How Prosecutors Build Drug Conspiracy Cases in Florida



Short answer: A “drug conspiracy” in Florida doesn’t require that drugs ever change hands. If two or more people agree to commit a drug crime—like trafficking in cocaine, heroin, or fentanyl—and prosecutors say they can prove intent, you could face the same penalties as if the offense happened. Florida Statutes §777.04 (conspiracy) and §893.135 (trafficking) are often charged together.

Why conspiracy charges are common in Florida drug cases

  • Low threshold: Agreement + intent can be enough.
  • Leverage: Used to pressure guilty pleas or co-operation.
  • Multi-defendant reach: Texts, phone calls, and associations can rope multiple people into one indictment.

Florida drug arrest trends and statistics

According to the Florida Department of Law Enforcement (FDLE), felony drug arrests have slowly declined over the past decade, but remain high compared to other offenses. This makes drug conspiracies one of the State’s most frequent felony case types.

drug conspiracy florida

How prosecutors build a case

  1. Surveillance & informants: Confidential informants and wiretaps provide recorded “agreements.”
  2. Texts and calls: Even vague messages can be presented as evidence of agreement.
  3. Quantity thresholds: Trafficking weight levels under §893.135 raise penalties dramatically.
  4. Joint defendants: Prosecutors often try multiple defendants together for tactical advantage.

Penalties for drug conspiracy

Penalties generally track the underlying trafficking charge. For example, conspiracy to traffic in 28 grams of cocaine can trigger a 3-year minimum mandatory prison term—even if no cocaine was ever delivered. Higher weights can mean 15- or 25-year mandatory minimums.

See our dedicated resource: Orlando Drug Trafficking Conspiracy Lawyer.

Defense strategies

  • No true agreement: Challenge whether messages or conversations prove intent to traffic.
  • No knowledge: Attack evidence tying you to the specific drug or weight.
  • Entrapment: Informant-driven stings may cross the line legally.
  • Motion practice: Early pretrial motions can exclude critical wiretap or surveillance evidence. Learn more about pretrial motions.

Why statistics matter in your defense

FDLE data shows thousands of felony drug arrests each year in Florida. Nationally, Bureau of Justice Statistics data confirms that over 90% of federal drug conspiracy defendants plead guilty rather than risk trial. These trends help explain why prosecutors file conspiracy so often—and why strong defense strategies matter.

Work with an experienced drug conspiracy lawyer

Drug conspiracy cases are complex, document-heavy, and require aggressive defense from day one. Our board-certified trial attorneys know how to challenge wiretap evidence, undermine informant credibility, and fight mandatory minimum sentencing exposure.

Visit our Drug Trafficking Conspiracy page or start with our Florida Conspiracy overview.


Florida Drug Conspiracy FAQ

Do I need to be caught with drugs to be charged with conspiracy?

No. Agreement and intent can be enough. The drugs don’t need to change hands for conspiracy charges to apply.

Can I face federal and state conspiracy charges?

Yes. Federal prosecutors often use 21 U.S.C. §846 for drug conspiracies, especially if the case crosses state lines or involves large quantities.

What are the penalties for cocaine trafficking conspiracy?

Penalties track weight thresholds under §893.135. As little as 28 grams can bring a 3-year mandatory minimum. Higher weights carry longer mandatory minimums (15 or 25 years).

How do statistics help in plea negotiations?

Knowing that most cases end in pleas and how sentencing trends look gives your defense team leverage when pushing for reduced charges or alternatives.


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