Contraband Charges in Florida Jails, Prisons, and Juvenile Facilities

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

The elements are summarized from the official instructions (see our Elements pages for the full text):

• County jail (Instr. 25.17, Elements): you knew the item was there; you introduced, possessed on the grounds, gave to or received from an inmate, took, or tried to take or send the item; and the item is on the statute's list.
• Juvenile facility (Instr. 25.18, Elements): knowledge of the item, one of the listed acts, and a listed item.
• State prison, possession (Instr. 25.20, Elements): you possessed a listed item, and you were an inmate or were on the grounds of a state correctional institution.
• State prison, introduction or removal (Instr. 25.21, Elements): you introduced, took, sent, or tried to take or send a listed item; you knew it was there; and, for letters, recordings, money, food, or clothing, that you gave or meant to give it to an inmate.

Degrees and Penalties

County jail (s. 951.22), which also covers giving items to or receiving them from an inmate:

• Written or recorded communications, currency or coin, food or clothing, tobacco products, cigarettes, cigars, intoxicating beverages, or vapor devices: first-degree misdemeanor (up to 1 year and a $1,000 fine).
• Drugs of any kind (including controlled substances, marijuana, and hemp), firearms or weapons, escape tools, or cell phones and other portable communication devices brought inside the secure perimeter: third-degree felony (up to 5 years and a $5,000 fine).
• Lawyer, paralegal, and legal-staff correspondence about the inmate's representation, when otherwise lawful, is excluded from the communications category.

Juvenile facility (s. 985.711): any violation is a second-degree felony (up to 15 years and a $10,000 fine). That uniform penalty comes from ch. 2024-130, effective July 1, 2024.

State prison (s. 944.47):

• Communications, currency, coin, food, or clothing meant for an inmate, or cell phones and portable communication devices: third-degree felony.
• Vapor devices: first-degree misdemeanor.
• Everything else on the list, including drugs, intoxicating beverages, firearms, weapons, and explosives: second-degree felony.
• An employee who uses the job to commit the offense is ranked one level higher for sentencing.

Common Situations

• A visitor's phone, vape, or pills found at a security check.
• Items mailed or dropped off for someone inside.
• A cell phone found in a shared cell or common area.
• A corrections employee or contractor accused of smuggling.

Defense Themes

• Knowledge. For most of these charges, the State must prove you knew the item was there. A bag packed by someone else, or a shared space, raises real questions.
• Possession. In a shared cell or vehicle, who actually controlled the item?
• Authorized channels. Each statute excludes items that came through approved channels.
• Where it happened. Phone and vape charges require introduction inside the secure perimeter.
• The search itself. How the item was found can be challenged. See Motions to Suppress.

What to Do First

1. Do not explain or argue with officers or investigators. Ask for a lawyer.
2. Write down who packed, carried, or had access to the item.
3. Call us before any interview. If an employee faces an internal investigation, talk to us before giving a statement.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is bringing a cell phone into a jail a felony?

In a county jail or state prison, a cell phone or portable communication device intentionally and unlawfully brought inside the secure perimeter is a third-degree felony. In a juvenile facility it is a second-degree felony.

I didn't know it was in my bag. Does that matter?

Yes. Knowledge of the item is an element of most of these charges.

Is a vape treated the same as drugs?

No. In a county jail or state prison, a vapor device is a first-degree misdemeanor. Drugs carry felony penalties.