner, to no avail, noone was home.

The lead detective filled out a search warrant which was executed by the duty judge. The judge signed the warrant which was then executed by the narcotics detectives. After knocking down the door of the efficiency, the detectives located processed marijuana and a fully functional grow house. At the motion to suppress, counsel argued that the detectives violated the efficiency owner's constitutional rights. The laws of the United States and the State of Florida require that a warrant is required to search a residence. To obtain a warrant, the police have to establish that probable cause that a crime was committed in order to secure a warrant. Of course, there are exceptions to the warrant requirement such as consent, exigent circumstances and automobile. As none of the exceptions existed, the detectives were required to get a warrant. The smell of marijuana gave the detectives the requisite probable case to get a warrant. However, the main question is whether the police officers were legally on the property when they gathered the probable case.

The 4th Amendment protects citizens from unreasonable searches and seizures. A person is entitled to those protections when they have a reasonable expectation of privacy. The law in the State of Florida holds that a home owner has a reasonable expectation of privacy when the house is surrounded by a fence or some other structure. If a residence is not surrounded by a fence or other object, the police are entitled to approach the front door and even stand on the porch. In the case being argued, the house was surrounded by a fence, but one of the gates was left opened approximately two feet. The Miami defense lawyer argued that the homeowner had a reasonable expectation of privacy even if the gate was left open. The prosecution argued to the contrary. Florida law does not distinguish between opened a closed gates, but merely that the fence surround the house. With that being the case, the judge should grant the motion to suppress the evidence. The current state of the law can be used to protect those arrested for narcotics cases such as cocain trafficking and marijuana trafficking.

South Florida is finally recognizing that the drug trafficking trade in prescription medications is a serious problem. State officials are trying to implement policy changes that will more effectively police prescription medications. Miami-Dade, Broward and Palm Beach County have become a haven for those seeking to purchase and or traffic prescription medications. Last year, the governor approved legislation that will require an electronic drug monitoring program that will put time constraints on people refilling prescriptions for multiple painkillers. Oxycodone, Vicodin and Xanax use by unauthorized individuals is becoming more commonplace. Most people think of cocaine, heroine and marijuana when drug trafficking is mentioned. However, criminal defense lawyers are defending more and more people charged with oxycodone trafficking and the like.

According to the legislators dealing with the issue, the problem lies in a lack of regulation dealing with prescription medication. Individuals attempting to procure the prescription medications merely have to go to various doctors and describe the correct symptoms to obtain prescriptions for the highly addictive drugs. Another problem lies in the lack of regulation of pain clinics who are presently able to get their hands on as many prescription drugs that they desire. In the 1990's, Kentucky had the same problem that South Florida is facing today. The state implemented a prescription monitoring plan that cut off the oversupply to doctors. Presently, 38 states have implemented similar monitoring programs. Florida is the largest state that currently does not have a program in place. That is the reason why people from out-of-state travel to Miami and South Florida to procure the product.

On its face, it would appear that possession of Xanax or Vicodin is not that big a deal. Anyone caught in possession of these drugs can and will be charged by law enforcement for possession of a controlled substance. Possession of a controlled substance is a third degree felony punishable up to five years in prison. Jail sentences for first time offenders are not likely, however, anyone pleading guilty to this will have a felony criminal record and may have his or driver's license suspended for a period of two years. Anyone caught selling just one pill will be charged with sale of controlled substance. The charge of sale of a controlled substance is a second degree felony punishable up to fifteen years in prison. A more likely sentence would involve probation and community service hours. While those potential sentences appear light, trafficking in prescription medications carry much stiffer sentences.

Trafficking in oxycodone or Vicodin is treated the same under the Florida Sentencing Guidelines as heroine trafficking. Trafficking in these substances are first degree felonies punishable up to thirty years in prison. There are three levels of trafficking which carry 7, 15 and 25 year minimum mandatory sentences depending on the weight. Between 4 and 14 grams carries the 7 year sentence, between 14 and 28 grams carries a 15 year sentence, and over 28 grams carries a 25 year sentence. Bear in mind that mere possession of the drugs will amount to trafficking if the weight standards are met. It is irrelevant that a person gets caught buyer of selling the prescription medications. If you or a loved is arrested for any of these offenses contact a Miami drug trafficking defense lawyer to defend your case and protect your rights.

Prescription Drug Trade Flourishes; Drug Monitoring Program Stalled, The Ledger.com, March 1, 2010.

The leader of a Columbian cocaine trafficking cartel appeared in a federal court in New Jersey and entered a not guilty plea with the assistance of his Miami criminal defense lawyer. At the arraignment, Salomon Mora was formally charged with cocaine trafficking and money laundering. Along with his arraignment, the formal reading of the charges, a pre-trial detention hearing was also presented in court. Federal prosecutors argued that Mora was a flight risk and a danger to the community. After hearing from both sides, the federal magistrate held him without bail. Mora's Miami criminal attorney did not oppose the ruling, but told the magistrate he may request a bond at a later date. Mora is accused of being the leader of a cocaine trafficking ring that shipped tons of cocaine into the United States and returned millions of dollars to South America. The magistrate set a trial date of April 13, 2010.

Court papers indicated that Mora was the head of a cocaine trafficking cartel that imported in excess of 10 tons of cocaine into the United States from 1999 and 2000. The United States State Department offered a $5 million dollar reward for information leading to his capture. Mora has been wanted by federal law enforcement since the 1990's. He was originally indicted in Miami, Florida years ago. The original indictment alleged that Mora's operation purchased or manufactured cocaine in Columbia and then transported the product to Venezuela, Puerto Rico and the United States. The indictment also alleged that Mora transferred approximately $1.6 million from New Jersey back to country of origin.

After Mora's capture, he was extradited back to the United States from Venezuela. The interesting fact is that everyone is aware of the strained relationship between Venezuela and the United States. In fact, the countries do not maintain a reciprocal extradition treaty. The justice minister from Venezuela issued a statement that the deportation of the well-known drug trafficker is evidence that President Hugo Chavez is assisting in the fight in the was on drugs. It is apparent that the deportation is a political ploy to curry favor with the international community. The United States often accuses Chavez of doing nothing to curb the flow of cocaine from Venezuela. Venezuela has long been the hub for cocaine being trafficked out of Columbia to Europe and the United States.

Mora began his long career in cocaine trafficking back in the 1980's when he was a member of the infamous Medellin Cartel. He later worked with Alberto Gamboa in the Columbia North Coast Cartel. Mora is looking at up to twenty years on each count of money laundering and 10 years to life for the cocaine trafficking and conspiracy to traffic cocaine charges. As of the date of the initial court hearing, twenty-four other member of Mora's cocaine trafficking ring have been arrested. Twenty of the defendants have already entered guilty pleas in federal court and are serving prison sentences.

Reputed Columbia Drug Chief Held Without Bail Pending Trial, NorthJersey.com, February 3, 2010.

Recent articles have set forth the proposition that the United States is losing the war on drugs. That very well may be the case, but federal authorities working together seized in excess of $5 billion of illegal drugs from marijuana trafficking and cocaine trafficking rings. Drug smugglers lost that amount of marijuana and cocaine during operations conducted by the United States Coast Guard, the Federal Bureau of Investigation, Customs and the Joint Interagency Task Force. In total, 175 tons of cocaine and 35 tons of marijuana were seized, some of which was destined for the streets of Miami. For years, Miami criminal defense attorneys have been defending those involved in marijuana and cocaine trafficking rings. The inflow of illegal drugs into Miami leads to dozens and dozens of arrests each year.

The current Coast Guard Commandant and Chairman of the Office of National Drug Control Policy's Interdiction Committee applauded the efforts of federal law enforcement for stopping illegal drug traffickers at sea. Coast Guard officials reported that cocaine and marijuana traffickers are becoming more brazen and creative in their efforts to bring the illicit substances to the United States. Drug smugglers are not limiting themselves to go fast boats any longer. In recent narcotics bust last year revealed the Coast Guard intercepted a self-propelled submarine carrying 5 tons of cocaine. Last year, 322 people wee arrested at sea for their involvement in cocaine and marijuana smuggling.

The Coast Guard, United States Navy and border patrol use vessels and aircraft in the Caribbean Sea and the Pacific Ocean to conduct their interdiction efforts. In March of 2009, the Coast Guard in conjunction with the border patrol spotted four go fast boats moving north toward the United States border. The Coast Guard used small boats and a helicopter to track the smugglers. A marksman aboard the helicopter fired warning shots and disabled two of the vessels. Coast Guard personnel seized in excess of 3,300 pounds of cocaine. In another instance, a Coast Guard plane spotted a suspicious vessel operating in the Pacific. After, tracking the vessel, a cutter moved in and seized 16,500 pounds of marijuana.

The interdiction community claims that the counter-drug operations put a significant dent in the amount of illegal drugs entering the county. However, the number of marijuana trafficking and cocaine trafficking cases that occur within our borders do not give such an optimistic view that the federal government is really winning the war on drugs. In state court, cocaine possession and marijuana possession cases litter the court's docket. With that being said, it does not appear that the countless man hours and money being spent are keeping the illegal substances off of the street. After being arrested, cocaine traffickers have told federal authorities that only a small portion of their wares are intercepted and that the cost of producing cocaine is so cheap in South America that a lost shipment is nowhere near the value the federal government puts on the seizures.

U.S. Agencies Seized $5 Billion in Illegal Drugs in 2009,, Tampa Bay Online, January 29. 2010.

A notorious member of the Cali cocaine trafficking cartel was sentenced in a Miami federal court to 200 months in prison followed by five years of supervised release. Jorge Solano was indicted and sentenced for cocaine trafficking, conspiracy to traffic in cocaine and money laundering as a result of large scale investigation conducted by the U.S. immigration and Customs and Enforcement (ICE) and the Drug Enforcement Agency (DEA). Solano was considered to be involved in moving approximately 50,000 kilograms of cocaine into Miami between 1988 and 1991. During this time, he was considered to be the major supplier to Miami cocaine trafficking rings. Solano was represented by a Miami defense criminal lawyer with vast experience in defending federal Miami cocaine trafficking cases.

The Cali cocaine trafficking cartel was considered to be the largest distributer of cocaine throughout the United States and the world during the 1980's and 1990's. From 1988 to 1991, Solano was the highest ranking cartel member operating in Miami and was in charge of coordinating cocaine imports to Miami from Venezuela. The cartel would import large quantities of cocaine by ships carrying the cocaine hidden in drums of asphalt and concrete posts. In 1991, customs officials with the assistance of the United States Coast Guard discovered one of the cocaine laden ships. Kilograms of cocaine were discovered in the center of concrete posts. Federal authorities executed a search warrant at several warehouses operated by the Cali cartel. With the authorities closing in, Solano fled to Cali, Columbia in an effort to evade arrest and prosecution. Solano remained fugitive for seventeen years.

In 2008, Solano was still engaged in the business of cocaine trafficking. He was arrested in Togo, Africa. Togolese authorities arrested Solano and reported the bust to federal authorities in the United States. As part of an extradition pact between the governments, Solano was returned to the United States to face prosecution. Even with the disbanding of the Cali and Medellin cartels, Miami remains a key hub in receiving cocaine from South America. Despite several decades of our government's fight against the importation of drugs, the inflow of cocaine has not been dramatically reduced.

Anyone arrested for cocaine trafficking faces severe penalties, both in state and federal court. Cocaine trafficking offense all carry mandatory prison time in state and federal court. The amount of time an individual faces behind bars depend on the amount involved in the alleged trafficking. In federal court, cocaine traffickers face a minimum prison sentence of 10 years. The number can be reduced if a defendant enters a plea and has no previous criminal record. A sentence can be further reduced if a defendant decides to cooperate with federal investigators and prosecutors. Before entering into a plea to a cocaine trafficking case, it is imperative to hire an experienced attorney to review the evidence, as a plea may not be in a client's best interest. Depending on the evidence, a person charged in a cocaine trafficking case may choose to go to trial, win and avoid being incarcerated altogether.

Former Fugitive Cali Cartel Member Sentenced to More than Sixteen Years in Prison, Ethiopian Review, January 22, 2010.

The efforts of the Miami-Dade Police Department's narcotics investigation units have detected and shut down numerous Miami marijuana trafficking rings over the past several months. Dozens of Miami marijuana grow houses have been busted as a result of the increased efforts of local law enforcement. As a result of their efforts, residents of Miami are make the journey north to cultivate marijuana in what they believe is a safer environment, free from detection. Miami criminal lawyers represent defendants up and down the east coast of Florida and central Florida in an effort to keep their clients from serving significant prison times. Mandatory prison sentences attach to those arrested and convicted of marijuana trafficking.

As the marijuana trade moves north, so do the number of arrests in the counties north of Miami. Many times marijuana posession arrests in Miami gives leads to other grow house operations that exist north of Miami-Dade County. Recently, Miami-Dade narcotics detectives provided information to the Citrus County Sheriff's Department regarding a large marijuana trafficking ring operating Hernando, Florida. The department issued two search warrants on private residences and made three arrests. Two sophisticated grow house operation were discovered that were in the process of cultivating hundreds of high quality marijuana plants.

Two Hispanic males and one Hispanic female were arrested and charged with trafficking in cannabis, conspiracy to traffic in cannabis and leasing or renting a structure with the intent of cultivating a controlled substance. All three defendants attended their initial bond hearing and were held without bail. It is not clear whether the co-defendants will seek local counsel or retain experienced Miami marijuana trafficking lawyers to defend their interests. Eventually, the co-defendant's will most likely receive a bond, unless of course firearms were present on the premises. If an individual operates a grow house and possesses firearms on the premises, the charge of armed trafficking in marijuana will likely follow which is non-bondable offense.

If someone is charged with a non-bondable offense in the State of Florida, relief can be sought at an Arthur Hearing. Depending on the jurisdiction, bonds can usually be obtained at such a hearing depending on the offense charged, an individual's prior criminal record and that person's ties to the community. The prosecution must first prove that the offense was committed by a particular person with the standard of proof being proof evident, presumption great. It is a higher standard than beyond a reasonable doubt. After a mini-trial, if the prosecution does not meet their burden, the trial court judge can set a bond. If the prosecution does meet its burden, the trial judge can still issue a bond depending on whether a person is a danger to the community or a risk of flight. If neither is the case, a bond will most likely be set. However, prior to appearing at an Arthur Hearing, most experienced Miami criminal defense attorneys will attempt to stipulate to a bond with the prosecutor. An agreement will take the judge out of the game, especially in conservative jurisdictions.

Sheriff's Office Busts Two Hernando Grow Houses, Citrus Daily, January 18, 2010.