Miami Criminal Defense Lawyer Blog

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.

Several property owners from Miami and South Florida have moved on to greener pastures in states like Colorado and North Carolina. One thing they have in common is that they leave their family homes in the care of real estate agents and property managers and sleep well at night. That is until they are contacted by the property managers or law enforcement who break the bad news to them. Not only was your house used to grow marijuana, but your renters turned who turned your home into a marijuana trafficking den caused several thousands of dollars in damage. It has been become more prevalent over recent years for Miami residents to head north, rent a home, and began a marijuana trafficking operation. Miami criminal lawyers follow their clients north and represent them in towns, such as Port St. Lucie, Ft. Pierce, Satellite Beach and points north and west of those locations.

Anyone considering moving north to begin a marijuana grow house operation should keep many things in mind. First, operating a grow house will certainly always carry a mandatory minimum sentence if the amount of the crop amounts to trafficking. Anyone caught with in excess of 25 pounds or marijuana or more than 300 plants is subject to a three year mandatory sentence. Anyone caught with in excess 2000 pounds of marijuana or 2000 plants faces a seven year mandatory prison sentence. Finally, anyone caught with in excess of 10,000 pounds or marijuana or 10,000 plants is subject to a fifteen year mandatory sentence. While many Miami criminal attorneys are successful in defending marijuana trafficking cases in Miami-Dade County, the task becomes more difficult the further the north the case is heard.

There are several reason why defending marijuana trafficking cases become more difficult the further north one travels in the State of Florida. First, Miami-Dade County is suffocated with criminal cases including marijuana trafficking. Prosecutors at the Miami-Dade State Attorney's Office are overwhelmed and marijuana is not considered the crime of century. However, further north up Florida's coast and in Central Florida, prosecutors do not carry the same case loads and can focus more attention to their marijuana trafficking cases. Secondly, rural jurisdictions do not take kindly to Miami residents traveling to their quaint little town and starting up marijuana grow house operations. Judges and prosecutors alike will try to make examples of these individuals in an effort to curb the problem from escalating.

The courts systems in these small Florida jurisdictions are presided over by judges who are elected by the general populous. Destruction of residents homes caused by pot growing operations, if not handled properly by the courts, could cost a judge an election. Residents homes are destroyed when they are converted to a marijuana grow houses. Ceilings are torn down and foundations uprooted to create the hydroponic garden. Thousands of dollars in damage is caused which is sometimes not covered by insurance. South Florida residents not only face stiff penalties for marijuana trafficking, but may have difficulty posting bail after their initial bond hearing if the prosecutor seeks an increased bond which is granted by the judge.

Renters Turn Brevard Homes into Pot Farms, Florida Today, January 11, 2010.

Marijuana trafficking has apparently become a family affair in South Florida. The family in question operated a sophisticated scheme in which they were able to obtain 18 homes in Ft. Pierce, St. Lucie, Miami, Lee and Columbia counties. They used the homes to cultivate large quantities of marijuana. The mortgage fraud scheme occurred during the housing boom and the defendants were able to obtain homes using falsified financial documents. The marijuana trafficking ring was able to cultivate in excess of 1,000 pot plants worth an estimated street value of $1.3 million. South Florida and Miami criminal lawyers represented the defendants at the sentencing hearing in federal court.

The ringleader of the organized scheme to defraud and marijuana trafficking operation was Manuel Pupo. Pupo, a resident of Miami, ran the operation his hometown. Pupo's three brothers were also involved in the marijuana "grow house" operation. The four defendants entered guilty pleas in federal court to charges including conspiracy to distribute marijuana plants, operating a "grown houses", mail fraud and money laundering. Pupo received a seven year prison sentence while his brothers were sentenced to five years in a federal prison.

The marijuana operation came crumbling down when law enforcement officers in Port St. Lucie received an anonymous tip regarding individuals operating a grow house. Investigators were able to located five more house involved in the ring. The investigation revealed that homes were obtained through mortgage fraud using fraudulent bank statements, fake tax returns and falsified W-2 forms and pay stubs. Many investigations into grow house operations have revealed that homes used to cultivate the marijuana were in fact obtained through various forms of mortgage fraud. The defendants were able to keep up with the numerous mortgage payments with the proceeds from the sales of the marijuana.

Despite the increased effort to curtail the number of "grow house" operations in Miami and the South Florida area, law enforcement authorities are still making large number of busts in what are becoming more frequent operations. Generally, law enforcement will spend months gathering information on numerous marijuana operations and conduct search and seizures of numerous houses on the same day. Remember, never consent to the search of the residence. Make law enforcement obtain a warrant before allowing entry into your home.

Miami Family Gets More than 5 Years in Prison for Marijuana Operation in PSL, The Miami Herald, December 18, 2009.

A popular reggae star will appear in a Miami federal court at a scheduled bond hearing to determine whether he will be granted pre-trial release. A federal magistrate will decide Buju Banton's fate. He will appear with the criminal attorney he retained to at least represent him at the bond hearing. The bond hearing Miami criminal lawyer will argue to the magistrate that his client is not a danger to the community or a flight risk. If the magistrate awards a bond, he will likely attach a Nebbia requirement which demands that money and/or property put up for the bond are proven not be the proceeds of an illegal enterprise. After the hearing, Banton's case will be transferred to Tampa where the case will be assigned a different federal magistrate and judge.

Bantu is charged along with two other co-defendants with cocaine trafficking and conspiracy to possess cocaine with intent to distribute. Apparently, on December 8, 2009, Bantu traveled to Sarasota where a meeting was effectuated between Bantu and a confidential informant (CI). The CI convinced the parties to relocate the meeting to a warehouse. At the warehouse, an undercover officer purportedly showed them 20 kilograms of cocaine. The following day, one of Bantu's alleged co-conspirators contacted the CI and told him he was interested in purchasing 15 kilos of cocaine. Eventually, two of the co-conspirators returned to the warehouse where they were arrested. Tape recorded conversations and the actions of the participants is the evidence federal prosecutors are relying on to prove the case. Although Bantu never came in contact with the cocaine, the taped recorded conversations can still link him to the conspiracy.

As a Miami criminal defense lawyer who defends cocaine trafficking cases throughout Miami and the South Florida area, many lessons can be learned from this arrest. Arrests have occurred for drug trafficking and drug sales on daily basis in Miami and South Florida over the past decade. What happened to the individuals who had previously been arrested? A large number of those previously arrested have agreed to cooperate with federal or state authorities to reduce or cut their sentences. In order to cooperate, may of these individuals become informants. The reduction in their sentence is directly linked to the number of cases they set up for law enforcement. The point is, that even if someone thinks they know who they are dealing with, they may be unaware that they are being set up for an arrest.

A large number of cocaine trafficking cases result from sting operations that occur within warehouses operated by law enforcement. In all cases, these warehouses are wired for sound and video. It is difficult enough to defend trafficking cases because of the manpower and resources provided to drug enforcement details. A case is much more difficult to defend when individuals are captured on audio and video cutting into the cocaine and striking a deal. With that in mind, anyone who endeavors to engage in drug trafficking should aware of who they are dealing with and their surroundings. Of course, the best option is not to become involved because all drug trafficking offenses carry stiff penalties both in state and federal court.

Reggae Star Banton Busted, TBO.com, December 15, 2009.

Federal authorities arrested a 59 year old woman on charges of marijuana trafficking and cocaine trafficking. Aurora Ojeda was arrested in Miami and returned to Port St. Lucie to face the aforementioned offenses. Her husband, also a South Florida resident, is still at large, but being sought by law enforcement. It is unclear whether Ojeda will retain counsel in Port St. Lucie or hire a Miami marijuana trafficking lawyer. Miami criminal lawyers often represent individuals charges with marijuana trafficking or operating grow houses up and down the east and west coast of Florida.

As is often the case, a confidential source ("CS") provided a tip to law enforcement regarding the Ojeda's residence. Based on the information provided by the CS, police obtained a search signed by a circuit court judge and raided the home located in Port St. Lucie, Florida. According to reports, the couple moved their marijuana and cocaine operation from Miami to Port St. Lucie. As a result of the search, police seized 20 marijuana plants the size of Christmas trees. The plants weighed about 136 pounds.

Ojeda was arrested for cultivation of marijuana, marijuana trafficking, cocaine trafficking two counts of possession of a controlled substance. The search of the home revealed 46 grams of cocaine, alpazolam and hydrocodone pills. A firearm was also located in the home. The cocaine seized was a trafficking amount. Possession of cocaine between 28 and 200 grams carries a three year minimum mandatory sentence. If the prosecutors file armed trafficking in marijuana or cocaine, Ms. Ojeda may be held without a bond. All armed trafficking offenses are capital offenses which are non-bondable offenses. However, any defendant being held without a bond at the initial bond hearing can request and Arthur Hearing, where a bond can be sought.

Once Mr. Ojeda is apprehended it is far less likely that he receive a bond if in fact armed trafficking charges are filed. A criminal background search revealed that he has previously been convicted of cocaine trafficking. More and more arrests are being made for marijuana trafficking in cities where housing woes are the worst. Cheap and abandoned houses are typically used for 'grow house" operations. These residences are generally used because the homes are irreparably damaged because of the mold created from growing marijuana indoors.

Port St. Lucie Woman Arrested After Grow House Raided, tcpalm.com, December 7, 2009.

Miami and the South Florida area have always been a haven for illegal narcotics activity and drugs. As an experienced Miami criminal lawyer, it has become apparent that the narcotics trade from simple possession to trafficking has permeated our community. The media is saturated with cases involving cocaine trafficking, marijuana trafficking, heroine trafficking and oyxcodone trafficking. The media rarely covers the simple drug possession or drug sale cases. If you or someone you know is being investigated for a drug related offense, from simple drug possession to drug trafficking, it is imperative to speak with a Miami criminal attorney with vast experience is defending these types of cases.

Seeking the advice of a lawyer who handles civil maters rather than a Miami drug trafficking criminal lawyer can mean the difference in beating your case or spending a lengthy time in jail or prison. Always remember, it is imperative that a person being investigated for a drug related offense to limit their cooperation with the police. Two of the most important rules to remember are (1) Never consent to the search of your home, car, boat or person - make law enforcement get a warrant and seek the advice of a Miami drug offense criminal lawyer as soon as possible; and (2) Never make any statements to the police either spontaneously or in response to specific questions - when the police explain that you have a right to speak with a lawyer, invoke that right.

The other thing any person involved in the narcotics trade in Miami should know is that others have already been arrested for cocaine and oxycodone trafficking. These individuals are out to save their own skin. Many times, the only way this goal can be accomplished is by working as a confidential informant or "CI". A CI is usually an individual that has already been arrested in some sort of narcotics transaction. In an effort to avoid prison or jail time, including long minimum mandatory prison sentences, the CI will enter a contract with law enforcement and the local state or federal prosecutors office. The CI has been told that his sentence will be cut by setting up drug transactions. As a Miami cocaine trafficking lawyer, numerous clients have passed through these doors having been set up by a friend or acquaintance. In a nutshell, you never who will set you up to be arrested.

The aforementioned information has been provided in response to a recent Miami oxycodone arrest. The interesting part of the story is that a Miami criminal defense lawyer working as an assistant public defender sold oxycodone to an undercover detective from his North Miami Beach home. He allegedly sold 45 oxycodone tablets to law enforcement officials in exchange for $700.00. He attended his bond hearing and was released in a $25,000.00 bond. It just goes to show, that anyone can become ensnared in a narcotics transaction.

Miami Public Defender Charged in Oxycodone Case, The Miami Herald.com, November 25, 2009.

Miami mortgage fraud has now struck the religious ranks. A Broward County couple were found guilty in federal court for charges relating to a Miami mortgage fraud scheme and racketeering. Garry and Yvonne Souffrant were alleged to have defrauded banks and committed money laundering for individuals involved in cocaine trafficking. The indictment alleged that couple used proceeds from cocaine trafficking and marijuana trafficking to purchase real estate in the Miami and South Florida area.

Federal authorities claimed that Garry portrayed himself as a pastor at "God First Ministries" in Miami Gardens. Other than being a pastor, he and his wife also operated a family real estate business used in part to purchase homes and automobiles for cocaine trafficking rings throughout South Florida. Both defendants were represented at their trial in federal court by Miami criminal attorneys. The conviction opens the couple up to 5 to 30 years in prison.

Tried along with the defendants was Garry's brother, Gamaliel Souffrant. Unlike his brother and sister-in-law, he was found not guilty by a jury of his peers. At trial, the evidence revealed that the defendants acted as straw buyers or arranged for straw buyers to purchase homes and expensive automobiles while covering up the source of the drug related money. Million of dollars was alleged to have be laundered through the scheme to defraud.

The Miami federal court criminal docket is replete with cocaine trafficking, money laundering and mortgage fraud cases. Due to the magnitude of the problem, federal law enforcement agencies have established specialized task forces to arrest and prosecute those involved with the above listed crimes. Federal court district judges are handing down severe punishments in accordance with the Federal Sentencing Guidelines to those convicted of any of the aforementioned offenses.

Due to the serious consequences of being charged by a United States Attorney's Office and indicted for the charges discussed above, it imperative to hire a federal criminal lawyer with years of experience in that venue to represent your interests. Legal counsel who practice solely in state court do not have an understanding of the intricacies that occur in federal court. Always investigate the background of an criminal defense attorney you may hire to make sure you have the right person for the job.

Davie Couple Found Guilty of Mortgage Fraud, South Florida Business Journal, November 23, 2009.

On October 29, 2009, a former Miami-Dade County Police Officer appeared with his Miami criminal lawyer at his sentencing hearing in federal court. Ex-police officer Jorge Delgado was sentenced to two years in prison followed by three years of supervised release. Delgado has entered a guilty plea at a previous court hearing to possession of ecstasy with the intent to distribute. At the time of his arrest, Delgado worked as road patrol officer. The case arose from a joint investigation between the Federal Bureau of Investigation, the United States Attorney's Office with the assistance of the Miami-Dade Police Department.

Delgado, a three-year veteran of the Miami-Dade Police Department was arrested during an undercover sting operation. The indictment and accompanying police reports indicated that he used his marked police cruiser to protect a shipment of ecstasy in exchange for $2,500.00. Law enforcement staged the events as part of their investigation. The agent in charge made the following statement to reporters, "It is disappointing when an officer breaks the law, but the South Florida law enforcement community as a whole is dedicated, professional, and has the highest standards of integrity. This officer chose not to honor the oath he took to serve the public and has now faced the consequences of his actions."

Any experienced Miami criminal attorney will tell you that every time a police officer is arrested, prosecuted and sent to jail; this fact will assist in the defense of your case. Obviously, if the officer arrested or even being investigated for committing a crime is integrally related to your charges, the prosecutor in most cases will have to dump the case. The quickest way to embarrass the prosecution and obtain a verdict of not guilty is to put a dirty cop on the stand to testify against you.

If the police officer is not related in anyway to your case, the fact that he is being investigated or has been arrested, can play a large role in the outcome of your case. Police officers that been investigated, arrested, or sentenced are always brought to the attention of public through the media. An experienced Miami criminal defense lawyer who is prepared to take your case to trial should do so as soon as it is practical so the media event of a dirty cop will be fresh in the minds of the jury. Of course, this trial strategy is most effective in police related cases without civilian victims. For example, the strategy is most effective in cocaine trafficking or other narcotics related cases, weapons cases, and other victimless crimes.

Former Miami-Dade Police Officer Sentenced for Aiding and Abetting in Ecstacy Undercover Operation, American Chronicle, November 13, 2009.

Miami cocaine traffickers beware because federal law enforcement agencies with the assistance of the U.S. Coast Guard and Marines are cracking down on Florida's borders and in the Caribbean. During the month of October, law enforcement intercepted cocaine shipments in excess of $133 million. The joint operations are intended to curb the number of Florida and Miami cocaine trafficking operations that continue to exist despite the large amounts of money and manpower being thrown at the problem. For decades, Miami criminal lawyers have represented clients arrested in joint interdiction operations.

The operations center is being run out of Jacksonville, Florida. The aircrews flying missions over the Caribbean are Jacksonville pilots assigned to the Customs and Border Patrol and the U.S. Marines, while a Coast Guard cutter stationed in Miami also assisted in the operations. Military law allows for military units to support the federal authorities in drug interdiction operations.

On October 9, 2009, Customs and Marine aircraft located a speed boat 50 miles off the coast of Panama. They directed the Coast Guard cutter to the location of the boat and a chase ensued. The individuals in the boat began dumping bales of cocaine over the side and attempted to evade capture. The Coast Guard recovered 36 bales of cocaine heading for the South Florida area.

On October 20, Customs and Marine aircraft with the assistance of the Joint Interagency Task Force South located another speed boat off the coast of Columbia. The aircrews observed the passengers on the speed boat dumping bails of cocaine overboard. The Coast was only able to retrieve two of the bales weighing approximately 100 pounds.

On October 29, 2009, Custom's pilots discovered a speed boat off the coast of Nicaragua which appeared to be engaged in cocaine trafficking. The pilots notified the Coast Guard who in turn launched its helicopter to intercept the cocaine laden craft. The helicopter was forced to fire on the vessel when it attempted to evade capture. Four cocaine traffickers were captured with 74 bales of cocaine weighing approximately 3,700 pounds.

The Jacksonville Joint Air Wing boast of a record year, intercepting over a 250,000 pounds of cocaine, marijuana and heroine. The total estimated street value of the seized narcotics exceeds $3.2 billion. Thirty-two vessels and one aircraft were seized and are subject to civil forfeiture actions. Nine of the vessels were self-propelled semi-submersible which makes them much more difficult to detect.

CBP Aircraft Aids in Caribbean Cocaine Seizures Worth $133 Million, Trading Markets.com, November 11, 2009.

A former Miami-Dade Police Officer and his brother took their chances with a jury in Miami federal courtroom and their gamble paid dividends. Each brother was represented by Miami criminal lawyers with years of experience defending Miami cocaine trafficking cases in federal court. Antonio and Glen Roberts were accused of being involved in a large Miami cocaine trafficking ring. Seventeen other defendant were arrested and indicted on several criminal charges including cocaine trafficking, racketeering, and conspiracy charges.

All other seventeen defendants entered guilty pleas prior to trial. Among those who entered pleas were Michael King, another former Miami-Dade police officer and Marvin Coney, a former Miami-Dade County corrections officer. King received five years in prison for racketeering and obstruction of justice. He allegedly placed bets on professional basketball games, and at one time tipped of Coney as to the pending Miami cocaine trafficking investigation. King received five years in federal prison while Coney was sentenced to ten years.

Jurors in a Miami federal court acquitted the brothers after a two week trial where they were accused by federal prosecutors of being involved in the Miami cocaine trafficking ring. Antonio Roberts was acquitted of four cocaine related charges, as well as, the obstruction of justice charge. Glenn Roberts was acquitted of the cocaine with possession to distribute charge. The investigation into the criminal enterprise was headed up by the Federal Bureau of Investigation. During the course of the investigation, the FBI recorded approximately 10,500 conversations.

Despite the large number of conversation recorded by the FBI, the jury could not convict the brothers as they undoubtedly found that the federal government could not prove their case beyond a reasonable doubt. A conversation recorded by the FBI revealed that Antonio called Coney to warn him of a police presence in the neighborhood. Another conversation that was recorded revealed that Glenn spoke about buying a "cookie" which is code for one ounce of cocaine. It is believed that the severe lack of evidence along with a strong case presented by the Miami criminal attorneys secured the acquittal.

It is always a difficult decision when discussing with a client whether or not to enter a plea or take a case to trial. Any skilled Miami cocaine trafficking lawyer or Miami marijuana trafficking lawyer has represented enough clients to give a good opinion as to what he believes will be the outcome of any criminal case will be. However, without a crystal ball, no one can give guarantees. While the first seventeen defendants entered guilty pleas, they may have a more difficult time at trial depending on the evidence that was accumulated against them.

Ex-Miami-Dade Cop, Brother Cleared in Drug Case, The Miami Herald, October 29, 2009.

Several Miami residents have been arrested while others are being sought by state authorities for their involvement in mortgage fraud, marijuana trafficking and racketeering. The Highlands County Sheriff's Office in conjunction with the Florida Department of Law Enforcement issued four arrest warrants with six more to be served. The investigation into the case began in 2007 with the discovery and dismantling of several "grow houses". It is unclear at this point whether the those arrested will seek representation from Miami criminal lawyers or criminal attorneys from the Orlando area.

Lesman Chavarria of Miami, Yelenies Viera of Hialeah, Maria Lurbe of Miami and Alexander Yanes of Miami were arrested and booked on the following charges: racketeering (RICO), mortgage fraud, marijuana trafficking and conspiracy. The initial judge at the bond hearing set bail in the amount of $50,000 for each defendant. Law enforcement did not set forth a time-line for severing the remaining warrants, however, they did acknowledge that the arrest warrants all contained the same or similar criminal offenses.

Highlands County law enforcement have stepped up their efforts to investigate and make arrests in marijuana trafficking and cultivation operations within their jurisdiction. These ongoing marijuana trafficking investigations are being conducted by Highlands County Sheriff's Department and the Florida Department of Law Enforcement. The Florida Legislature has enacted serious penalties in an effort to curtail marijuana trafficking. Possession of more than 25 pounds of marijuana or 300 or more marijuana plants can result in a three year minimum prison sentence. Possession of more than 2,000 pounds of marijuana or 2,000 or more marijuana plants can result in a seven year minimum prison sentence. Possession of more than 10,000 pounds of marijuana or 10,000 plants can result in a fifteen year minimum prison sentence.

After numerous marijuana "grow house" arrests, the investigations later revealed the homes used to grow the marijuana were purchased though mortgage fraud schemes. Many other law enforcement agencies have discovered that "grow houses" have been obtained through various mortgage fraud schemes. Miami and South Florida have been the home to the largest number of marijuana trafficking and mortgage fraud cases in the United States.

Mortgage Fraud Leads to Racketeering and Marijuana Trafficking Arrests, Newssun.com, October 27, 2009.