Transporting illegal drugs through the mail is a major offense that can result in criminal charges for both the sender and the receiver. To avoid the penalties for receiving drugs in the mail, you need the assistance of a professional drug crime defense attorney in Tampa, FL.
The legal team at Buda Law has a proven track record of defending clients against both state and federal charges. We represent clients accused of drug crimes in Hillsborough County, Pinellas County, and throughout the Tampa Bay area. Our team is prepared to do all we can to protect you from jail or prison time, hefty fines, and other legal consequences associated with receiving drugs in the mail.
Act quickly to defend your freedom. Schedule a free consultation with our experienced defense attorneys in FL today by calling (813) 322-2832 or contacting us online.
Why Receiving Drugs in the Mail Can Lead to a Federal Offense
The United States Postal Service (USPS) is a federal agency that operates as part of the executive branch. As such, all matters regarding the USPS fall under the jurisdiction of the federal government. Packages sent through private carriers, such as FedEx or UPS, can also fall under federal jurisdiction. If the package never leaves the state in which it originated, investigation and prosecution may be handled by local law enforcement agencies and state prosecutors. However, federal authorities can step in any time illegal substances are sent over state lines, into the country, or out of the country.
Florida Drug Charges vs Federal Charges
Which jurisdiction a drug charge falls under changes several aspects of your case. The table below details some of the most notable key differences.
| Florida Drug Charges | Federal Charges |
| State prosecutors handle the case | Federal prosecutors handle the case |
| Florida sentencing laws apply | Federal sentencing guidelines apply |
| County court or circuit court | United States District Court |
| Local investigations | Multi-agency investigations |
| May involve probation options | Often carries stricter penalties |
Buda Law’s Tampa federal crime lawyers have the experience necessary to handle federal drug charges. We guide our clients through every step of the legal process and tailor our defense plans to their needs.
What is the Penalty for Receiving Drugs in the Mail?
The penalties courts issue for receiving drugs in the mail depend on several factors, including the type of drugs involved, the quantity of drugs, and prior criminal history.
Under Florida law, receiving drugs in the mail can qualify as illegal possession. Penalties are as follows:
- First-degree misdemeanor (possession of 20 grams or less of cannabis): Up to 1 year in prison and a maximum fine of $1,000.
- Third-degree felony (illegal possession of controlled substances): Up to 5 years in prison and a maximum fine of $5,000.
- First-degree felony (possessing more than 10 grams of Schedule I-V drugs): Up to 30 years in prison
Alternatively, federal conviction for causing illegal substances to be delivered by mail can result in imprisonment for:
- 1 year, when done without the intent to harm another
- 4-8 years, for felony charges
- 20 years, when done with the intent to kill or injure another
- Life, when it results in the death of another
Higher criminal classifications and penalties apply for cases of possession with intent to sell. Federal convictions can also lead to permanent loss of the right to own firearms or vote, and disqualification from professional licensing and federal student aid. The Tampa drug possession lawyers at Buda Law work hard to protect our clients from the consequences of conviction.
How Federal Law Applies to Drugs in the Mail
Under U.S.C. Title 18 § 1716, it is illegal to send any item that may kill or injure another through the mail, which can include drugs. This section also forbids the mailing of poisonous drugs and medicines except by certain professionals or manufacturers. Furthermore, U.S.C. Title 21 § 843 forbids intentionally and knowingly using a communication facility, including mail carriers, to commit, cause, or facilitate any felony. Federal law defines felony drug offenses as any offense that is punishable by more than one year under any federal or state law in the U.S.
The prosecution does not need proof that you committed the crime in question. Federal law allows conviction for merely attempting or conspiring to commit certain drug-related offenses. They also do not need proof that you have or had actual possession of a drug to link you to criminal charges. Merely having constructive possession, which is control over an item that is not in your physical custody, can constitute a criminal conviction.
Federal Charges Commonly Filed in Mail Drug Cases
Federal cases involving mailed drugs can result in several types of charges, including:
- Drug trafficking
- Possession with intent to distribute
- Conspiracy
- Mail fraud-related allegations
- Interstate drug distribution
- Importation allegations
The complicated nature of this crime makes legal representation all the more important. No matter which charges the prosecution accuses you of, our Tampa drug crime attorneys will plan a thorough defense.
Federal Jurisdiction in Florida Drug Cases
Cases can move from state court to federal court for many reasons. The involvement of the USPS and the transportation of drugs across state lines are among the most common factors that lead to federal jurisdiction.
Several federal entities are involved in the process of investigating and prosecuting federal drug cases. USPS Postal Inspectors thoroughly check packages to detect drugs and other illegal items. They often work with both local narcotics task forces, the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) during the inspection and investigation process. Homeland Security may also participate in investigations, particularly when suspicious packages are being imported to or exported from the U.S.
Penalty for Mailing Prescription Drugs Without Authorization
Federal law strictly regulates who has the authority to distribute controlled substances by mail. Typically, only manufacturers, licensed pharmacists, medical practitioners, and other entities registered with the DEA are allowed to do so. Both state and federal laws forbid the illegal possession or distribution of prescription medications. This means that sharing or shipping your medicine can lead to federal criminal charges.
Depending on the circumstances, illegally sending a drug through the mail can result in as little as 1 year of imprisonment. However, sentencing is often higher, especially for drugs that fall under penalty groups. Federal prosecutors frequently pursue charges for illegally shipping drugs such as Adderall, xanax, oxycodone, hydrocodone, and other controlled substances. To avoid serious legal penalties, it is best to secure representation from an experienced prescription fraud attorney in Tampa as soon as possible.
Can You Be Charged If the Package Was Addressed to You But You Didn’t Know Drugs Were Inside?
Many drug crimes require the prosecution to prove that the defendant “knowingly” committed an illegal act. To secure a conviction, prosecutors must prove criminal intent, meaning the recipient knew the package contained illegal drugs. Furthermore, knowledge is a key aspect of constructive possession. These charges allow prosecutors to pursue legal action for illicit drugs that were not directly on the defendant’s person, but still in their control. For these reasons, prosecutors work hard to prove knowledge, intent, and awareness.
It is important to note, however, that lack of knowledge may not clear you of all criminal charges. Even if you aren’t aware of the drugs being mailed, you may still face charges if the drugs are found in your actual possession.
Drug Trafficking Allegations Involving Drugs in the Mail
Florida issues harsher penalties for drug dealers and other individuals involved in drug trafficking. Conviction does not require proof of sales. Merely possessing a certain weight of a particular drug is enough to pursue legal action. For example, selling, buying, or possessing more than 25 pounds of cannabis or more than 28 grams of cocaine can lead to drug trafficking charges.
If you’ve been accused of trafficking drugs, seeking legal representation is crucial. To speak with a drug trafficking attorney in Tampa, don’t hesitate to contact Buda Law.
Penalties for Drug Trafficking Convictions
Courts often require mandatory minimum sentences for drug trafficking. Trafficking in certain drugs, such as cocaine, can lead to life imprisonment. When the charge falls under federal jurisdiction, sentences are served in federal prison.
Even after you serve your sentence, you can face long-term consequences that affect your quality of life. Driver’s license suspension and the financial burden of hefty fines can make life more difficult. Furthermore, you may find that your employment and housing options become more limited.
How Law Enforcement Investigates Drugs Through the Mail
Both law enforcement officers and postal employees play a role in investigating and intercepting suspicious packages. The U.S. Postal Inspection Service is a branch of the USPS that works with the DEA and other federal agencies for this purpose. Common detection methods include X-ray screening, drug-sniffing dogs, and surveillance. Investigators may also use digital evidence and delivery records to prove guilt.
When they discover a package with illicit substances, postal inspectors will often allow the package to continue to its destination in a “controlled delivery.” They monitor the recipient carefully to determine if they are involved in a drug trafficking operation before proceeding with search warrants and arrests.
Defenses to Criminal Charges for Receiving Drugs in the Mail
Buda Law’s Tampa drug crime attorneys work diligently to protect our clients from the severe penalties of criminal conviction. To accomplish this goal, we tailor our defense to the details of your case.
Lack of Knowledge
One possible defense strategy in criminal drug cases is lack of knowledge. If you did not know about the contents of the package, the prosecution may be unable to prove key aspects of certain criminal charges.
Illegal Search and Seizure
If law enforcement agencies violated your Fourth Amendment rights, it can affect the validity of the prosecution’s case. This defense can apply when officers failed to obtain search warrants or acted without probable cause.
Entrapment and Controlled Delivery Issues
The entrapment defense may be relevant to cases involving controlled delivery. If your attorney can prove that law enforcement or government agencies induced you to commit a crime you would not have otherwise committed, the court may dismiss charges.
Problems With Evidence
Identifying and challenging evidence issues is another common form of criminal defense. The prosecution may have insufficient proof to convict. They may misidentify the culprit and try to punish the wrong individual. Problems with the chain of custody or weak forensic evidence can also prove relevant to the defense’s case.
What To Do If You Are Accused of Receiving Drugs in the Mail
When facing any criminal charge, it is crucial to avoid speaking to investigators without a lawyer. Do not consent to searches, even if you feel you have nothing to hide. Preserve all texts, emails, and shipping records. This evidence is important to your defense case.
As soon as possible, contact an experienced criminal defense attorney in Tampa. Early legal intervention means your attorney has the time they need to study your case and build an effective defense strategy.
How Buda Law Defends Florida Drug Crime Cases
For legal representation that has a thorough understanding of both state and federal drug laws, choose Buda Law. We offer reliable criminal defense throughout Hillsborough County, Pinellas County, and Tampa Bay.
Our team is experienced in defending against serious offenses, including drug trafficking allegations, federal charges, and mail-related drug investigations. We thoroughly investigate your circumstances and any possible defense. Whenever possible, we challenge the prosecution’s evidence. Allow Buda Law to protect your rights.
Contact a Tampa Drug Crime Lawyer at Buda Law for a Free Consultation Today
If you’re facing drug-related charges, don’t wait to seek representation from a skilled defense attorney in Tampa. Buda Law is dedicated to helping clients avoid the substantial fines, jail time, and other life-altering consequences of state and federal criminal convictions.
Our Tampa, FL, drug crime defense attorneys serve areas throughout Hillsborough County and Pinellas County. To schedule your free consultation with our team, call (813) 322-2832 or contact us online today.